General conditions of sale
MAXG PARRUCCHIERI di Catalano Massimo & C. SNC, with registered offices at Via Riccardo Pitteri 2, 33081 Aviano (PN), recorded on the Pordenone Companies Register at no. 01658590938, hereinafter referred to as MAXG, is the owner of the website www.maxgparrucchieri.com, hereinafter referred to as MAXG-Shop.
Acceptance of the general conditions of sale
1. The contract signed between MAXG and the Customer is only completed on acceptance of the order, in whole or in part, by MAXG. Acceptance is deemed to be automatic, unless the Customer is informed otherwise using any means. By placing an order using the various possible methods, the Customer confirms that all the information provided during the purchasing procedure has been read and that the general conditions of sale and payment, transcribed below, are accepted in full.
2. If the Customer is a consumer (being a real person who does not purchase the goods for the purposes of a professional activity), on completing the on-line purchasing procedure the Customer will print, or save an electronic copy or, in any case, retain these general conditions of sale in compliance with arts. 3 and 4 of Decree no. 185/1999 on distance sales.
3. The Customer is not entitled to reimbursement or compensation for any direct or indirect losses or damage caused to persons and/or possessions due to the refusal of an order, in whole or in part, and all contractual or extra-contractual responsibility in this regard is excluded.
Methods of purchasing
4. The Customer may only purchase products included in the electronic catalogue of MAXG-Shop at the time of submitting the order, which are available for viewing on the website and described in the related information sheets. It is understood that the picture accompanying the description of a product may not be a perfect representation of its characteristics, which may differ in terms of colour, size and the accessories seen in the image. All information materials supporting the purchase (Glossary, Purchasing Guide etc.) are understood to provide mere generic information unrelated to the real characteristics of any specific product.
5. The proper receipt of the order is confirmed by MAXG via an e-mail reply sent to the e-mail address provided by the Customer. This message of confirmation will include the Date and Time of the order and a 'Customer Order Number' to be quoted in any further communications with MAXG-Shop. The message repeats all the data input by the Customer, which agrees to check its accuracy and communicate any corrections on a timely basis, in the manner described in this document.
6. If the order is refused, MAXG guarantees that the Customer will be informed on a timely basis.
Methods of payment
7. Credit card Credit card payments are made via the PayPal circuit, using the cards accepted by that circuit, on the conditions set out in point 8.
8. Purchases via Paypal In the case of payments made using the PayPal circuit, PayPal will arrange to charge the amount for the purchase immediately on completion of the on-line transaction.
8.1 If the order is cancelled, whether by the Customer or because it is refused by MAXG, the amount relating to the cancelled goods will be credited back to the Paypal account or to the credit card, depending on the method of payment selected, immediately upon cancellation. The time taken for the credited amount to become available is dependent solely on Paypal and the banking system. Once the amount has been credited back, MAXG shall not, under any circumstances, be held responsible for any direct or indirect losses caused by delays in the credited amount being made available by Paypal or the banking system.
8.2 MAXG reserves the right to request additional information from the Customer (e.g. home telephone number) in order to verify ownership of the Paypal account or credit card used. In the absence of the documentation requested, MAXG reserves the right to refuse the order.
8.3 At no time during the purchasing process does MAXG obtain the credit card details of the purchaser, or information about any other payment methods selected within the Paypal wallet. Accordingly, MAXG shall not, under any circumstances, be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for products purchased from MAXG-Shop.
8.4 The latest payment conditions and regulations are available from the website www.paypal.com.
9. COD Payment by COD (cash on delivery) is available throughout Italy up to a maximum amount of €250.00. The supplementary charge indicated clearly upon selecting this method of payment will be added to the total amount of the order. Payment must be made solely in one of the following ways:
- ▪in cash;
- ▪by BANKERS' DRAFT made out to MAXG;
- ▪by BANK CHEQUE made out to MAXG.
10. Advance Bank Transfer In the case of payment by Advance Bank Transfer, the goods ordered will be sent after the amount due has been credited to the current account of MAXG, which must take place within 7 working days of acceptance of the order. If this deadline is exceeded, MAXG reserves the right to cancel the order.
The description on the bank transfer must state:
- ▪the customer order number;
- ▪the order date;
- ▪the company name or the name and surname of the person placing the order.
11. Instalment payments
The instalment payment option is not available at this time.
Delivery method and expenses
12. MAXG-Shop makes deliveries using the method selected at the time of ordering, unless this not possible for the appointed courier. If the courier makes an extra charge for deliveries to the address indicated at the time of the order (e.g. the smaller islands, locations that are difficult to reach etc.), the Customer will be contacted before the goods are sent in order to agree the payment of an additional contribution towards the shipping expenses (as specified on the "Shipping & Delivery" page of the website).
13. For all orders placed with MAXG-Shop, MAXG will issue the purchase document or the invoice pursuant to Decree no. 52/2004 (to be requested in advance) and include it in the package containing the goods, unless requested otherwise. Documents are issued with reference to the information supplied by the Customer at the time of the order. No changes are possible after documents have been issued.
14. Delivery expenses are borne by MAXG-Shop, except for the Contribution to Transport Expenses that is specifically mentioned when the order is placed. The Customer pays for the goods using the method chosen at the time of placing the order. The Customer is not liable to pay any more than the total of the order.
15. MAXG shall not be held responsible in any way for delays in fulfilling the order or in delivering the goods ordered.
16. The goods ordered are delivered at road level.
When the goods are delivered by the courier, the Customer must check that:
- ▪the number of packages delivered agrees with that on the delivery note;
- ▪the packaging is whole, undamaged and not wet or otherwise altered. This includes the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the product or discrepancies in the number of packages or the description must be disputed immediately, by writing SUBJECT TO CHECKING (SPECIFYING THE REASON FOR THE RESERVATION, e.g. 'hole in packaging", "packaging crushed" etc.) on the courier's delivery note. Once the courier's document has been signed, the Customer cannot dispute in any way the external characteristics of the items delivered.
Any problems concerning physical condition, agreement with the order or completeness of the products received must be notified within 7 days of delivery, on the basis envisaged in this document.
17. Any materials held in storage by the courier, due to repeated inability to deliver to the address indicated by the Customer at the time of the order, will be returned to MAXG if they are not collected within 5 working days, and the related expenses will be charged to the Customer.
18. Waste Electrical and Electronic Equipment (WEEE products) will only be collected if a new, equivalent item is purchased on-line. Customers may dispose of their own WEEE products at local ecology centres or collection points, pursuant to para. 1.1) of art. 1 of Min. Decree no. 65/2010. Alternatively, but solely for private Customers, a free service is available for the acceptance of WEEE products. Such equipment must be received, by arrangement, within 30 days of delivery of the new product purchased from MAXG. The related transport expenses are borne by the Customer.
Requests for information of any kind may be made at the time of ordering the new product, by completing the information request form available on the website.
Right to withdraw
19. Pursuant to art. 5 of Decree no. 185/1999, if the Customer is a consumer (being a real person who does not purchase the goods for the purposes of a professional activity, or does not indicate a VAT number on the purchase order form submitted to MAXG-Shop) then, without prejudice to the provisions of points 20 and 22 below, the Customer is entitled to withdraw from the purchase contract for any reason, without need to give explanations or pay any penalties.
20. In order to exercise this right, the Customer must send the related communication to MAXG-Shop within 10 working days of receipt of the goods. This communication must be sent by registered letter with proof of receipt to MAXG - Via Riccardo Pitteri 2, 33081 Aviano (PN), or by certified e-mail (maxg@registerpec.it) or telegram sent by the 10-day deadline referred to above and confirmed by registered letter with proof of receipt sent, WITHOUT FAIL, within the next 48 hours. Upon receipt of the above communication of withdrawal, MAXG-Shop Customer Service will quickly provide the Customer with the necessary instructions and assign a unique RMA code authorising the return of the merchandise, which must be received by MAXG within 10 days of the authorisation.
The goods must be returned whole, complete in every part and in their original packaging (bags and boxes), kept and - if applicable - used with normal care, without signs of wear or dirt, in compliance with the conditions specified in points 21 and 22 below and accompanied by the tax receipt.
21. The right to withdraw is in all cases subject to the following conditions:
- ▪the right applies to the entire product purchased; it is not possible to withdraw in relation to just part of the product purchased;
- ▪the right does not apply to products showing signs of use or that cannot be packaged in the original manner;
- ▪the right does not apply to products that are not accompanied by the tax receipt issued to the Customer at the time of purchase (included in the package together with the "delivery note").
- ▪The goods must be returned whole and in their original, undamaged container, complete in every part (including packaging, documentation and accessories: manuals, cables etc.). In order to limit damage to the original container, this should be placed in a second box bearing the shipping label addressed to MAXG and stating the RMA number (Returned Merchandise Authorisation). Labels and adhesive tape must not, under any circumstances, be stuck directly onto the product's original container;
- ▪as established by law, the shipping expenses incurred to return the goods are borne by the Customer; in addition, there is no reimbursement for the expenses incurred to deliver the goods to the Customer or for any other related expenses identified at the time of placing the order;
- ▪the Customer has full responsibility for the shipment until receipt is confirmed by MAXG;
- ▪in the event of damage to the goods during transportation, MAXG will notify the Customer (within 5 working days of receipt of the goods at its warehouses), so that the Customer may make a timely complaint to the courier used and obtain reimbursement for the value of the goods (if insured); in this case, the product will be made available for return to the Customer, with the related cancellation of the request to withdraw;
- ▪MAXG takes no responsibility whatsoever for damage to or the theft/loss of goods returned via uninsured shipments;
- ▪upon arrival at the warehouse, the goods will be inspected to identify any damage or tampering not deriving from transportation. If the container and/or original packaging are ruined, MAXG will withhold a percentage of the reimbursement, not exceeding 10% of the amount, as a contribution to the related restoration costs.
22. Except for any restoration costs deriving from damage to the original packaging, MAXG will arrange to reimburse the Customer for just the cost of the goods returned, within 14 days of receipt of the returned goods, by reversing the amount charged to the Credit Card or Paypal account (if possible) or by Bank Transfer. In this last case, the Customer must provide the details of the bank account for the reimbursement (IBAN, ABI - CAB - Current Account number of the party named on the purchase documents) on a timely basis.
23. The right to withdraw lapses in its entirety, on non-compliance with the essential condition that the goods must be whole (container and/or its contents), if MAXG identifies:
- ▪non-diligent use of the goods affecting their wholeness, or use of any consumable materials;
- ▪absence of the external container and/or original internal packaging;
- ▪absence of any ancillary elements (accessories, cables, manuals, parts etc.);
- ▪damage to the product not attributable to its transportation.
If the right to withdraw lapses, the goods will be made available at the premises of MAXG for collection by the Customer at the latter's expense.
Warranties
24. All products sold by MAXG-Shop are covered by the manufacturer's standard warranty and a warranty for 24 months covering conformity defects, pursuant to Decree no. 206/05. In order to obtain support under warranty, the Customer must retain the purchase documents received.
Exercise of the warranty may involve requesting support from the Authorised Service Centres present in the territory and/or following the procedures explained in the documentation included in the product's container.
25. The standard warranty of the manufacturer is given on the basis explained in the documentation included in the product's container. If, following work by an Authorised Service Centre, the defect is found not to be covered by the manufacturer's standard warranty, the Customer will be charged for the cost of any checking and repairs requested from the Authorised Centre, together with any transport costs incurred by MAXG.
26. The warranty for 24 months covering conformity defects, pursuant to Decree no. 206/05, applies to products displaying a conformity defect, on condition that they have been used correctly for their intended purpose and in accordance with the attached technical documentation. This warranty is only available to private consumers (being a real person who does not purchase the goods for the purposes of a professional activity, or does not indicate a VAT number on the order form). In the event of conformity defects, MAXG will arrange, without costs for the Customer, to restore the conformity of the product by repair/replacement or by a reduction in price, prior to expiry of the warranty period. If, following work by an Authorised Service Centre, the problem is found not to be a conformity defect pursuant to Decree no. 206/05, the Customer will be charged for the cost of any checking and repairs requested from the Authorised Centre, together with any transport costs incurred by MAXG.
27. DOA products (Dead On Arrival: products that do not function upon delivery) are only replaced if this is expressly envisaged by the manufacturer. Product replacement or, if applicable, repair times depend solely on the policies of the manufacturer.
28. If, for any reason, MAXG is unable to return a product under warranty (repaired or replaced) to the Customer, MAXG may, at its discretion, return the amount paid taking account of any usage of the product, or replace it with a product with equivalent or better characteristics.
29. Product repair or, if applicable, replacement times depend solely on the policies of the manufacturer and no damages may be claimed from MAXG for any delays in making repairs or replacements.
30. If application of the warranties involves the return of the product, it must be returned by the Customer in its original container, complete in every part (including packaging, documentation and accessories: manuals, cables etc.). In order to limit damage to the original container, this should be placed in a second box. Labels and adhesive tape must not, under any circumstances, be stuck directly onto the product's original container.
The Customer will be given a Returned Merchandise Authorisation (RMA) number that must be written on the outside of the packaging, following the instructions given directly in the related authorisation e-mail.
Privacy
31. The personal information requested on placing the order, comprising the private identification details referred to in the Privacy Code, is processed by MAXG in order to comply with the accounting and tax requirements established by law, as well as for service and private consultancy needs. For such purposes, the information may be communicated to third parties, including the Public Administration and freelance professionals, and processed in both printed and electronic form.
All interested parties are entitled to exercise the rights envisaged in art. 7 of Decree no. 196/2003 simply by contacting MAXG, at Via Riccardo Pitteri 2, 33081 Aviano (PN), as the owner of processing.
Complaints
32. All complaints must be made to MAXG, Via Riccardo Pitteri 2, 33081 Aviano (PN).
Applicable laws
33. The sales contract between the Customer and MAXG is understood to be made in Italy and governed by Italian Law. If the Customer is a consumer, the territorial jurisdiction for the resolution of any civil and criminal disputes deriving from the conclusion of this distance sale contract is the Court serving the Customer's municipality of residence; in all other cases, the Pordenone Court has sole jurisdiction.