GENERAL CONTRACTING TERMS AND CONDITIONS

Introduction

This contractual document shall govern the General Contracting Terms and Conditions of products and services (hereinafter, “Terms and Conditions”) through the marziomilano.com/contact website, the property of URMADY ASESORES SL (hereinafter, the PROVIDER), whose contact details also appear in the Legal Notice of this Website.

These Terms and Conditions may be amended at any time. You as the USER are responsible for reading them regularly, as the ones in force at the time of placing an order will be of application.

The contracts will not be subject to any formality except for those expressly indicated in the Spanish Civil and Commercial Codes and in this or in other special legislation.

Accepting this document implies that you as the USER:

• Have read and understood the above.
• Are a person with sufficient capacity to enter into contracts.
• Assume all obligations set forth herein.

These terms and conditions shall be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The PROVIDER hereby informs you that business is liable and it understands the current laws of the countries to which it sends its products. It reserves the right to unilaterally amend the terms and conditions, without affecting the goods or promotions acquired prior to the amendment.

Identity of the contracting parties

On the one part, the PROVIDER of the goods or services contracted by the USER is MARZIO MILANO (URMADY ASESORES SL), whose registered address is at  C/ Campoamor, 18. 2ºA. 28004. Madrid (SPAIN), Tax ID Number B85723633. And on the other part, you as the USER, registered on the website by means of a user name and password, who are fully liable for their use and safeguarding and for the accuracy of the personal data submitted to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the SUPPLIER and the USER, which is established when you the USER so agree by ticking the relevant box during the online contracting process.

The contractual trade relationship involves the delivery of a specific product or service, in exchange for a set price which is publicly displayed on the website.

Contracting procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and may register on the website by creating a user account. Therefore, the USER shall freely and voluntarily provide the personal data required, which shall be processed pursuant to Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the Spanish Personal Data Protection Law 3/2018, of 5 December (LOPDGDD) and detailed in the Legal Notice and in the Privacy Policy of this website.

You the USER will select a user name and password, undertake to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to block them immediately.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 of Information Society Services and Electronic Commerce (LSSICE), the following steps will be followed during the contracting procedure:

1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
4. Claims.
5. Force Majeure.
6. Competency.
7. General information of the quote.
8. Price and period of validity of the quote.
9. Purchase process.
10. Applicable warranties.
11. Warranties and returns.
12. Applicable law and jurisdiction.

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by you the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPMENT OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Shipment of goods will usually be made using EXPRESS COURIER (SEUR for shipments to destinations in Spain and FEDEX for shipments to Eurozone countries), according to the destination freely indicated by the USER. Please contact info@marziomilano.com for shipments to other destinations outside the Eurozone.

Failure to execute the distance contract

Delivery dates or times are approximate and delays do not constitute a fundamental breach. Should the PROVIDER have not delivered the goods within 30 days of the agreed delivery date, due to lack of availability of the product or service, the USER will be informed and be entitled to cancel the order and receive a refund of the total amount paid at no additional cost, and without any liability for damages being attributable to the PROVIDER.

In the event of an undue delay by the PROVIDER of the refund of the total amount, the USER may seek payment of double the amount owed, without prejudice to the user’s right to be compensated for damages incurred that are greater than that amount.

The delivery period is usually between 2 and 7 working days, depending on the delivery location and payment method chosen. This period is taken to be valid provided that the availability of the goods has been confirmed and the full payment of the order has been verified.

The PROVIDER shall not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.

It is the USER’s responsibility to check the products upon receipt and note any provisos and claims that can be justified on the delivery acceptance document.

3. RIGHT OF WITHDRAWAL

You as the USER have the same rights and time periods to return and/or report possible flaws or defects in the online products or services as they do for offline products or services.

You have a period of fourteen calendar days, from the date of receipt of the product to return it (Article 71 of Spanish Law 3/2014 of 27 March). Shipping costs for the product will be free for Spain and will be €50 for other places in the Eurozone. The product must be returned in its original packaging and in perfect condition.

Returns will only be accepted if the security tag on the product has not been manipulated in any way.

The right of withdrawal shall not apply in the following cases:

1. If the product is not returned in perfect condition. It is very important that the white security tag or seal has not been manipulated if you want to return the product or change the size.
2. If the product packaging is not the original or is not in perfect condition. The original packaging must be used to protect the product so that it arrives in perfect condition. Seals and adhesive tapes must not be directly used on the original packaging.
3. When the product is opened and it is impossible to prove it has not been used.
4. Personalised products or products that, for hygiene reasons or other legally established exceptions in Article 103 of Spanish Law 3/2014, of 27 March.
5. In the supply of products made to the consumer’s specifications or clearly personalised.
6. In the supply of products that can deteriorate or expire quickly.

Any return must be notified to the PROVIDER and requested by email to info@marziomilano.com or by calling +34 669 568 860, indicating the relevant invoice or order number.

Once you as the USER have received the return number, the product must be sent to the PROVIDER, indicating the number on the cover letter, to URMADY ASESORES SL – C/ Campoamor, 18. 2ºA. 28004. Madrid. (SPAIN). You have to pay the transport costs when returning the product from outside Spain.

In short:

Shipments

• Spain: SEUR courier and free
• Eurozone: FEDEX courier and free
• Outside the Eurozone: please contact us by email to info@marziomilano.com

Returns

• The white security tag or security seal must not have been manipulated.
• Maximum return period: 14 days
• Returns in Spain: free
• Returns from Eurozone (not Spain): €50
• Return from outside the Eurozone: please contact us by email to info@marziomilano.com

Changes of size

• The white security tag or security seal must not have been manipulated.
• Maximum time: 14 days (whenever products are available)
• Change of size (Spain): free
• Change of size (Eurozone): free
• Change of size from outside the Eurozone: please contact us by email to info@marziomilano.com

4. CLAIMS

Any claim that you as the USER deem appropriate should be dealt with as soon as possible and can be made by contacting the following contact addresses:

Postal: URMADY ASESORES SL – C/ Campoamor, 18. 2ºA. 28004. Madrid. (SPAIN)
e-mail: info@marziomilano.com

Online Dispute Resolution

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online platform to settle any disputes between the USER and the PROVIDER without the need to resort to courts, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any fault due to any fortuitous events. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

You as the USER declare that you have read, understood and accepted these General Terms and Conditions in their entirety.

7. GENERAL INFORMATION OF THE QUOTE.

All sales and deliveries made by the PROVIDER are subject to these General Terms and Conditions.

No amendment, alteration or agreement contrary to the business proposal of URMADY ASESORES SL  or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these specific agreements shall prevail.

Given the ongoing technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE QUOTE

The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.

Before making your purchase, you can check all details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

Once the order has been placed, prices will be maintained regardless of whether the products are available.

Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name indicated while placing the order. This invoice will be sent with the purchased product to the email address provided by the USER.

For any information about the order, the USER may contact the PROVIDER’s customer service by emailing info@marziomilano.com.

Security measures

This website uses generally accepted security techniques in the information industry, such as firewalls, procedures for access control and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these goals, the user/customer agrees that the provider to obtain data for purposes of authentication for access control.

The PROVIDER undertakes not to allow any transaction that is or will be considered illegal by the acquiring bank or credit card brands, that may or has the potential to harm their goodwill or negatively impact them.

The following activities are forbidden pursuant to the card brand programme: the sale or offering a product or service that does not comply with all the legislation applicable to the Purchaser, Issuing Bank, Merchant or Holder of the card or cards.

9. PURCHASE PROCESS

Cart (quote simulation)

Any product from our catalogue can be added to the cart. The basket only shows the products, quantity, price and total cost. Once the cart has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.

Carts have no administrative link, it is only a section where you can simulate an order without any commitment from either party.

Follow the steps below to correctly place an order from the cart:

• Confirm billing details.
• Confirm shipping address.
• Select payment method.
• Place your order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming that an order has been placed.

Orders (purchase requests)

An email will be sent to the USER confirming the order status and the approximate order and/or shipment date within 24/48 hours on working days.

10. APPLICABLE WARRANTIES

All products offered on the website are completely original, unless otherwise stated in their description. They all have a two-year warranty period in accordance with the criteria and conditions described in the Spanish Legislative Royal Decree 1/2007 of 16 November, approving the consolidated text of the General Consumer and User Law and other complementary laws

11. WARRANTIES AND RETURNS

The warranty of the products offered are in accordance with the following articles based on Spanish Legislative Royal Decree 1/2007 of 16 November, approving the consolidated text of the General Consumer and User Law and other complementary laws:

12. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or interpreted in accordance with Spanish law regarding aspects not expressly established herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.

If the USER’s domicile is outside Spain, the PROVIDER and the USER hereby expressly waive any other jurisdiction to which they may be entitled and agree to submit any dispute to the courts and tribunals of the city of Madrid (Spain).