These General Conditions of sale, according to the legislation in force regarding electronic commerce and distance contracts, govern the supply and purchase of products - and the additional services of transport and delivery - on the website www.madeamilano.com
Company name and data:
Madea Milano srl Via Monte Napoleone, 8 20121 – Milano (ITALY)
VAT number 10112750962
The Customer declares to have read all the general conditions of sale and the additional information before placing an order.
These general conditions govern the sale of all products marketed by Madea Milano S.r.l. (the "Products"). All contracts for the sale of Products by Madea Milano srl to third parties (the "Clients") are governed by these General Conditions of Sale, that are an integral and substantial part of every proposal, purchase order and order confirmation for the Products themselves. The applicable Conditions of Sales to the orders are the ones enforced at the time of placing the order.
1.1 Unless otherwise specified, the prices of the products published on the Madea Milano srl website are in Euro and include VAT. Shipping costs are excluded, except for the orders exceeding the value threshold stated on the website.
Shipments outside the EU (extra EU) don't include custom duties, if any, which shall be paid by the consignee and will be claimed by the carrier at the time of delivery.
The price guaranteed to the purchaser is the price published on the website at the time of placing the order. The purchase price at the time of placing the order is binding.
Any price update as published by Madea Milano srl on the website, voids and replaces the previous prices, and is subject to Product availability.
The Product images are representative and non-binding. The Products cannot be supplied for testing. Although Madea Milano srl staff can provide information on the Products features, the Client is responsible for choosing the Products and for the suitability of their specifications, as stated by the manufacturer, to their needs.
Every Purchase Order sent to Madea Milano srl represents a contract proposal by the Client. The processing of the order by Madea Milano srl represents the confirmation and acceptance of it.
All fiscal documents related to the purchased Products will be issued by Madea Milano srl at the time of shipment of the Products to the Client.
The Client shall communicate their exact data for invoicing, and the invoice mailing address.
The order will be fulfilled as per the terms on the website.
Once the order has been confirmed, it can be voided within 24 hours, after which the client is under obligation of payment. In conformity to the enforced law, the client has the right to return the goods within 14 days, by following the Return Policy as explained in paragraph 9.
Should the order not be fulfilled by Madea Milano srl, due to the unavailability of the purchased Products, Madea Milano srl will promptly inform the Client of the foreseen delivery time according to the next supply of the unavailable Product. Should the Client not be willing to wait until the expected delivery date, in any case no longer than 30 working days, Madea Milano srl will refund all paid amounts, if any, for the unfulfilled items. In the event of breakage, selling out or unavailability of the purchased Product, Madea Milano srl shall promptly inform the Client and advise a new availability date. The Client shall communicate, via e-mail, their decision to either wait for the Product availability, or ask for a full refund.
The contract will be closed at the time of the order confirmation by Madea Milano srl. The Client will receive, via e-mail, a receipt containing all the constituent data of the contract (ordered products, prices, delivery dates, shipment expenses, etc.). Madea Milano srl has the right to not confirm an order for any reason related, in particular, to issues with the received order, mistakes in the prices shown on the product data sheet on the website, or Product availability. In this and similar cases, Madea Milano srl shall inform the Client, who will decide whether to confirm the order, or to cancel it and ask for a full refund of the paid amount.
The Products are delivered to the address the Client has indicated.
The payment shall be made by credit card and/or PayPal and/or SEPA credit transfer. All shipments will follow the confirmation of transaction by the circuit.
For all shipments, we entrust qualified express couriers such as, for instance, GLS, Bartolini, SDA, UPS, DHL or other Couriers that are specialized in the delivery of furniture, in order to guarantee the quality of the service and the intactness of the Product.
Delivery takes usually 3-7 working days to Italy and 5-12 working days to the other EU Countries, only for in-stock products. As for extra-EU delivery, timing will be advised by further communication. All shipment times are expressed in working days. The Client will be able to track the delivery of their purchased Products through the tracking number provided by the courier. The delivery date of an order containing items with different shipment times is that of the item with the farthest delivery date. Any delivery delay under 30 (thirty) days does not entitle the Client to reject the Products, nor to ask for any refund or compensation. If necessary, Madea Milano srl has the right to deliver the Products (even within the same order) at different times. The delivery is considered as fulfilled when the Product is handed over to the Client. The delivery document issued by the carrier, bearing the date and the Client's signature, represents a proof of shipment and delivery of the goods.
All deliveries are intended as street level deliveries.
No collection of old goods is provided.
Special conditions and terms of delivery must be previously agreed upon between the Client and Madea Milano srl, and accepted in writing by Madea Milano srl.
Madea Milano srl does not offer any assembly service unless previously agreed upon in writing.
The majority of the articles is dispatched as pre-assembled: in the majority of the cases, assembly is pretty simple and consists in putting together defined parts.
At the time of delivery, the Client shall check the content, conformity and conditions of the purchased Product(s). Moreover, Madea Milano srl advises all Clients to check the conditions of the delivered products before signing the receipt, and to verify, in particular, the following:
- the number of delivered parcels must correspond to the number declared on the transportation document;
- the package must be intact, undamaged, dry and not altered in any way; the Client shall also check the intactness of the content.
Should the Client notice any anomaly, they shall reject the products or write their reservations in a detailed and dated document. Should the courier document be signed without "reservations", the Client won't be entitled to any objection to the exterior features of the dispatched goods. Any issue about the physical intactness, correspondence or completeness of the received Products must be notified within 3 (three) days from receiving the goods.
Madea Milano srl holds the right, in its sole discretion, to deliver the goods by means of a courier of its choice.
Should the Client be absent at the time of delivery, the courier will leave a notification at the address indicated by the Client. The Products shall be collected at the address and according to the indications of the carrier.
Should de goods not be collected within the terms indicated by the carrier, the Products will be returned to Madea Milano srl, which reserves the right to refund the cost of the Products, leaving the delivery costs at the Client's expenses.
In case of any mistake regarding the Products, the Client shall return the Product(s) to Madea Milano srl within 7 (seven) days from receiving the order, in their closed package, in their original conditions and packaging and with their related documents. Once Madea Milano srl will have received the Products in a correct form and manner, it will forward, at its own expenses, the actually purchased Product.
Beside what are normally considered as cases of force majeure by law, we also include the following:
- total or partial strikes, within or without the Company, transportation service or supply block due to any reason, governmental or legal restrictions, data processing malfunction, telecommunication block including all nets and in particular the internet. In cases of force majeure the order processing will be initially and rightfully suspended. If, after 3 (three) months, the parties can ascertain the persistence of the force majeure conditions, the order will be automatically voided, unless otherwise agreed between both parties.
Madea Milano srl guarantees the sole material intactness of the Products at the time of delivery (hereafter, "Madea Milano srl Guarantee”).
8.1 Any fault covered by the Madea Milano srl Guarantee shall be notified by the Client within 10 (ten) days from receiving the order. Shall the Client fail to do so, their rights will forfeit. In case of application of the Madea Milano srl Guarantee, the Client will be solely entitled to the replacement of the damaged Products upon their return. The Client's right to compensation for any damage, included further ones, is excluded. All shipment costs for Product replacement are at Madea Milano srl's expenses.
8.2 Technical assistance and any service on the Products within the terms of guarantee will be carried out, where provided for, according to the terms and manner indicated on the Products documentation. In particular, Madea Milano srl does not guarantee the compatibility of their Products with other Products or devices in use by the Client, nor guarantees the suitability of the Products for any specific use as conceived by the Client. 8.3 Fraud or severe fault by Madea Milano srl excepted, it is now agreed that, should any responsibility of Madea Milano srl towards the Client be ascertained - including total or partial breach of the obligations of Madea Milano srl towards the Client within the processing of an order - Madea Milano srl's responsibility can never exceed the price of the disputed Products as purchased by the Client.
9.1 As per article 5 leg. decree of the 22 May 1999 n. 185, the Client (if qualifiable as "consumer" as per art. 1, par. b) of the leg. decree 22 May 1999 n. 185) is entitled to withdraw from the contract entered in to and to return the Products, without penalty or need to specify their reasons, within 14 (fourteen) days from the date of receiving the Products.
9.2 The right of withdrawal as per paragraph 9.1 can be clamed by the Client, without giving any reason, within 14 days. The right of withdrawal fails after 14 days from the day the Client, or a third party appointed by the Client that is not the carrier, comes into physical possession of the goods.
In order to exercise the right of withdrawal, the Client shall notify via email their decision to rescind this contract with an explicit declaration, within 14 days from receiving the order. To that end, it is possible to use the online withdrawal module under "Returns" on the website.
To meet the withdrawal terms, the Client needs to communicate their decision to exercise the right of withdrawal before the withdrawal period has expired.
9.3 Effects of withdrawal By rescinding the contract, the Client will have their payment to Madea Milano srl refunded, except for the costs of delivery, within 14 days from returning the purchased good(s).
9.4 The returned goods shall be sent or delivered to Madea Milano Srl without delay and in any case within 14 days from the Client's notification of withdrawal from the contract. The term will be considered as respected providing that the goods are sent before the 14 days timeframe has expired. As soon as it is notified of the withdrawal by the Client, Madea Milano srl will timely advise the address for the forwarding of the goods to be returned. All shipment and return costs will be at the Client's expenses.
9.5 The Client is solely responsible for the decrease in value of the goods if derived from handling them in a different way than is necessary to establish their nature, characteristics and functioning. The returned goods must be suitable for re-selling.
9.6 The right of withdrawal as per the previous paragraph 9.1 cannot be exercised by the Client if the purchased Products have been manufactured according to the Client's specific requests, are customized or can decay or spoil quickly.
9.7 Madea Milano srl advises its Clients to: - check the conditions of the delivered Products before signing the delivery receipt. In particular, check if the number of delivered parcels corresponds to the number declared on the transportation document attached to the shipment. - check if the package is intact, undamaged, dry and not altered in any way - check the intactness of the content. Shall the Client notice any irregularity, they can reject the parcel. In this case, they shall also undersign their rejection.
Payments are due at the time of placing the order.
The Client can pay their order (including the shipment costs):
- by credit or debt card, within the terms and conditions on the website. The Client guarantees Madea Milano srl that they are authorized to make card payments at the time of placing the order.
- by a PayPal account. The Client guarantees Madea Milano srl that they are authorized to make PayPal payments at the time of placing the order.
- by SEPA credit transfer. Madea Milano srl will proceed to the forwarding of the purchased Product(s) after verifying the Client's payment.
The ordered Products remain property of Madea Milano srl until final and full payment of the amount due (as per Art. 1523 and followings of the code of civil procedures). Madea Milano srl reserves the right to claim the ordered products in case of failure to pay. In this case and upon request by Madea Milano srl, the Client is bound to return any unpaid Product, at their own expenses.
Any complaint about the non-compliance of the delivered Product(s) shall be submitted in writing directly to Madea Milano srl immediately after receiving the goods, at the address firstname.lastname@example.org
The Client must keep the original packaging and the documents of delivery.
All information, including the email addresses of the website's users, is digitally processed according to the enforced law. The personal information requested to the Client is crucial to the processing and forwarding of the orders, invoicing and contracts of guarantee. The Client can refuse to communicate their data and, according to the law, can enforce their right to access, edit and delete their personal information by contacting Madea Milano srl, Via Monte Napoleone, 8 - MILANO. In order to prevent any fraudulent attempt, Madea Milano srl may ask for a proof of identity and/or address.
The "validation click" constitutes an electronic signature. Between the parties, this electronic signature has the same value as a handwritten signature.
Madea Milano srl owns the intellectual property rights for the Website and for the right of diffusion of the items included in the online shop catalogue. Therefore the reproduction, in whole or in part, on any kind of support, of the constitutive elements of the Website and catalogue, their use as well as their transfer to third parties are explicitly forbidden.
Shall one or more dispositions of these general conditions be considered void or so be declared following to the application of a law, norm, or final decision made by a competent jurisdiction, all other dispositions will keep their effectiveness.
In case of dispute and if no amicable agreement can be reached between the parties, without prejudice to the application of any inviolable provision for customer protection (as defined by art. 1 par. b) of the leg. decree 22 may 1999 n. 185 and subsequent amendments), any controversy related to these general Conditions will be deferred to the exclusive jurisdiction of the Court of Milan. According to the articles 1341 and 1342 of the Italian Civil Code, the Client declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of sale: 1 - 2 - 3 - 4 - 5 - 5.1 - 5.2 - 6 - 7 - 8 - 8.1 - 8.2 - 8.3 - 9 - 9.1 - 9.2 - 9.3 - 9.4 - 9.5 - 9.6 - 9.7 - 10 - 11 - 12 - 13 - 14 - 15 - 16 - 17.