TERMS AND CONDITIONS OF SALE

Date of publication on the website and entry into force 1/1/2021

1. Purpose

1.1. These general terms and conditions of sale apply to the purchase of products of the "Marina Galanti" brand (hereinafter "Products") made through the e-commerce website www.marinagalanti.it (hereinafter the "Website") by users who qualify as "Consumers" according to the following article.

1.2. The Website, is owned by Elle Group S.r.l. with registered office in Via del Cantone 31-35 - 50019 Sesto Fiorentino (FI) (hereinafter the "Ellegroup"), is managed by Elle Group S.r.l.

1.3. Purchases of Products made through the Website will have as parties, Elle Group, as the Seller (hereinafter the "Seller"), and the subject making the purchase of one or more Products for purposes not referable to their entrepreneurial, commercial, artisanal or professional activity, as purchaser (hereinafter the "Consumer"), (the Seller and the Consumer will hereinafter be collectively referred to as the "Parties").

1.4. Elle Group is the owner of the rights to the domain name of the Website, logos and trademarks, relative to the products presented on the Website, as well as the copyright over the contents of the Website.

1.5. Any Consumer communication connected and/or related to the purchase of the Products - including any notifications, complaints or requests concerning the purchase and/or the delivery of Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Website and to the e-mail address servizioclienti@marinagalanti.com. .

1.6. Every purchase is regulated by the General Terms and Conditions of Sale in the version published on the Website when the Consumer places the order.

1.7. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Under no circumstances may retailers, wholesalers or, in general, all those who intend to purchase the Products for the purpose of subsequent resale make purchases on the Website. Persons who are not Consumers are invited not to execute purchase orders. If one or more sales are made to a person not qualifying as a Consumer, these general terms and conditions of sale shall apply but, as an exception to the provisions thereof:

1. a) the buyer will not have the right of withdrawal referred to in Article 10;
2. b) the buyer shall not benefit from the guarantee on the Products referred to in article 8;
3. c) the buyer will not be entitled to any other protections, provided here in favour of the Consumer, that reflect or are in accordance with the mandatory legal provisions;
4. d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
5. e) The Seller reserves the right to take all necessary actions to stop irregularities, including suspension of access to the Website, cancellation of registration or non-acceptance or cancellation of orders.

1.8. At the same time as the sending the purchase order, the Consumer agrees that the confirmation of the information regarding the order and these general terms and conditions of sale are sent via email to the address declared when registering on the Website or during the purchase process.

1.9. In order to be able to make purchases via the Website, the Consumer must be of legal age (18 years) and be legally responsible for their actions, which the Consumer declares to be the case.

1.10. The Consumer is solely liable for any costs for the Internet connection to the Website, including telephone, in accordance with the tariffs applied by the operator selected by the Consumer.

2. Products characteristics and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Website and in accordance with the general terms and conditions of sale published on the Website at the time of receipt of the order by the Consumer, with the exclusion of any other terms or conditions. The essential characteristics of the Products are presented on the Website within each product sheet. The images and colours of the products offered for sale on the Website may change and/or not exactly correspond to the real products due to the internet browser and the monitor used.

2.2. The Seller reserves the right to amend these general terms and conditions of sale at any time at its discretion, without the need to provide Website users with any notice. Any changes will be effective from the date of publication on the Website and will only apply to sales made from that date.

2.3. The prices of the Products for sale on the Website and/or their characteristics are subject to change without notice. These changes only apply to orders not yet confirmed at the date of the said change. In each case, before sending the purchase order pursuant to paragraph 3, the Consumer is asked to check the final sales price.

2.4 Users from all over the world can access the Website and the Website may contain references to Products that are not available or cannot be purchased in the country of the Website visitor.

2.5 Products available on the Website can only be bought by users who request their delivery in one of the State which are indicated on the Website.

3. How to purchase the Products - Completion of any single purchase contract

3.1. The presentation of the Products on the Website, not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent to the Seller by the Consumer via the Website has the value of a contractual proposal and is governed by these general terms and conditions of sale, which constitute an integral part of the order and that the Consumer is obliged to accept fully and without reservation by sending the order to the Seller. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to read these general terms and conditions of sale and the information notice on the right of withdrawal carefully, print a copy of it using the print command and save it or make a copy of it for their personal use. The Consumer will also be asked to identify and correct any errors when entering their information.

3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer an order confirmation email to the email address provided by them to the Seller when registering on the Website or by sending the order if the Consumer is not registered with the Website, which will indicate the link to the text of these General Terms and Conditions of Sale, the order summary, inclusive of the detailed indication of the price, the shipping costs and taxes applicable and a description of the characteristics of the Product ordered. The Consumer's order, the Seller’s order confirmation and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically archived by the Seller in their computer systems and the Consumer may request a copy by sending the Seller a communication via email to the address servizioclienti@marinagalanti.com

3.4 Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by email.

4. Procedure for selecting and purchasing Products

4.1. The Products presented on the Website in the e-commerce section may be purchased by selecting the Consumer’s Products of interest and entering them in the appropriate virtual shopping basket. After selecting the Products, to purchase the Products in the basket, the Consumer will be invited to (i) register with the Website, by providing the required data, or (ii) log in, if the Consumer has already registered or (iii) provide information in order to complete the order and enable the contract to be completed. If the data indicated in the order are different from those provided when registering on the Website, the Consumer will be prompted to confirm their information (by way of an example but not limited to: first name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase. The Consumer will see a summary of the order to be executed, of which they can modify the contents: then the Consumer will be asked to confirm their order by pressing the appropriate button, which will then be definitively sent to the Seller and will produce the effects described in the previous para. 3.2. of this contract, the said confirmation will also be valid as confirmation of reading and approval of these general terms and conditions of sale. The Consumer will also be asked to choose the timescales for shipping and the payment method from those available. If the Consumer selects the immediate payment method (at the time of the purchase) by credit card, PayPal, or immediate bank transfer they must provide the relevant information over a secure connection. For accounting and administrative requirements, the Seller reserves the right to check the details indicated by the Consumer. If payment is made by credit card, the purchase amount will only be charged when the Seller sends the Consumer the order confirmation.

4.2 The consumer residing in a country of the European Union who wishes to receive the invoice relative to their purchase must write within 24 hours of receipt of the order confirmation to the address servizioclienti@marinagalanti.com requesting the issuance of the document, reporting the data relating to their purchase order (number, date and amount) and their tax code. The information provided by the Consumer when placing an order shall be used as the basis for issuing the invoice. No change to the invoice will be possible after the invoice has been issued. When ordering, it is necessary to indicate if the shipping address is different from the billing address.

4.3. If during the procedure for selecting Products on the Website referred to in paragraph 4.1 above, the Consumer notices that the price of one or more of the Products that they intend to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem that occurred on the Website, please do not complete your purchase order and report the aforementioned technical error to the Customer Service of the Seller, by sending an e-mail to servizioclienti@marinagalanti.com .

4.4. In cases where the Consumer has completed their purchase order and the order includes a Product whose price is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem that occurred on the Website:

(a) if the Consumer has not yet received the Product, the Seller shall (i) cancel the order, the delivery of which shall not therefore be carried out, and at the same time send a communication in this regard by e-mail, to the e-mail address indicated by the Consumer during the transmission of the order and (ii) refund to the Consumer the payments made by the same in relation to the cancelled order, including the costs of delivery, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction;

(b) if the Consumer has received the Product, the Seller shall promptly inform the Consumer by e-mail of the error that has occurred in the process of completing their order, offering the same, alternatively, to (i) pay to the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Website, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel their order, following the instructions contained in the same communication and returning the Product to the Seller, at the Seller's expense, no later than the next 14 (fourteen) days, sending it to Elle Group S.r.l. Via del Cantone 31-35 - 50019 Sesto Fiorentino (FI) - Italy, undamaged, complete with all its elements and accessories (including labels and tags unchanged and attached to the product), accompanied by the instructions/ notes/manuals attached, the original wrapping and packaging and the warranty certificate and accompanied by the return form, properly completed, which will be attached to the e-mail sent by the Seller.

In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller shall arrange to reimburse the Consumer for payments made by the same in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.

4.5. Where applicable, the promotional codes offered on the Website are only valid for the Products and during the period of time indicated from time to time. Promotional codes are non-refundable or are not cumulative. In order to take advantage of the discounts and/or offers linked to the promotional codes, the Consumer who is in possession of them must enter the promotional code in the space provided on the Website at the time of confirmation of an order. It is understood that an order cannot be cancelled or renewed to allow the use of a promotional code not previously entered by the Consumer at the time of confirmation of the order.

5. Delivery of goods and acceptance

5.1. The Website indicates the availability of the Products and their delivery times, however, this information should be considered purely approximate and not binding for the Seller.

Orders are subject to minimum or maximum quantity limitations, and products are offered within the limits of stock availability.

5.2. The Seller undertakes to do everything it can to comply with the delivery times indicated on the Site and in any case to deliver within a maximum period of 30 (thirty) days from the day following that on which the Consumer sent the order. In the event of the non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will notify the Consumer in writing and will arrange the refund of any sums already paid by the Consumer as payment for the Product pursuant to article 7 below.

5.3. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of the payment by the Seller.

5.4. The Products ordered by the Consumer will be shipped in the manner indicated on the Website at the time the order is sent. The Consumer undertakes to check promptly, and within 8 (eight) days from receipt of the Product, that delivery includes all and only the products purchased and will promptly inform the Seller of any defect with respect to the Products received or differences with respect to the order, according to the procedure referred to in art. 8 of these general terms and conditions of sale; otherwise, the Products shall be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrive at the destination clearly damaged, the Consumer may refuse the delivery by the carrier/freight forwarder or accept the delivery "with reservations".

5.5 After the expiry of the time limit referred to in para. 5.4 without the Consumer having made any objections within the terms and in the manner specified above, the Products delivered shall be deemed to have been conclusively accepted by the Consumer, without prejudice to the provisions of Articles 8 and 10 below.

6. Prices, shipping costs and taxes

6.1. The price of the Products is the one indicated on the Website at the time the Consumer submitted  the order. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include shipping costs, which are calculated before order confirmation is sent to the Consumer by the Seller and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Website.

6.2 Depending on the country in which the Products are to be delivered, the related shipping costs, which the Consumer undertakes to pay in addition to the price of the Products ordered, will be displayed on the Website during the order creation process.

6.3. The Consumer will pay the Seller the total price, as indicated in the order and order confirmation sent by email to the Consumer by the Seller.

6.4. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order is repeated in the order confirmation, including local taxes and duties. Prices and shipping costs are indicated before sending the order.

6.5. The Consumer shall be solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered on the basis of these general terms and conditions of sale.

6.6. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in the previous paragraphs 6.4. and 6.5., at the time of sending an order to the Seller, may not constitute a cause for termination of this contract and that they may not in any way charge the Seller the aforementioned charges.

7. Payments

7.1. The payment of the price of the Products purchased through the Website must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation by the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller will start when the price of the Product(s) bought are credited to the Seller’s current account.

7.2. Payment can be made by credit card or PayPal or under the conditions described below. The Seller may allow additional payment methods, by indicating them in the Payments section of the Site.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Adyen N.V., a company registered with the Dutch chamber of commerce under number 34259528 with registered office at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands, the operator that handles payments on behalf of the Seller. The data transmitted will be sent in protected mode. This data is not even accessible to the Seller.

7.4 If the payment is made through PayPal, the choice of this method of payment involves the redirection of the consumer to the www.paypal.com website where they can proceed with the payment by following the instructions indicated therein. The Customer's data entered on the PayPal website will be processed directly by PayPal without concerning the Seller, which remains extraneous to the procedure. The Seller may not be held liable for any delays and/or omissions relating to the payment procedure through this website.

7.5. If payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes listed in the order confirmation, as well as the order number.

7.6 The Seller shall promptly transmit to the Consumer, where provided for by the applicable law, in electronic format, by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in Italy, or attached in paper format to the Products purchased, in all other cases.

8. Seller’s legal guarantee of conformity, indication of conformity defects and activated warranties

8.1. Pursuant to and for the effects of European Directive 44/99/EC and of Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free of defects as well as complying with the descriptions published on the Website. All products, other than food, sold on the Website are covered by the manufacturer's conventional warranty and by the warranty of 24-months from delivery for defects of conformity under the above mentioned legislation.

8.2. Under penalty of forfeiture of this warranty, the Consumer is responsible for reporting any non-conformities within and no later than 2 (two) months from discovery, by sending to the Customer Service at the Seller's Customer Service address, by e-mail to servizioclienti@marinagalanti.com, the appropriate form correctly filled in, indicating the non-conformities found, as well as the relative documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the confirmation of the order sent by the Seller and/or the tax receipt).

8.3. Following receipt of the form and the documentation, the Seller will assess the non-conformities reported by the Consumer via the Customer Services Department and, after having carried out quality controls designed to verify the actual non-conformity of the Product, decide whether to authorise the return of Products by providing the Customer with a reply, containing the "Return code", via email to the address provided by the Consumer when registering on the Site or when placing the order. The authorisation to return the Products will in no way recognise non-conformities, the existence of which must be ascertained subsequently to the return. The Products for which the Seller has authorised the refund will be returned by the Consumer, together with a copy of the return authorisation notice indicating the "Return code", within 30 (thirty) days from the report of the non-conformity to the following address:  Elle Group S.r.l. Via del Cantone 31-35 - 50019 Sesto Fiorentino (FI) - Italy

8.4. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. The Consumer will be responsible for notifying the Seller of their bank details for the bank transfer and ensuring that the Seller is able to repay the sum due, again by email to the address marinagalanti@Elle Groupsolutions.com.

9. Liability for damage from faulty Products

9.1. Any damage caused by faults to the Products is subject to the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code). The Seller, in its capacity, is released from any liability, without exception and/or exclusion, indicating, at the request of the Consumer who has suffered the damage, the identity and domicile of the relative producer of the product.

10. Right of withdrawal

10.1. With the exception of the exceptions set out in article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded under these general terms and conditions of sale, without having to provide any reason and without penalty, within 14 (fourteen) days from when (i) the product was delivered or (ii) the last product was delivered in the case of the purchase of multiple products delivered separately with a single order.

10.2. To exercise the right of withdrawal, the Consumer must inform Elle Group, before the expiry of the period referred to in paragraph 10.1 above, of their decision by sending an explicit statement to Elle Group via the contact form or tot he e-mail address servizioclienti@marinagalanti.com, of its decision to withdraw using the type of withdrawal attached.

10.3. Following the provisions of paragraph 10.2 above, the Consumer will receive an email confirming exercise of the withdrawal, containing, if the product ordered has already been received the meantime, the return form to be included in the package, and instructions for proceeding to return the product, to be sent no later than the next 14 days to Elle Group at: Elle Group S.r.l. Via del Cantone 31-35 - 50019 Sesto Fiorentino (FI) – Italy.

10.4. If the Consumer has received the product, they are bound to return it to Elle Group without undue delay and in any case within 14 days from the day on which they notified the withdrawal. The deadline is met if the Consumer returns the goods back before the end of the 14-day period. The risks and direct costs of returning the goods will be borne by the Consumer. If the Consumer exercises the withdrawal through the Website, before confirming the withdrawal request, the cost for the return of the goods will be indicated to them, should they wish to use the return service offered by the Website.

10.5. In the event of withdrawal, the Consumer will be refunded the payments that they have made, including delivery costs (except any additional costs arising from any delivery method selected other than the least expensive standard delivery offered), without undue delay and in any case, no later than 14 days from when the withdrawal is exercised. The said refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer asks for a refund to a different means of payment, in this case the Consumer will be charged any additional costs arising from the different means of payment. The refund may be suspended until receipt of the goods or until proof has been provided by the Consumer of having returned the goods, whichever occurs first. Any costs for duties or additional fees for returning the Product to the Seller shall in any case be borne by the Consumer.

10.6. The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to determine the nature, characteristics and operation of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratching, scuff marks, deformation, etc.), not complete with all their elements and accessories (packaging materials, boxes, documentation and/or other objects contained in the original packaging), not accompanied by the instructions/notes/manuals attached, the original wrapping and packaging and the warranty certificate, if any, the Consumer will be liable for the financial loss of the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is advised not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport even from writing or labels.

10.7. The Seller shall take delivery of the Products returned, reserving the right to check that they have been returned under the conditions described in para. 10.6 above.

11. Intellectual property rights

11.1. The Consumer declares being informed that all trademarks, names, as well as any distinctive sign, name, image, photo, written text or graphic used on the Website or on the Products are and shall remain the exclusive property of Elle Group S.r.l and/or its successors in title, without access to the Website and/or the purchase of Products granting the Consumer any right thereto.

11.2. The content of the Website may not be fully or partially reproduced, transferred by electronic or conventional means, amended, or used for any purpose without the prior written consent of Elle Group S.r.l.

12. Consumer data and privacy protection

12.1. In order to proceed with the registration, when placing the order and then when concluding this contract, the Consumer will be asked to provide some personal data via the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and Elle Group S.r.l. in accordance with and in compliance with European Regulation 2016/679 on the protection of personal data ("GDPR"), to execute each purchase made through the Website and, with their consent, for any further activities as indicated in the privacy policy provided to the Consumer through the Website at the time of registration.

12.2. The Consumer represents and warrants that the information supplied to the Seller during the registration and purchase process is correct and truthful.

12.3. The Consumer may update and/or edit the personal information provided to the Seller at any time via the appropriate "My Account" section of the Site, accessible after logging in.

12.4 For any further information on how to process the Consumer's personal data, please go to the Privacy Policy section and carefully read the General Terms and Conditions of Use.

13. Security

13.1. Although the Seller uses measures to protect personal information against loss, falsification, manipulation and misuse by third parties, due to the technical characteristics and limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Website, even after the Consumer has logged in, are not accessible or visible by unauthorised third parties.

13.2.  The Seller, in relation to the information relating to credit card payments uses the services of the company Ayden N.V., adopting technological systems designed to ensure the highest levels of reliability, security, and confidentiality when sending information online.

14. Major force

14.1 The Seller shall not be liable in the event of total or partial non-fulfilment of its obligations under any contract concluded pursuant to these general terms and conditions of sale, if such non-fulfilment is caused by unforeseeable events and/or natural events beyond its reasonable control, including, but not limited to, possible natural catastrophes, acts of terrorism, war, popular uprisings, lack of electricity, general strike by public and/or private workers, strike and/or restrictions in terms of the viability of couriers and air connections.

15. Applicable law, conciliation attempt and jurisdiction

15.1. Any sales contract concluded between the Seller and the Consumers pursuant to these general terms and conditions of sale will be governed by and interpreted in accordance with Italian laws and in particular the Consumer Code (Legislative Decree of 6 September 2005 no. 206), with specific reference to the legislation on distance contracts and to Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce. In any case, they will be subject to any rights granted to Consumers by mandatory legislation in force in the State where these latter are located.

15.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in an attempt at an amicable conciliation that each Consumer may bring before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way on the Internet. For more information on the regulations of RisolviOnline or to send a request for conciliation go to www.risolvionline.com.

15.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution Platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations arising from sales contracts or online services between a consumer residing in the European Union and a professional established in the European Union through the intervention of an ADR (alternative dispute resolution) entity that has been affiliated with it, which can be selected from a special list available there. For more information about the European ODR Platform, or to initiate an alternative resolution procedure for a dispute related to this contract through the European ODR Platform, please access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated on the European ODR Platform is as follows: servizioclienti@marinagalanti.com.

15.4. Wherever an attempt at conciliation referred to in paragraphs 15.2 or 15.3 above is not made, or where such attempt should have a negative outcome, the dispute shall be referred exclusively to the Court of Florence, except in cases where this provision does not apply because of mandatory statutory provisions in force in the Consumer’s country of residence.