Conditions of Sale

Date posted on Website and effective from: 06/05/2025

 

1. Scope

1.1 These General Terms and Conditions of Sale apply to the purchase of products bearing the trademarks owned by Alviero Martini S.p.a. (hereinafter, the “Products”), made by Customers through the e-commerce website www.alvieromartini.it/ (hereinafter, the “Website”).

1.2 The Website belongs to Alviero Martini S.p.a. of Via Argelati, 1/A - 20143 Milan, Italy.

1.3 The parties involved in purchases of Products made through the Website are Alviero Martini S.p.a., in the role of seller (hereinafter, the “Seller”), and whoever purchases one or more Products (hereinafter, the “Customer”); (Seller and Customer are hereinafter referred to collectively as the “Parties”).

1.4 Alviero Martini S.p.a. owns all rights to the Website’s domain name, the logos and the trademarks pertaining to the Products offered on the Website, as well as the copyright to the contents of the Website.

1.5 Any and all Customer communications connected with or relating to purchases of Products – including any notifications, complaints and requests concerning the purchase or the delivery of Products, exercise of the right to cancel transactions, etc. – are to be sent to the Seller at the addresses and in the ways stated in the Website, using a contact form.

1.6 Each and every purchase is regulated by the version of these general terms and conditions of sale published in the Website at the time the Customer places an order.

1.7 The Website is devoted to retail sales. Orders cannot be placed by parties that are not natural persons and/or that purchase one or more Products for purposes associated with their business, trading, handicraft or professional activities. In any event, should one or more sales be made to such a party, these general terms and conditions shall apply, but, in departure therefrom:
a) the party concerned will not be entitled to cancel transactions as contemplated in article 10 hereof;
b) the party concerned will not benefit from the warranty on the Products contemplated in article 8 hereof;
c) the party concerned will not be entitled to any other forms of protection afforded hereunder to parties that are natural persons and purchase one or more Products for purposes that are not associated with their business, trading, handicraft or professional activities, which reflect or comply with mandatory provisions of the law;
d) the transaction concluded by and between the Seller and that party will be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.

1.8 A Customer who sends a purchase order agrees and accepts that confirmation of the information regarding the order placed and these General Terms and Conditions of Sale will be sent by e-mail to the address provided by same when registering with the Website or during the order process.

1.9 Customers must be of adult age (over 18) and legally and mentally competent in order to be able to purchase Products through the Website and they declare that they possess such requisites when they place an order.

1.10 Customers are liable for any and all costs incurred for Internet connection to the Website, including telephone expenses, at the rates charged by their chosen operators.

 

 

2. Product characteristics and product availability in different geographical areas

2.1 The Products are sold with the characteristics described in the Website and in compliance with the general terms and conditions of sale published in the Website at the time an order is placed, to the exclusion of any other term or condition.

2.2 The Seller reserves the right to amend these general terms and conditions of sale at any time and at its discretion, without the need to previously notify the Website’s users. Any amendments made will become effective as of the date they are published in the Website and they shall apply only to sales concluded from that date onwards.

2.3 The Products on sale in the Website, their characteristics and their prices may be changed without warning. Before placing an order in compliance with article 3 below, Customers are invited to check the final sale price of the relevant Products.

2.4 The Website can be visited by users in any part of the world. However, the Products available in the Website can only be purchased by users requesting delivery in one of the countries listed in the Website.

2.5 The Seller reserves the right to alter and/or improve any Product featured in the Website, without being obliged to make such alterations to previously sold Products.

 

 

2BIS. Gift Card

2BIS.1. Gift Card description and validity

2BIS.1.1. The virtual Gift Card is available for the fixed amounts foreseen on the Website and can be used by the Customer or by a third party to purchase any Product on the Website, except for additional Gift Cards, until the Gift Card’s value has been completely used. The Gift Card is not a nominative card. The Customer will be able to purchase one or more Gift Cards for himself/herself or give the Gift Card(s) to a third person as a present. The Gift Card purchased cannot be recharged and can be used repeatedly until the respective credit has been completely used only to purchase Products via the Website, except for additional Gift Cards.

2BIS.1.2. The Gift Card will be supplied in an electronic format and sent by e-mail; the Card can be purchased on the Website.

2BIS.1.3. The Gift Card has a validity of 12 (twelve) months effective from the date the Customer receives the email containing the Gift Card code.

2BIS.1.4. The amount paid to purchase the Gift Card will be transferred to the Seller in a non-interest-bearing deposit, cannot be converted into ready cash, or credited to a credit card or to a bank current account.

2BIS.1.5. Purchasing the Gift Card is not subject to VAT, pursuant to Article 2, paragraph 3, sub-section a) of Presidential Decree No. 633/1972.

2BIS.2. How to purchase the Gift Card – Finalising the purchase agreement

2BIS.2.1. The designated recipient of the Gift Card will be entitled to use the Gift Card until its value is used fully, based on the following terms and conditions. The Customer will be requested to indicate the following details in the information sheet referred to the Gift Card:
- sender’s name;
- sender's e-mail;
- recipient's name;
- recipient's e-mail;
- text of accompanying message (optional).
If the Customer intends to purchase a Gift Card to give the Card to a third party as a present, then the Customer must communicate the name and e-mail address of the third party concerned during the respective purchasing process. The foregoing data will be processed exclusively to enable the Seller to send the Gift Card to the third-party by e-mail, to fulfil the Seller's consequent services and obligations. The Customer is warned and states that he/she is aware that providing incorrect details of the third-party's e-mail address to whom the Gift Card is to be sent, as indicated by the Customer during the Gift Card purchasing process, will make it impossible for the third party to receive and use the Gift Card in question and the Seller will be exempt from any and all liability in this circumstance.

2BIS.2.2. The Customer will be able to view a summary of his/her order, and will have the opportunity to change the contents before the order is sent: therefore, after the Customer has carefully re-read his/her order, he/she must expressly approve these general terms and conditions of sale available on the Website and, lastly, the Customer will be requested to confirm his/her order, whereupon the order will be sent to the Seller and will produce the effects described in paragraph 3.2. below. While viewing the order summary, the Customer will also be requested to select the method of payment from among the methods available and indicated on the Website. If the Customer selects the immediate method of payment (at the same time as the purchase) by credit card, or PayPal, then the Customer will be required to confirm the respective relevant data via a secure connection. The Seller reserves the right to verify the general information indicated by the Customer for accounting and administrative purposes. If payment is made by credit card, the purchase amount will only be debited at the date the order acknowledgement is transmitted by the Seller to the Customer.

2BIS.2.3. At the end of the procedure specified in paragraph 2bis.2.2. above, a Customer that ordered one or more Gift Cards will receive an e-mail acknowledging his/her order, the e-mail will contain the order number, and a summary of the order.

2BIS.2.4. After the verification of the successful payment, the recipient of the Gift will receive an e-mail that includes the Gift Card's code and its value, the expiry date, the recipient’s name and the optional accompanying message, if any.

2BIS.3. How to use the Gift Card

2BIS.3.1. The Gift Card can be used to purchase any Product on the Website; it can also be used to cover delivery charges and greeting cards and gift packaging, if these are present and available on the Website. The Gift Card cannot be used to buy additional Gift Cards. The Gift Card's use does not involve any additional cost.

2BIS.3.2. More than one Gift Card can be used for a given order of Products from the Website.

2BIS.3.3. The Gift Card code must be entered in the respective field on the virtual shopping basket page in order to purchase Products using one Gift Card.

2BIS.3.4. The Gift Card can be used to make more than one purchase on the Website until the full amount credited has been used, and within the Gift Card's validity period.

2BIS.3.5. If the total amount of the order exceeds the credit available on the Gift Card, then the excess amount must be paid using one of the methods of payment available on the Website to complete the order.

2BIS.3.6. Subsequently, when the respective validity period (12 months) expires, the Gift Card cannot be used further and any remaining credit on the Gift Card will not be refunded.

2BIS.3.7. If one or more Products included in the purchase order paid (in full or partially) using a Gift Card are not available, then the Seller will cancel the order, with the consequent full refund of the respective amount paid. The Gift Card's credit used for this order will be credited back to the Gift Card within 14 days from the date the order was cancelled, while the remaining sum paid using other means of payment will be refunded using the same means of payment selected by the Customer when confirming the order. If the validity of the Gift Card used by the Customer expires during the period between the date one or more Products are purchased with the Gift Card and the subsequent cancellation of the same order, in accordance with this paragraph, then the validity of the Gift Card that the Customer used will be extended for a further 30 days.

2BIS.3.8. If the Customer is already registered on the Website then the Customer will be able to view the Gift Card balance (remaining credit) in his/her private area.

2BIS.3.9. The recipient of the Gift Card has the possibility to check the remaining credit of the Gift Card in the virtual shopping basket section.

2BIS.3.10. The Customer is expressly warned and states that he/she is aware that knowledge of the Gift Card's code enables the Gift Card to be used by anyone via the Website: therefore, the Gift Card’s code must be diligently kept and protected by the Customer or by any third-party to whom the code has been disclosed. It remains understood that, with reference to the use of the Gift Card, the records - also the IT records - in the Seller's sales system shall prevail between the Customer or the third-party to whom the Gift Card has been given and the Seller.

2BIS.4. Right of withdrawal from the purchase of a Gift Card

2BIS.4.1. The Customer entitled to withdraw from the purchase contract of a Gift Card, without any cancellation fee, within a period of 14 (fourteen) days from the date of purchasing the respective Gift Card. . The right of withdrawal referred to in this paragraph remains expressly excluded and it will not be possible to exercise the right of withdrawal with reference to a Gift Card that has been used in part or in full to purchase Products on the Website.

2BIS.4.2. In order to exercise the right of withdrawal, if the period referred to in paragraph 2bis.4.1 above has not expired and if the Gift Card has not been used, in full or in part, to purchase Products on the Website, then the Customer must inform the Seller of his/her decision to withdraw by forwarding an explicit declaration to the Seller using the contact Form.

2BIS.4.3. As a result of the conditions envisaged in paragraph 2bis.4.2, above, the Customer will receive an e-mail to confirm withdrawal and deactivation of the Gift Card.

2BIS.4.4. In the case of withdrawal pursuant to this paragraph 2bis.4, the Customer will be refunded the amount paid to purchase the Gift Card, without undue delay and in any event, no later than 14 (fourteen) days from the communication of the intention to exercise the right of withdrawal. The foregoing refund will be made using the same means of payment adopted by the Customer when the Gift Card was purchased.

2BIS.5. Right of withdrawal from a purchase of Products made using a Gift Card

2BIS.5.1. If one or more Products are purchased using a Gift Card, the Customer will be able to exercise the right of withdrawal in accordance with Article 10 of these terms and conditions of sale. In these cases, exercising the right of withdrawal will affect the order as a whole and, therefore, necessarily all the Products which were purchased must be returned. If the right of withdrawal is exercised by the Customer with reference to the purchase of Products paid, partially or totally, with the credit resulting from a Gift Card, and if the conditions set out in Article 10 of these general terms and conditions of sale occur, then the amount paid with reference to the purchase order for which the right of withdrawal is exercised will be credited back to the Gift Card in question, within 14 days from the date the right of withdrawal was exercised with reference to the portion paid using the Gift Card. The Customer will be able to spend the amount credited back subject to the terms and conditions described above, and any additional amount paid using any other means of payment available on the Website will be refunded to the Customer, subject to the terms and conditions referred to in paragraph 10.5 of these general terms and conditions of sale, net of any stamp duties, via the same means of payment. If the period of validity of the Gift Card used by the Customer expires during the period between the purchase of one or more Products made using the Gift Card and the date the Customer subsequently exercising the right of withdrawal with reference to the same purchase order, then the validity of the Gift Card will be extended for a further 30 days.

 

 

3. Purchasing process - conclusion of each individual sale transaction

3.1 The presentation of the Products in the Website, which is not binding on the Seller, consists in a simple invitation to Customers to submit a contractual proposal to purchase them and is not an offer addressed to the general public.

3.2 An order sent by a Customer to the Seller via the Website has the validity of a contractual proposal and is regulated by these general terms and conditions of sale, which form an integral part of the order itself and which the Customer, by placing the order with the Seller, agrees to in their entirety and without any reservation. Before purchasing Products by placing an order, Customers are requested to carefully read these general terms and conditions of sale and the information regarding the right of withdrawal . Customers are also asked to check for and correct any errors made while inputting their data.

3.3 A Customer’s order is accepted by the Seller when it sends the Customer - to the e-mail address provided by the Customer when registering with the Website or when placing the order in the case of Customers not registered with the Website - an e-mail confirming the order placed, containing  a summary statement of the order made and a description of the characteristics of the Products ordered. The Customer’s order and the Seller’s confirmation of that order will be stored in digital format by the Seller in its computer systems and the Customer may request a copy of same using a contact form.

3.4 Except as specified below, each and every transaction involving the purchase/sale of Products shall nevertheless be considered concluded after the Customer’s receipt of the Seller’s confirmation of the order by e-mail and once the Seller collects payment of the price of the Products sold, the relating delivery charges and any other amount payable by the Customer as established in articles 6 and 7 below. Only in the case of sales against payment on delivery will the transaction be considered concluded upon the Customer’s receipt of confirmation of the order by e-mail.

 

 

4. Procedure for selecting and purchasing products

4.1 Customers may purchase the Products featured in the Website by selecting those they wish to buy, which are put into their virtual shopping basket. Once the Product selection process is completed, in order to purchase such Products the Customer will be asked (i) to register with the Website, providing the information requested, or (ii) to log in to the Website if already registered with it, or [and] (iii) to provide his/her data in order to complete the order and enable the conclusion of the transaction. Should the data provided in the order be different to those provided when registering with the Website, the Customer will be asked to confirm his/her data (for example: first name, surname, etc.), as well as the address to which the Products selected are to be delivered, the invoicing address and a telephone number on which he/she can be contacted if necessary with regard to the purchase made. The Customer will see on his/her screen a summary of the order to be filled and will be able to alter its contents; then, after carefully reading them, the Customer is asked to expressly approve these general terms and conditions of sale by checking the apposite box in the Website and will lastly be asked to confirm the order by clicking on the “Order Confirmation” tab, after which the order will be definitively transmitted to the Seller and will produce the effects described in article 3 hereof. The Customer will also be asked to select the delivery option and method of payment from among those offered. Should the Customer choose to pay immediately (concurrently with purchase) by credit card, PayPal or immediate bank transfer or – if credit is available thereon – by Gift Card, he/she will be required to provide the relevant details via a secure connection. In order to meet its own accounting and administrative requirements, the Seller reserves the right to check the details provided by Customers. If payment is made by credit card, the amount due will only be charged when the Seller sends its order acknowledgement to the Customer.

4.2 In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Customer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address customer.care@alvieromartini.it.

4.3 If the Customer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:

(a) if the Customer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Customer during the order transmission phase and (ii) refund the Customer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Customer for the initial payment;

(b) if the Customer has received the Product, the Seller shall promptly notify the Customer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, more specifically to Alviero Martini S.p.a c/o DHL Supply Chain (Italy) S.p.A.- Fashion Strada Provinciale 17 Km 7, 26852 Casaletto Lodigiano (LO) - ITALY, undamaged, complete with all parts and accessories (including unaltered labels and cards still attached to the Product), accompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty certificate, together with the duly completed RMA form attached to the email sent by the Seller- If the Customer chooses the option provided in point (b) (ii) above, the Seller shall refund the payments effected by the Customer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from the date the returned Product is received, using the same payment method used by the Customer for the initial payment.

 

 

5. Delivery and acceptance of goods

5.1 The Website states whether Products are in stock or not and their estimated delivery times; that information is nevertheless to be considered purely indicative and not binding on the Seller.

5.2 The Seller undertakes to use its best efforts to meet the delivery terms stated in the Website and, in any event, to make deliveries within a maximum of thirty (30) days of the day after the date on which the Seller accepts the Customer’s order and collects payment of the price, the delivery charges and any other amount payable by the Customer. Only in the case of sales against payment on delivery, the Seller undertakes to use its best efforts to meet the delivery terms stated in the Website and, in any event, to make deliveries within a maximum of thirty (30) days of the day after the date on which the Seller accepts the Customer’s order. If the Seller fails to fill an order due to a Product being even just temporarily out of stock, the Seller will so notify the Customer in writing and refund the amount already paid by the Customer for that Product.

5.3 Products ordered by a Customer will be consigned in the way chosen by the Customer from among the options available and offered on the Website at the time the order is placed. The Customer undertakes to check as soon as possible that the consignment contains all the Products purchased and only them and to promptly inform the Seller of any fault in the Products received or their discrepancy with the order placed, following the procedure set forth in article 8 of these general terms and conditions of sale, otherwise the Products will be deemed accepted. Should the packaging or the packing containing the Products ordered by the Customer be obviously damaged when they reach their destination, the Customer is invited to refuse their delivery by the carrier/shipper or accept it “with reservation”.

 

 

6. Prices, delivery charges, taxes and duties

6.1 A Product’s price is that reported on the Website at the time the Customer places an order. Prices are inclusive of standard packaging costs and, where stated in the Website, inclusive of VAT (if applicable) and any other indirect taxes (if applicable) and/or excise duties, whereas they do not include delivery charges, which are calculated in the order confirmation that the Seller sends to the Customer and the Customer undertakes to pay them to the Seller in addition to the price reported in the Website.

6.2 The Customer has to pay to the Seller the total price of the Products ordered, the delivery charges and any other amount due as reported in the order confirmation that the Seller sends to the Customer by e-mail.

6.3 Customers are liable for any and all additional costs, charges, taxes and/or duties whatsoever that a given Country may apply, on any grounds, on Products ordered pursuant to these general terms and conditions of sale.

6.4 Customers hereby acknowledge that their ignorance at the time they place an order with the Seller of the costs, charges, excise and other duties and/or taxes contemplated in the foregoing point 6.3 cannot constitute cause for terminating this agreement [for cancelling the order] and that under no circumstance can the relating sums be charged to the Seller.

 

 

7. Payments

7.1 The price of Products purchased through the Website, the relating delivery charges and any and all other amounts due are to be paid within the mandatory term of ten (10) days after the date on which the Seller sends the order confirmation to the Customer. The Customer expressly accepts that the Seller’s performance of the contract shall start when the price of the Product(s) purchased, the relating delivery charges and any and all other amounts due are credited on its bank account, also because no transaction can be considered concluded until such payment is collected. It is hereby understood that, upon the expiry of said ten-day term, the Seller may refuse to perform the contract and return any payment received after that date; in such case, the contract will be terminated without either of the Parties being under any further obligation.

7.2 Payment may only be made in accordance with the terms and conditions outlined in the relevant section of the Website.

7.3 Customers who pay by credit card will beredirected to a secure server, and their credit card details will be disclosed directly to Adyen N.V., with its registered office in Simon Carmiggelstraat 6-50, 1011 DJ Amsterdam, Netherlands, which processes payments on behalf of the Seller. The data disclosed will be transmitted in secure mode via an encrypted link using SSL (Secure Socket Layer) technology at 128 bit. Not even the Seller is able to access such data.

7.4 Customers who pay by bank transfer to the Seller must quote the “Swift” code and the “IBAN” provided in the order confirmation, as well as the relevant order number.

7.5 Customers may pay the Products by Gift Card, by entering their Gift Card code in the respective field on the virtual shopping basket page.

7.6 If required under applicable laws, the Seller will promptly send the Customer a receipted bill of sale in digital format to the e-mail address provided by the Customer.

7.7 The Payment service provided by Scalapay IP allows the Customer to purchase and pay for Products or services either in a single payment or in deferred payments, depending on the availability of the service. If the Customer chooses to pay by instalments, they will benefit from a credit line equal to the total amount due for the purchase to the Seller, including the purchase price, shipping costs, taxes, and any other amounts applied to the transaction by the Seller or third parties.
To enable the Customer to use the service, Scalapay IP may carry out the necessary checks to confirm the Customer's identity, including requesting an ID document and/or a selfie. This verification is required for Scalapay IP to comply with anti-money laundering and anti-terrorism laws, as well as to prevent fraud.

 

 

8. The seller's warranty, non-compliant products and warranty claims

8.1 The Seller warrants to Customers that the Products will be without faults in their design and materials and consistent with their descriptions published in the Website for a period of two (2) years from the date they are delivered to Customers. No warranty shall apply if a Product has been used or washed improperly and/or inconsistently with the instructions/warnings provided by the Seller contained in the relevant explanatory documents or written on tags or labels. The Seller also guarantees that the product is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a product of the same type.

8.2 The Customers can report any defects and non-conformities by sending an e-mail to the Customer Service department at the following address: customer.care@alvieromartini.it) or by using the dedicated form on the Website. The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Customers. Any concerns regarding the safety of the Products pursuant to European Regulation 988/2023 may be sent to the following address: info@alvieromartini.it.

8.3 Following its receipt of such a claim and the relating documentation, the Seller will examine the faults and/or inconsistencies reported by the Customer and, after carrying out the quality controls required to verify the Product’s effective inconsistency with its description, will decide whether to authorize the return of the Product(s) in question and so inform the Customer by e-mail sent to the address provided by the latter when registering with the Website or when placing the relevant order, providing the Customer with a “Returned Goods Code” if authorization is granted. Under no circumstance will an authorization to return Products constitute an admission of faults or inconsistencies, the existence of which will have to be ascertained after their return. Products whose return is authorized by the Seller are to be returned by the Customer concerned, together with copy of the notice authorizing their return that contains the relevant “Returned Goods Code”, within thirty (30) days of the date of such authorization, to the following address:

Alviero Martini S.p.a c/o 

DHL Supply Chain (Italy) S.p.A.- Fashion

Strada Provinciale 17 Km 7

26852 Casaletto Lodigiano (LO) - ITALY

8.4 In the event of defects or non-conformities, the Customer will be entitled to have the Product restored to conformity by the Seller, through repair or replacement, or alternative remedies in the cases expressly provided for by the Consumer Code.

8.5 If it is not feasible to repair a Product, the Seller undertakes that it will reimburse the price paid to the Customer; where possible, such sum will be returned using the same payment method used by the Customer to purchase the Product or by bank transfer. Customers are required, when claiming against the warranty or by using a contact form, to provide the Seller with the details of their bank account needed for bank transfer purposes so as to enable the Seller to return the amount due.

8.6 If the purchase price has been paid, totally or in part, by Gift Card, the reimbursement procedure shall be regulated by the provisions set forth in point 2bis.5. above.

 

 

9. Liability for damages ensuing from faulty products

9.1 As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply.

 

 

10. Right to cancel-informative notice

10.1 Subject to the provisions of points 2bis.4 and 2bis.5. above, Customers are entitled to withdraw from any transaction concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within fourteen (14) days of the date on which (i) a Product is delivered, or (ii) the last Product is delivered when a number of Products are purchased by means of a single order but delivered separately.

10.2 A Customer wishing to exercise their right to cancel must so notify the Seller before the expiry of the term stated in the foregoing § 10.1 by going to the “Returns” page in the “My Account” section of the Website or, if they are not registered with the Website, by going to the dedicated page and inputting the relevant order number and the e-mail address used to purchase the Products in question.

10.3 A Customer who fulfils the requirements set forth in the foregoing point 10.2 will receive an e-mail confirming his/her exercise of the right to cancel, containing the returned goods form to be sent back in the same parcel as the Product(s) being returned and instructions on how the Product(s) is/are to be returned. Said parcel is to be sent no later than fourteen (14) days thereafter to:

Alviero Martini S.p.a c/o 

DHL Supply Chain (Italy) S.p.A.- Fashion

Strada Provinciale 17 Km 7

26852 Casaletto Lodigiano (LO) - ITALY

10.4 Customers shall be liable for all risks and the costs incurred in connection with the return of Products.

10.5 Customers who cancel a purchase order will be reimbursed the full price of the purchased Product(s), including delivery charges, if the withdrawal concerns all the items covered by the order (with the exclusion of any additional costs due to the Customer having chosen a delivery service other than the less expensive standard delivery proposed) without undue delay and, in any event, no later than fourteen (14) days after the date on which they exercise their right of withdrawal. The relevant amount will be reimbursed using the same method of payment used by the Customer concerned to purchase the Product(s), unless the Customer requests a different method of payment, in which case the Customer shall be liable for any additional costs ensuing from such different method of payment. Reimbursement may be suspended until the Products to be returned are received or the Customer provides proof that the Products have been sent back, whichever occurs first. If the purchase price has been paid, totally or in part, by Gift Gard, the reimbursement will be made in compliance with the provisions of 2bis.5 above.

10.6 Customers are liable for any loss of Product value resulting from a Product being handled in any way other than as necessary to establish its nature, characteristics and working order.

 

 

11. Intellectual property rights

The Customer confirms that he/she has been informed that all trademarks, names, as well as all distinctive marks, appellations, images, photographs, written texts and graphics used in the Website and/or in connection with the Products are and will continue to be owned exclusively by Alviero Martini S.p.A. and/or its successors in title and that no right to same shall ensue to the Customer as a result of visiting the Website and/or purchasing Products.

The Website’s contents cannot be reproduced, whether in full or in part, transferred using digital or traditional equipment, altered or used for any purpose whatsoever without Alviero Martini S.p.A.’s prior written consent.

 

 

12. Customers data and data protection

12.1 The Website requires Customers to provide certain personal data in order to be able to register with it, place orders and thus conclude sales transactions. The Customer acknowledges that the personal data he/she provides will be recorded and used by the Sellerin accordance and compliance with the provisions of Italian law and of European Regulation n. 679/2016, as subsequently amended and supplemented (the Data Protection Code), in order to complete each purchase made through the Website and, with the Customer’s consent, conduct any additional operations as stated in the dedicated Privacy Notice furnished to Customers via the Website when they register with it.

12.2 The Customer represents and warrants that the data he/she supplied to the Seller during the registration process and/or when purchasing Products are valid and correct.

12.3 Customers may update and/or alter the personal data supplied to the Seller by going to the dedicated section of the Website’s “My Account” area, which can be accessed by logging in.

12.4 For whatsoever additional information on how Customers’ personal data are processed and handled, Customers are required to read the Website’s Privacy Policy and Terms of Use. The Customer thus acknowledges that, to all effects and purposes, the Website’s Privacy Policy and Terms of Use also form an integral part of these general terms and conditions of sale and that placing an order implies the admission and confirmation that he/she has read those documents.

12.5 The Customer acknowledges that, if he/she wishes to buy a Gift Card to be given as a present to another person, he/she shall be required to provide the Seller with the personal data of such person, who will be able to view the privacy notice published on the Website pursuant to European Regulation n. 679/2016, as amended and supplemented.

 

 

12BIS. Third party's data collected to send a gift card

The personal data of a third party (name and e-mail address) designated during the purchasing process as the recipient of a Gift Card given as a present will be processed exclusively for the purpose of sending the Gift Card to the third party by e-mail.

 

 

13. Governing law, attempt at amicable settlement and jurisdiction

13.1 Each transaction concluded by and between the Seller and Customers pursuant to these general terms and conditions of sale will be regulated and construed in compliance with Italian law, and in particular with Legislative Decree no. 206 of 6 September 2005 (the Consumer Code), making specific reference to the legislation on distance contracts (remote sales), and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any event, any rights granted to Customers under mandatory provisions of the laws in force in their own country shall not be affected.

13.2 Any dispute relating to the interpretation and/or performance and/or termination of these Conditions of Sale shall be submitted to the jurisdiction of the competent court in the Customer’s place of residence or domicile.
For EU countries only: in the event of disputes arising from these Conditions of Sale, Customers are informed that the European Commission provides a platform for the out-of-court resolution of disputes, available at: http://ec.europa.eu/odr.