GENERAL CONDITIONS OF SALE

OF MARIA GIOVANNA COSTA PRODUCTS
ORDERED BY PHONE OR THROUGH THE WEBSITE
mariagiovannacosta.com
VERSION OF 09/28/2020

PREMISES

CMG di MARIA GIOVANNA COSTA (hereinafter referred to as «MARIA GIOVANNA COSTA» or «CMG») markets the products marked with the «MGC» trademark in Italy and, where permitted, also abroad.

Always attentive to meeting the expectations of its customers, MARIA GIOVANNA COSTA has decided to create a remote sales network for its products, by telephone or through the website mariagiovannacosta.com.

The system, which requires active intervention by the Customer, has been created in full compliance with the regulations on distance selling and in particular with art. 45 et seq. of the Consumer Code (Legislative Decree no. 206 of 6 September 2005 and subsequent amendments).

MARIA GIOVANNA COSTA does not make calls to customers on its own initiative to propose distance selling of products, unless this concerns a request previously made by the customer himself.

the use of the remote selling service described in these general conditions of sale is reserved exclusively for consumers, in the meaning given by law and jurisprudence, understood as natural persons who act for purposes not related to their commercial, entrepreneurial or professional activity (hereinafter defined for brevity as the "Customers").

SCOPE OF APPLICATION

These general conditions of sale are applicable to all sales of «MARIA GIOVANNA COSTA» products concluded remotely by telephone through the CMG Customer Service or through the website mariagiovannacosta.com, with delivery throughout Italy and Europe and where possible also abroad.

These general conditions of distance selling must be carefully examined by the Customer before completing the distance purchasing procedure for «MARIA GIOVANNA COSTA» products. It is understood that placing a purchase order with the CMG Customer Service or through the website mariagiovannacosta.com implies total and absolute knowledge of these general conditions of sale and their full acceptance. By placing a purchase order with the CMG Customer Service or through the website mariagiovannacosta.com, the Customer unconditionally accepts and undertakes to observe in his/her relations with MARIA GIOVANNA COSTA these general conditions of sale, as well as the payment conditions illustrated below, declaring that he/she has read and accepted all the information provided to him/her, and also acknowledges that MARIA GIOVANNA COSTA does not consider itself bound to conditions other than these unless previously agreed in writing.

These general conditions of distance selling can be printed and stored by anyone who has visited the website mariagiovannacosta.com and are to be considered applicable and in force as long as they are accessible from the website mariagiovannacosta.com. Any elimination of these general conditions of distance selling from the website mariagiovannacosta.com implies the automatic and irrevocable inapplicability, ineffectiveness and unenforceability to the CMG company of the same in relation to purchases made after their elimination from the site, and this even in the case in which said general conditions are still consultable and/or accessible to the public through other websites other than the one indicated above.

In relation to sales of customized products and/or in any case put into production for the specific Customer following his specific order (i.e. products made to measure), the "Special Conditions of Sale of Customized Products" reported at the bottom of this document will also apply, which must be considered prevalent over the present general conditions of sale in the parts incompatible with them. The provisions of the previous paragraph also apply in relation to such Special Conditions of Sale of Customized Products.

SELLER IDENTIFICATION

For the purposes of these general conditions of sale, the seller is CMG di MARIA GIOVANNA COSTA, with registered office in 95126 Catania (CT), Via Antonino Caruso n. 22, paid-up share capital Euro 2,500.00, CF/P.IVA and registration no. in the Reg. Imp. of SOUTH EAST SICILY CSTMGV79H67C351J, REA CT - 427221, tel: +39 347 4970853.

ARTICLE 1: INFORMATION RELATING TO PRODUCTS

1.1 - Information relating to «MGC» products that can be sold remotely through the CMG Customer Service of MARIA GIOVANNA COSTA and/or through the website mariagiovannacosta.com are available, with the relevant reference numbers, on the website mariagiovannacosta.com. The aforementioned information is provided in compliance with the laws in force and, in particular, with articles 49 and 51 of the Consumer Code.

ARTICLE 2: ORDERING PRODUCTS

2.1 - Orders can be placed, however, in Italian:

  • a) to CMG Customer Service, by calling +39 347 4970853

or

  • b) through the dedicated section of the website mariagiovannacosta.com.

Regardless of the order method chosen by the Customer, it is still necessary to provide MARIA GIOVANNA COSTA with a valid e-mail address to which she will forward all communications provided for by these general conditions of sale or in any case concerning the order.

With reference to orders placed on the website mariagiovannacosta.com, it is possible to make the purchase even without the need for prior registration and creation of a personal account for the Customer, following the steps and instructions specified on the site itself. Before proceeding with the transmission of the order, the Customer will be asked to identify and correct any errors in data entry.

2.2 - MARIA GIOVANNA COSTA reserves the right to evaluate the acceptance of orders received. It will communicate to the Customer any impossibility of accepting the order within 30 days starting from the day following the day on which the Customer transmitted the same to MARIA GIOVANNA COSTA and will refund any sums already paid by the Customer to MARIA GIOVANNA COSTA itself in relation to it.

 

ARTICLE 3: PRODUCT PRICES

3.1 - The prices of the products are inclusive of all taxes and duties as well as ordinary shipping costs (see the following art. 5.3), unless, with regard to orders placed via the website mariagiovannacosta.com, it is not otherwise indicated on the aforementioned website or in any case on the order screen or, with regard to orders placed by telephone to the CMG Customer Service, it is not otherwise communicated by the Customer Service itself before the Customer confirms the order.

3.2 - The price of each product is communicated to the Customer when calling CMG Customer Service, or, in the case of purchases made on the website mariagiovannacosta.com, before the conclusion of the contract. All prices are expressed in euros and include VAT.

3.3 - In accordance with the provisions of art. 51 co. 7 of the Consumer Code, the Customer receives, after the conclusion of the contract, written confirmation of the product ordered, its price, the amount paid, the existence of the right of withdrawal (except in cases where this right is excluded - see art. 7) with an indication of the times and methods for returning the goods, the geographical address for submitting any complaints, information on assistance services, on existing legal and commercial guarantees, on the possibility of using out-of-court complaint and appeal mechanisms pursuant to art. 141 of the Consumer Code.

ARTICLE 4: PAYMENT TERMS

4.1 - Payment by the Customer can be made, both in the case of purchases made through the CMG Customer Service and in the case of purchases made through the dedicated section of the mariagiovannacosta.com website, by means of:

  • a) Credit card;
  • b) PayPal;
  • c) Bank transfer from a current account in the name of the person making the purchase;

4.2 - The following credit cards are accepted: Visa, Mastercard, American Express.

The charge on the Customer's credit card occurs when the order is prepared for shipping.

In order to prevent fraud on the Internet, the payment made through the website mariagiovannacosta.com is managed online by the bank concerned through the tools offered by Shopify Inc, a company established in Canada. This company is responsible for storing and automatically processing in a protected environment the information relating to each order, including credit card details.

For payment purposes, the Customer confirms to CMG Customer Service or through the website mariagiovannacosta.com, that he/she is the holder of the indicated credit card and that the name indicated on said credit card is his/hers, then communicates, at his/her choice, by telephone or by protected email or, in the case of purchase through the website mariagiovannacosta.com, on the website itself, the number, expiry date and security code indicated on his/her credit card.

In the event that, for any reason, the debiting of the amounts due by the Customer does not occur, the sales process is automatically cancelled and the sale is automatically cancelled.

4.3 - In the event that the Customer, at the time of placing the order, has indicated that he wishes to make the payment by bank transfer, MARIA GIOVANNA COSTA will communicate to him by e-mail the bank details on which to make the payment. The payment must reach MARIA GIOVANNA COSTA within the following 5 days. The products will be prepared for shipping as soon as the payment has been received. In the event that the payment has not been received within the term of 5 days, the order will be considered cancelled.

ARTICLE 5: DELIVERY

5.1 - It is understood that no deliveries can be made to hotels, professional addresses or post office boxes.

5.2 - The delivery of the products is carried out to the address indicated by the Customer only after the regular registration of the payment of the relative order. In compliance with the provision contained in art. 61 of the Consumer Code, MARIA GIOVANNA COSTA will execute the order of the products within and no later than 30 days from the date of conclusion of the contract, upon receipt of the purchase price, unless MARIA GIOVANNA COSTA communicates - within the same term - the non-acceptance of the order pursuant to the previous article 2.2.

5.3 - The Customer will have the possibility to use the following delivery methods:

  • standard service (free) delivery is made between 8:00 and 18:00 from Monday to Friday (delivery in 3-4 working days);
  • express service (for a fee) delivery is made between 8:00 and 18:00 from Monday to Friday (delivery in 2-3 working days);
  • free express service for orders over €1,000;
  • premium service (paid) delivery is made by 10.30 am from Monday to Friday.

This service is only available for certain cities and is therefore subject to restrictions related to the postal code of the shipping address.

The delivery times indicated are to be considered purely indicative.

The express service and the premium service are available for orders under €5,000. For orders over €5,000, shipping costs in case of choosing the express service and the premium service are charged to the Customer in addition to the purchase price. These costs will not be refunded even in the event of withdrawal by the Customer or replacement of the product, as provided for by art. 56 co. 2 of the Consumer Code.

5.4 - The Customer will be informed by SMS or e-mail of the expected delivery date as well as the name and contact details of the carrier appointed by MARIA GIOVANNA COSTA for the delivery itself. The Customer may then contact this carrier to possibly agree on a different delivery date.

5.5 - In the event that, at the time of delivery, the external appearance of the package presents imperfections, the Customer (or the person who received the product pursuant to the previous art. 5.1) must proceed to open the package itself in the presence of the carrier, to verify the condition of the product contained therein.

In the event that the product is damaged, the Customer (or in any case the recipient) must detail in writing, on the delivery note, all the damages detected. Any complaints must be forwarded in the manner provided for in the following art. 10.

ARTICLE 6: LIMITATION OF LIABILITY

6.1 - Except in cases of willful misconduct or gross negligence, MARIA GIOVANNA COSTA shall not be liable towards the Customer under any circumstances as a result of:

  • damage or loss caused by the products (or by their use by the Customer), without prejudice in any case to the application of the mandatory provisions of law regarding the liability of the manufacturer;
  • damages that have not been caused by non-fulfilment by MARIA GIOVANNA COSTA;
  • loss of business or business opportunity which has not been caused by breach of contract by MARIA GIOVANNA COSTA.

6.2 - Nothing in these general conditions of sale may limit liability in the event of death or personal injury to the Customer caused by the negligence of MARIA GIOVANNA COSTA, its employees, agents or representatives.

6.3 - Without prejudice to any other provisions of these general conditions of sale, MARIA GIOVANNA COSTA will repair or replace free of charge any product that has been damaged or lost during shipment by its carrier, provided that:

  • the Customer has communicated in writing the damage or loss within 24 hours of the delivery date (in the case of damage) or within 24 hours of the delivery date that was indicated to the Customer in accordance with the previous article 5.4 (in the case of loss) in order to allow MARIA GIOVANNA COSTA to avail itself of the remedies provided for by the shipping conditions applied by the forwarder;
  • the Customer must make available to MARIA GIOVANNA COSTA (in the event of damage to the product) the receipt or other document relating to the product in question, as well as the product together with the original packaging and all accessories, tags, etc. relating to the same.

ARTICLE 7: RIGHT OF WITHDRAWAL - INSTRUCTIONS FOR EXERCISE OF THE RIGHT OF WITHDRAWAL

7.1 - MARIA GIOVANNA COSTA is aware of the fact that Customers who are not satisfied with the products received, except in the cases provided for by art. 59 of the Consumer Code, may exercise the right of withdrawal provided for by articles 52 to 58 of Chapter I, Title III, Part III of the Consumer Code. It is in the interest of MARIA GIOVANNA COSTA that the Customer may exercise said right of withdrawal in the best possible conditions.

The Customer may exercise the right of withdrawal, without specifying the reasons, by communicating to MARIA GIOVANNA COSTA, within a maximum of 30 (thirty) days from receipt of the product at the address indicated at the time of the order, his intention to withdraw from the contract and return the product.

In order to exercise the right of withdrawal, the Customer may communicate his/her will in this regard:

  • by calling CMG Customer Service;
  • in writing, by sending a registered letter to MARIA GIOVANNA COSTA signed by the Customer containing the withdrawal declaration, the Customer's data and the indication of the product concerned. To this end, the Customer, if he/she wishes, can use the standard form available at the bottom of these general conditions of sale (Annex A), which must be printed, filled out and sent to the address indicated, or the form that will be found inside the package containing the product.

The withdrawal declaration must be sent to the following address:

CMG by MARIA GIOVANNA COSTA, Via Antonino Caruso 22, CAP 95126 Catania (CT)

7.2 - In any way the Customer exercises the right of withdrawal, he/she must call CMG Customer Service to agree on the date of collection of the goods, which must be within 30 days of the date of receipt by MARIA GIOVANNA COSTA of the Customer's declaration of withdrawal. The Customer must deliver the product for which he/she has exercised the right of withdrawal to the courier on the date and time agreed. In the event of his/her inability to do so, he/she may agree on a new date with the courier, which must take place within the following 7 days. It is specified that the products are collected on weekdays between 8:00 and 18:00.

7.3 - In accordance with art. 54 co. 4 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal remains with the Customer. The Customer will also be responsible for the timely return of the goods.

7.4 - In the event of withdrawal, all payments made to MARIA GIOVANNA COSTA in relation to the product for which the withdrawal was exercised will be refunded to the Customer, including delivery costs (with the exception of additional costs resulting from the possible choice of special delivery types described in art. 5.3 (ii), (iii) and (iiii) above.) The refund of such payments will take place, by re-credit, within 14 days from the date on which MARIA GIOVANNA COSTA became aware of the exercise of the right of withdrawal by the Customer and in any case upon collection of the product by the same. Pursuant to art. 56 co. 3 of the Consumer Code, if the Customer intends to personally return the product, MARIA GIOVANNA COSTA may withhold the refund of the relative price until it has received the returned product or the Customer has demonstrated that it has been sent in accordance with the provisions of the previous art. 7.3. otherwise, MARIA GIOVANNA COSTA may withhold the refund of the price until the date of delivery of the product if the Customer fails to deliver the product on the date and time agreed with CMG Customer Service. In any case, the provisions of the following paragraph 7.7 remain valid.

7.5 - The refund referred to in the previous point will be made to the Customer's current account corresponding to the credit card used by the Customer for payment, or, if the payment was made by bank transfer, to the current account on which the price of the products was originally charged. This refund will not entail any cost for the Customer.

7.6 - In accordance with Article 57, paragraph 2 of the Consumer Code, the Customer is responsible for any decrease in the value of the products due to handling other than that strictly necessary to evaluate their nature, characteristics and actual functioning.

Therefore, if the products returned by the Customer are damaged, incomplete, deteriorated and/or dirty or in any condition that unequivocally suggests that the products have been used in such a way as to compromise their substantial integrity, they will not be refunded.

7.7 - Failure to return the product pursuant to art. 7.3 above within the deadline set out therein or failure to deliver the same to the courier appointed by MARIA GIOVANNA COSTA on the date and time agreed pursuant to art. 7.2 (if applicable postponed pursuant to the same article, last part) will be understood as a manifestation by the Customer of the will to revoke the declaration of withdrawal. The Customer will therefore retain the purchased item and MARIA GIOVANNA COSTA will not be required to provide any reimbursement.

 

ARTICLE 8: REPLACEMENT OF PRODUCTS

8.1 - MARIA GIOVANNA COSTA wishes to offer its Customers the possibility of replacing products purchased remotely, both through the MARIA GIOVANNA COSTA Customer Relations Service and through the website mariagiovannacosta.com.

8.2 - The replacement of products purchased remotely is subject to the following limitations:

    a) in the event of a replacement request submitted to CMG Customer Service:
        • the replacement of products purchased remotely can be carried out with other replacement products of identical or higher value than that of the products purchased, in this latter case, the Customer will have to pay the excess price difference;
            • the replacement of products purchased remotely can also be done with other replacement products even of lower value than that of the products purchased, in which case, MARIA GIOVANNA COSTA will refund the Customer the price difference. The refund will be made using the payment method previously chosen by the customer.

              8.3 - Within 30 days from the delivery date, the Customer may, at his/her choice:

              • request the replacement of the product purchased remotely by calling the Customer Relations Service. For the return by the Customer of the product to be replaced in accordance with the previous art. 7.2. However, the Customer will still have the right to opt for the return at his own expense with the methods indicated in the previous art. 7.3. In this second case, the Customer will be responsible for proving the return of the products, which must therefore be returned by registered mail with return receipt. Regardless of the chosen return method, the transport costs of the new product will be borne by MARIA GIOVANNA COSTA. It is understood that MARIA GIOVANNA COSTA will not ship the replacement product before having received the items returned by the Customer or before the Customer has delivered the same to the courier appointed by MARIA GIOVANNA COSTA for this purpose to collect them from the home. The provisions of the previous art. 7.7 will apply, mutatis mutandis;
              • personally present the products you wish to replace to MARIA GIOVANNA COSTA at the registered office.

              8.4 - In both cases referred to in points (i) and (ii) of the previous paragraph, the products to be replaced must be returned in their original packaging, complete with everything (boxes, accessories, tags, protectors, flyers, etc.) and must be accompanied by the purchase receipt and the duly completed exchange form.

              Products returned by the Customer that are damaged, incomplete, deteriorated and/or dirty or in any condition that unequivocally suggests that the products have been used in such a way as to compromise their substantial integrity, will not be replaced.

              8.5 - In the event of replacement, the sale relating to the replaced product must be considered terminated. Payment for the product delivered in replacement occurs by offsetting the amount of the price of the previous sale. It is understood that any amount exceeding the Customer's debit or credit, within the limits set out in the previous art. 8.2, will be respectively re-debited or re-credited to the current account in the Customer's name, corresponding to the current account or credit card used by the Customer for payment.

              8.6 - The present general conditions of distance selling apply to the replacement of the product through the Customer Relations Service. This method of product replacement does not in any way affect the legal guarantee provided for by art. 128 et seq. of the Consumer Code.

              8.7 - The Customer is kindly requested to note that he/she can replace his/her purchases only through the CMG Customer Service at +39 347 4970853 or through the website mariagiovannacosta.com

              8.8 - If the Customer has used the replacement service for a product received as a replacement (except in cases of replacements due to non-conformity of the product) for another previously purchased, MARIA GIOVANNA COSTA reserves the right to refuse further replacements.

              ARTICLE 9: CONFORMITY - WARRANTY

              The Customer is required to verify that the products received correspond to those in the order placed. In the event that the products delivered do not conform to the order, the Customer must inform CMG Customer Service by telephone and return the products in question. In this case, the provisions of art. 7 of these general conditions of sale will apply, where compatible.

              In addition to the specific guarantees that are provided to the Customer together with the delivered product, the sale of CMG products by MARIA GIOVANNA COSTA is also subject to the legal guarantees provided for by Italian law and in particular, among other things, those provided for and regulated by articles 128, 129, 130 and 132 of the Consumer Code.

              ARTICLE 10: COMPLAINTS - INFORMATION

              For any information or complaint, or for any question relating to the general conditions of mail order sales of the company CMG di MARIA GIOVANNA COSTA or to the «MGC» products, Customers must contact the company's Customer Service by telephone on +39 347 4970853 or by writing a message via the "CONTACTS BY EMAIL" section within the "CUSTOMER SERVICE" area, indicating the order number to which the question refers.

              ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

              The «MGC» trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on CGM products by MARIA GIOVANNA COSTA, on the related accessories and/or packaging, whether registered or not, are and remain the exclusive property of the company CMG by MARIA GIOVANNA COSTA with registered office in 95126 Catania (CT), Via Antonino Caruso n. 22.

              The total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of the CMG company is absolutely prohibited.

              Any combination of the aforementioned trademarks with other trademarks, symbols, logos and more generally any distinctive sign suitable for creating a composite logo is also prohibited.

              Furthermore, the total or partial reproduction, modification or use of drawings, models and patents which are the exclusive property of the company CMG di MARIA GIOVANNA COSTA are absolutely prohibited.

              ARTICLE 12: FORCE MAJEURE

              The performance of the services by the CMG company may be suspended in the event of the occurrence of a fortuitous event or force majeure which prevents or delays their execution.

              These are considered as such, for example, but not limited to, war, riots, insurrections, strikes and supply problems of the company CMG di MARIA GIOVANNA COSTA attributable to third party suppliers, or the incorrect indication by the Customer of the correct shipping address.

              The company CMG di MARIA GIOVANNA COSTA will inform the Customer of the occurrence of the fortuitous event or force majeure within 7 days of its occurrence. In the event that the suspension of the service should extend for a period longer than 15 days, the Customer will have the possibility to cancel the order placed and will be reimbursed for the amounts already paid, as established in art. 7 of these general conditions of sale.

              ARTICLE 13: COMPETENT COURT AND APPLICABLE LAW

              13.1 - The jurisdiction applicable to sales contracts concluded by telephone or through the website mariagiovannacosta.com is that provided for by art. 66-bis of the Consumer Code. To resolve disputes, it is possible to resort to the mediation procedures provided for by Legislative Decree 4 March 2010, no. 28. The possibility of promoting the out-of-court resolution of disputes is also reserved, as provided for by art. 66 and 141 of the Consumer Code.

              13.2 - The law applicable to the sales contracts governed by these general conditions is Italian law, with the exclusion of conflict rules and in any case of private international law rules. The applicability of the Vienna Convention on the sale of movable goods of 1980 is also excluded.