GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1. THE SOCIETY.

Confezioni Mottola S.r.l., headquartered in Noci, Italy, Via del Lavoro e degli studi, 6/N/9, (hereinafter “MAQAS”) has created and operates the website www.maqas.it, through which it is authorized to sell its men’s clothing and fashion accessories products (hereinafter the “Products”) to users who visit the site (hereinafter “Users”).
For any and all complaints regarding orders placed, purchases made, and/or Products purchased, Users may contact the customer service department whose contact information is provided below:
E-mail: info@maqas.it
Phone: (active Monday through Friday from 9:00 a.m. to 6:00 p.m.).

ARTICLE 2. THE WEBSITE.

The website www.maqas.it (hereinafter the “Site”) is an e-commerce site accessible via the Internet through the Internet network at Www.maqas.co.uk
The Site is accessible from Italy by all Internet users (hereinafter, “Internet Users”). In the context of these General Terms and Conditions of Sale (hereinafter “GTC”) the term “Parties” shall jointly refer to the Users and Confezioni Mottola S.r.l. and the term “Party” shall refer to either of them severally. The term “Buyer” shall mean all Users who have placed an order for the purchase of Products with delivery exclusively within the Italian territory. The same rights and obligations provided under the GTC for Users will refer to and apply to the Buyer.
The sale of Products by means of the Site is intended solely for the personal use of Users and not for the purpose of their professional activity.

Users who wish to purchase on the Site, aware of the civil and criminal liability in the event of false statements, declare that they have full legal capacity and are of legal age for the purposes of Italian law.
Any order for the purchase of Products offered on the Site implies consultation and express acceptance of the GTC, without, however, such acceptance being conditioned on a handwritten signature of the User.
In accordance with Articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative Decree. n. 21/2014, to Legislative Decree. n. 185/99, implementing Directive 97/7/EC , and to Presidential Decree 513/97, the completion and submission of the order form, referred to in Article 5 below, “Method of placing and confirming orders,” constitutes for all legal purposes a contract of sale and purchase between the Confezioni Mottola S.r.l. and the User of the Site, from which arise mutual rights and obligations governed by civil law, arising from the online sale of the Products and from the relationships that the Parties establish on the Internet appearance and exclusively on the Site.

The User may save and print the GTC, provided that no changes are made to them.
The GTC defines all the necessary steps in order to realize an order, as described in Article 4 “Method of placing and confirming orders” and ensures the execution of said order between the Parties.
The applicable GTC can be consulted at any time by clicking on the appropriate link.
Confezioni Mottola S.r.l. may update the GTC at any time
These GTC will apply to the exclusion of any other document.

ARTICLE 3. PRODUCTS

The Products offered for sale by Confezioni Mottola S.r.l. are those listed on the Site on the date of consultation thereof by Users, within the limits of stock availability.
Photographs illustrating the Products are outside the scope of this contract; therefore, Confezioni Mottola S.r.l. cannot be held responsible for any errors and/or discrepancies.
Despite the efforts to ensure a faithful reproduction of the colors of the Products represented in the photos published on the Site compared to the original ones, the possibility of discrepancies, in particular due to technical limitations in the computer reproduction of colors, cannot be excluded. Consequently, Confezioni Mottola S.r.l. cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of the Products on the Site.

Product availability.
Products are offered within the limits of available stock. In case of unavailability of any of the Products, the Buyer will be informed promptly.
The notice may be served:
– When creating the order: a window is displayed indicating that the desired Product is temporarily unavailable.
– After order confirmation: before delivery, by e-mail or phone.
If the unavailability of a product is disputed after the confirmation of the order, the Buyer will have the opportunity to cancel its order by requesting a refund of the paid amounts of the unavailable products no later than 14 (fourteen) days after their withdrawal or the replacement of the unavailable Product(s) by e-mail.
Confezioni Mottola S.r.l. disclaims any liability in the event of goods being out of stock or Products being unavailable.
When the User of the Site places an order, he or she is entitled to view all Products that can be purchased online.

Reservation of property
Products ordered shall remain the property of Confezioni Mottola S.r.l. until the price is fully collected by Confezioni Mottola S.r.l . and at the time the Products are delivered to and physically received by Buyer. In case of payment irregularities, the Buyer agrees to return to Confezioni Mottola S.r.l. the products received, at the first request. In return, on the effective date of delivery, the risks (specifically related to loss, theft or damage) regarding the delivered products are borne by the Buyer.

ARTICLE 4. PRICES AND PAYMENTS

Prices
Prices of Products are quoted in Euros and include VAT applicable on the date of order.
The price charged to the Buyer is the price stated on the Order Confirmation transmitted by e-mail from Confezioni Mottola S.r.l..
The established price includes packaging costs, which are free for Users ; but not shipping costs, which will remain the responsibility of the Buyer, as well as those for a delivery different from the one normally guaranteed, subject to any promotions referring to free shipping.
Confezioni Mottola S.r.l. reserves the right, which the User accepts, to change the prices published on the Site at any time. In any case, the price of the Products, subject to availability, will be charged based on the rates indicated at the time of order registration. The rate in effect will be as stated on the Site, except in the case of errors in the price of the Products, in which case Confezioni Mottola S.r.l. will promptly notify Buyer and give Buyer the option of reconfirming its order at the correct amount or canceling it; if it fails to reconfirm, the order will be cancelled and Buyer will be refunded the full amount paid.

Payments
In order to make the online purchase, users can use Visa, Mastercard, Maestro, American Express credit cards or through PayPal and Amazon Pay for payment.”

The following information will be requested at the time of purchase:
– card number
– expiration date
– 3-digit security code (CVV) on the back of the card (Visa and Mastercard only).

In order to avoid and reduce risks of unauthorized access, card data will be encrypted. Upon receipt of your Order, Confezioni Mottola S.r.l. will pre-authorize your credit card to ensure that you have sufficient funds to complete the transaction. The user’s card will be charged the moment the Order leaves the warehouses of Confezioni Mottola S.r.l.
If the chosen payment method is PayPal, the amount related to the Order will be charged to your PayPal account at the time the Order is placed.
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (VAT), whereby deliveries will be deemed to be located in the Member State that results in the delivery address of the items, the applicable VAT being that legally in force in each Member State of destination of the items that have been delivered in each order.

ARTICLE 5. MODE OF ENTRY AND ORDER CONFIRMATION

Navigation within the Site
Users can view and choose the various Products marketed by Confezioni Mottola S.r.l. at: www.maqas.it. Users can browse the various pages of the Site free of charge, with no obligation to purchase.
Registration of orders can only be considered by Confezioni Mottola S.r.l. if the delivery and billing address is located in Italy.

Placing an order
If a User wishes to place a purchase order, he or she must choose the various Products of interest to him or her by clicking on the “add to cart” button.
Each new Product added to your cart will be indicated by means of a specific window.
Users of the Site at any time, may:
– view a summary of the selected Products or change the order by clicking on the “Shopping Cart” button, located at the top right of each page,
– continue to select Products by clicking on “Continue Your Purchases.”
– complete the selection of Products and place the order by clicking on “Buy Now.”
To order the selected Products, Users will need to click on the “Shopping Cart” button.
A recap of one’s order will appear on the screen. If the list that appears matches the Products chosen, Users should validate their choice by clicking on the “Buy Now” button.
The User must identify himself/herself: by entering his/her e-mail and password, if he/she is already registered with the Site; otherwise, he/she must/may register or place his/her order without registering with the Site. You understand and agree that the entry of your username constitutes proof of your identity and consent.
In the event of a new registration, the User agrees to complete in good faith the registration form made available to him/her and acknowledges that the data communicated and registered on the Confezioni Mottola S.r.l. information sites are accurate and count as proof of his/her identity. In order to complete the order, the User must imperatively proceed with all the steps listed in this paragraph.
The user, by using this website and/or placing orders through it, agrees to make use of the website only to make valid consultations or orders and not to place, therefore, false or fraudulent orders which will, therefore, be subject to cancellation by Confezioni Mottola S.r.l..

Final validation of an order
The User must click in the “I accept the General Terms and Conditions of Sale” box before he/she can proceed to choose the payment method.
Users are asked to enter credit card details; orders are validated after entering card information.
Through the acceptance, even partial, of the order by Confezioni Mottola S.r.l., the contract between Confezioni Mottola S.r.l. and the User/Buyer will be considered perfected. Confezioni Mottola S.r.l. reserves the right, at its sole discretion, to accept the order. Acceptance shall be deemed tacit unless otherwise communicated in any manner to the User.
Any right of the User to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order is excluded.

Confirmation of an order
Once the Buyer has validated their order and made arrangements for the relevant payment, a summary window will appear showing the transaction number, receipt of the order (hereinafter the “Order Confirmation”) and confirmation that the order is being shipped (hereinafter the “Shipping Confirmation”). This confirmation will also be sent to the Buyer in the order confirmation sent by e-mail. The aforesaid confirmation will include all the constituent elements of the contract that arose between the Parties, including the Products requested, payment arrangements, delivery arrangements the address of Confezioni Mottola S.r.l. ‘s office to which to send any complaints, as per Article 1 of these GTC. In any case, it is recommended to keep a copy (electronic or hard copy) of the information concerning the order. The data recorded and collected on the Site constitute full evidence of all transactions concluded between the Buyer and Confezioni Mottola S.r.l.. In the event of a dispute between Confezioni Mottola S.r.l. and the Buyer regarding a transaction performed on the Site the data recorded by Confezioni Mottola S.r.l. shall constitute full proof of the contents and transaction. Confezioni Mottola S.r.l. shall retain a copy of the contract between Confezioni Mottola S.r.l. and Buyer in electronic form for a period from the conclusion of the contract to the date of delivery of the goods and for ten years thereafter. Buyer is authorized to access this written copy at any time by sending an e-mail to: info@maqas.it or by contacting the contact details in Article 1 of these GTC and attaching proof of identity.

ARTICLE 6. DELIVERY

Mode and time of delivery
Delivery of orders is handled by logistics center located at the at Confezioni Mottola S.r.l. and orders are shipped with transport company (BRT-GLS-DHL-SDA-TNT) . Orders are sent within the time period specified in the Order Confirmation and, in any case, at the latest within thirty (30) working days from the day after receipt of the Order Confirmation e-mail.

Products ordered by a Buyer will be delivered to the address stated on the order form. If the Buyer is absent, the Products subject to the order will be sent to the warehouse chosen by Confezioni Mottola S.r.l. and a notice will be left for the Buyer specifying the location of the products covered by his order and how a new delivery can be arranged.

If after 15 days from the date the order is available for pickup for the consumer, delivery cannot equally take place due to causes beyond the control of Confezioni Mottola S.r.l., the Contract shall be deemed terminated and the purchaser shall be promptly refunded within 14 days from the date of termination all amounts paid, except for expenses incurred by the Confezioni Mottola S.r.l. For delivery of the items and returning them to the sender.

It should be noted that no deliveries are made on Saturdays, Sundays and holidays, and that delivery will be deemed to be made through the acquisition by the Buyer or a third party indicated by him, of the material availability of the products, which will be proved by signing the order receipt at the agreed shipping address.

Likewise, it should be noted that in case of refused delivery by the customer, the refusal will not be equivalent to the return of the product, so the buyer will be left with the shipping costs and costs already incurred in sending the order, as well as the shipping costs and costs incurred by the Confezioni Mottola S.r.l. For the return of the goods. These amounts should be deducted from the price paid by the customer for the purchased items.

Delivery problems
In case of delayed delivery, the buyer will be required to inform customer service as soon as possible, via the dedicated email address info@maqas.it or by contacting the contact details in Article 1 of these GTC. Confezioni Mottola S.r.l. undertakes to contact the transport company for verification. The duration of the audit is not predictable. In case of non-compliance with the delivery terms or the delivery term, if any, granted, the Buyer shall have the right to terminate this contract in accordance with Article 61 Legislative Decree. n. 21/2014, with consequent reimbursement of all amounts spent, it being understood that Confezioni Mottola S.r.l. will inform the Buyer in advance of the delay in order to ascertain the latter’s willingness to accept the delay and postpone the delivery. It should also be noted that the risks of transportation are borne by Buyer, as well as those related to loss of or damage to the Products from the time Buyer acquires physical possession of them. Following receipt of the ordered Products, the Buyer is required to verify that the Products correspond to those ordered. In order to verify any anomalies that may be found (missing or damaged products, damaged packaging, tearing, etc.), the User may withdraw the Products subject to verification and, in case of positive verification of such facts, the same must be reported within 24 hours by the buyer to the address through the dedicated email address info@maqas.it or by contacting Confezioni Mottola S.r.l. by means of the contact details in Article 1 of these GTC, specifying for which product anomalies were found. All claims not reported or sent more than 24 hours after delivery of the products will be rejected and Confezioni Mottola S.r.l. will not be responsible for them. Confezioni Mottola S.r.l. shall not be held liable in case of loss, sending to an incorrect address or delayed delivery of a Product, to the extent that the risks related to the transportation chosen by the Buyer are borne by the Buyer. It is mandatory to provide personal information related to delivery, as it is needed to process and send orders, as well as to prepare the invoice. Such personal data are strictly confidential. Failure to provide such personal information will result in the inability to fulfill the order.

ARTICLE 7. RIGHT OF WITHDRAWAL AND RETURN OF GOODS

In full compliance with the provisions of Article 49, paragraph 1), letter h) of Legislative Decree No. 21/ 2014, the Purchaser has a period of 14 (fourteen) working days to return, at his expense, the Products if the same do not satisfy him and keep the Products until that time. Said period shall run from the day of delivery of the order. In the event of an established violation of the provisions of Article 49, paragraph 1), letter h) of Legislative Decree No. 21/ 2014, pursuant to Article 53 of the aforementioned Legislative Decree, the withdrawal period guaranteed to the Buyer will be extended to twelve months following the initial withdrawal period. Confezioni Mottola S.r.l. may provide the Buyer with the information referred to in the aforementioned Article 49 within twelve months of the ascertained violation, and the right of withdrawal shall end fourteen days after the day on which the Buyer has received such information. In case of purchase of more than one Product, delivered at different times, the above time limit will start from the receipt of the last good covered by the Purchase Order. The withdrawal period begins on the day the order is received and ends after 14 (fourteen) business days from the time the order is received by Buyer. In case of withdrawal, the Buyer will be refunded only the price of the returned products but will be charged Euro 5.00 (five/00) for the service of collecting the return package at the expense of the Buyer. The right of withdrawal can only be exercised by the Buyer and not by third parties. Products must be returned, together with the bill received, to: Confezioni Mottola S.r.l.Via del lavoro e degli studi 6/N/9 – 70015 Noci (Ba) Italy. The direct costs of returning the products, i.e., the shipping costs related to the return of the products, will be borne by the user to whom, before confirming the request for withdrawal, the cost of transportation and the courier to be used for the return is indicated in the appropriate section “returns and refunds”. In the event that the Buyer claims the non-recognition of the right of withdrawal by Confezioni Mottola S.r.l., due to non-receipt of the notice of withdrawal, it will be the Buyer’s evidentiary burden to prove that it has complied with it.

Exclusions of the right of withdrawal
Pursuant to Article 59 of Legislative Decree. 21/ 2014, the right of withdrawal under this Article is excluded with respect to:
– Waiver expressly manifested by the Buyer;
– Purchases of Products having a personalized character made by Confezioni Mottola S.r.l. on the User’s instructions;
– Purchases of Products combined with others for special occasions;

Products that do not satisfy the Buyer
If a Buyer exercises the right of withdrawal, the Product(s) must be returned in its original form and packaging, complete and accompanied by the delivery note coupon. The Buyer will bear the shipping costs for the return of the Products for Euro 5.00 (five/00) , apart from those that do not conform. Confezioni Mottola S.r.l. will not accept a shipment of Products with a charge to the recipient. The Buyer assumes all reasonable risks associated with the return of the Products. If the above circumstances are met, Confezioni Mottola S.r.l. will reimburse the Buyer within a maximum of 14 (fourteen) working days from the day it is informed of the consumer’s decision to withdraw, for an amount corresponding to the Products purchased. The Buyer shall be liable only for diminution in the value of the Goods resulting from handling other than that necessary to establish the nature, characteristics, and operation of the Goods. Confezioni Mottola S.r.l. will make the refund using the same means of payment used by Buyer for the initial transaction, unless Buyer has agreed otherwise. Confezioni Mottola S .r.l. shall not be required to reimburse additional costs if Buyer has expressly chosen a type of delivery other than the least expensive type of delivery offered by Confezioni Mottola S.r.l.. No refund will be made: (a) Whether the product has been used beyond simply opening it; (b) for products that are not in the same condition as they were delivered and/or have been damaged and/or are not intact and in normal condition and/or do not have an identification tag. Confezioni Mottola S.r.l., within the period of 14 (fourteen) working days, may withhold the refund until the Buyer has received the goods or has proved that he has shipped the goods.

Non-conforming products
Non-conforming Products are defined as products sent in error by Confezioni Mottola S.r.l. or that have defects or flaws. In the event that the Buyer believes that at the time of delivery the Product does not conform to the terms of the Contract, the Buyer should contact Confezioni Mottola S.r.l. Within 24 hours of receiving the goods, by sending report to the dedicated email address info@maqas.it, indicating the order number and attaching photos of the item being claimed. In the event of a return Confezioni Mottola S.r.l. will examine the returned product and notify you by e-mail if it will proceed with a refund. However, the item will be refunded within 14 days from the date of sending an appropriate e-mail confirming to the user that they will proceed with the refund of the ineligible item. The direct costs of returning the goods will be borne by the Buyer while the amount paid for products returned due to damage or defect, if ascertained by Confezioni Mottola S.r.l., will be refunded in full, including delivery costs incurred in sending them.

ARTICLE 8. LEGAL WARRANTY

The Legal Guarantee of Conformity is governed by Articles 128 et seq. Of the Consumer Code in favor of consumers, who purchase products for personal use (i.e., for purposes unrelated to their professional or business activity) that have conformity defects. Defect of conformity, subject to Legal Guarantee of Conformity, exists if the purchased product is defective or does not permit the use for which goods of the same type are usually used, or is a product that otherwise does not conform to the description made by the seller. The Legal Guarantee of Conformity does not cover product defects resulting from normal wear and tear, abnormal or improper use, accidental events (e.g., fall) and otherwise maliciously caused to the product itself, nor does it cover defects resulting from repairs carried out in the manner or by unauthorized centers. In the presence of a lack of conformity, existing at the time of delivery of the goods: Primarily, the Buyer has the right to obtain the restoration, without cost, of the conformity of the goods by repair or replacement. Buyer, at its option, may request Confezioni Mottola S.r.l. to repair the goods or replace them, unless the remedy requested is objectively impossible or unduly burdensome compared to the other. Repairs or replacements must be made within a reasonable time from the request. As a secondary remedy (where the first two remedies are impossible or excessively onerous, or have not been carried out within a reasonable time, or inconvenient), the Buyer may request, at his or her option, a reasonable reduction in the price, which must take into account the use that has been made of the product, or termination of the contract. Any conventional warranties, additional to the Legal Warranty of Conformity, provided by the manufacturer or retailer do not replace or limit rights under the Legal Warranty of Conformity. The legal warranty of conformity covers conformity defects that have become apparent within the two-year period from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and provided that the Buyer has proof of purchase (tax receipt or talking receipt) with explicit mention of the Product.

ARTICLE 9. MAJOR FORCE.

Neither Party shall be liable for total or partial non-performance or delay in the performance of its obligations under this contract that is caused by an event that cannot be prevented (hereinafter referred to as “Force Majeure”). Events of Force Majeure may include, but are not limited to, wars, riots, insurrections, serious disruption of Internet security, technical failures, unauthorized access and/or intrusion into the Web site servers, strikes of any form, telematic or telephone failures. If a Party assumes that a Force Majeure event has occurred, it shall inform the other Party within 5 working days of the occurrence or the risk of the occurrence. The Parties agree to meet in order to jointly determine the terms and conditions for filling orders during the presence of a Force Majeure event. After 1 (one) month of interruption due to a Force Majeure event, Confezioni Mottola S.r.l. may choose to cancel orders and refund Buyer where due.

ARTICLE 10. PROTECTION OF PERSONAL DATA

The inclusion of personal information collected as part of distance selling is mandatory, as this information is necessary for the purpose of order fulfillment and delivery, as well as for the issuance of invoices. Such information is strictly confidential. For all information regarding the processing of personal data, please refer to the privacy policy. In accordance with Law no. 78-17 of January 6, 1978 relating to Information Technology, Files and Freedoms, the processing of personal information collected at the Site has been the subject of a statement at the National Commission on Information Technology and Freedoms. The User has a right to access, modify, rectify and delete data concerning him or her. To exercise this right, the User should send an email to: info@maqas.it The buyer can then make informed choices about the personal information he or she has provided to the Site.

ARTICLE 11. PARTIAL DISABILITY

If one or more clauses of the GTC are found to be invalid or are declared invalid by law, regulation, or by virtue of a final judgment, all other clauses shall remain in full force and effect.

ARTICLE 12. FULL CONTRACT

These GTC and the entire summary sent to Buyer form an integral part of the contractual relationship between the Parties. In case of any discrepancy between the above documents, the GTC shall prevail.

ARTICLE 13. APPLICABLE LAW AND JURISDICTION

Italian law shall apply to the GTC and to relations of a contractual nature between Confezioni Mottola S.r.l. and the Buyer. For any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Bari shall have exclusive jurisdiction.

ARTICLE 14. AMENDMENTS TO THIS POLICY

Notwithstanding. Confezioni Mottola S.r.l. in any case does not carry out any processing operations other than those expressly authorized and/or requested by each User, this policy may be subject to change to comply with new legal provisions or changing data processing policies of Confezioni Mottola S.r.l.. Any updated version of this policy will be made available on the Site in the dedicated section: Confezioni Mottola S.r.l. therefore invites all Users to periodically consult the Site in order to be always informed of the latest version uploaded

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