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Terms and conditions

M2 Italia firmly believes in values such as competence, ethics and honesty, so before listing all the purchasing rules we want to let you know that we will always do our best to ensure that all your experience with M2 Italia will be the best possible”.

The M2 Italia Team


1. SCOPE

1.1.   The following General Terms and Conditions ( " GTC " ) govern the sales of products and services ("Products" ) , provided by M2 Italia Srl (" M2ITALIA " ) , with registered office in Viale della Regione Veneto , 16, 35127 Padova , Italy, through the web platform www.m2italia.com ( " M2ITALIA.COM " ). M2ITALIA is intended as legal figure responsible for the overall management and delivery of sales and orders of M2ITALIA.COM.

1.2.   M2ITALIA manages the orders of the Products on behalf of the Manufacturer ( " Manufacturer / s", to be understood as every manufacturer, broker, importer, dealer or any natural or legal person acting as a producer identifying the Products with his name, trademark or other hallmark), providing that the GTC will be accepted by the customer ( " customer / s " shall mean any legal and / or private consumer understood as the natural person who makes legal  transactions to a legal order that is not attributable to the trade or business ).

1.3.   GTC are applied to the purchase of every order ( " Order / s ") in which the Customer explicitly and voluntarily accepts GTC content during the order procedure. M2ITALIA and M2ITALIA.COM reserve the right, in their sole discretion, in whole or in part at any time , to change, modify, add or remove each article of the GTC, which will be updated and loaded on M2ITALIA.COM and immediately effective from time to time.

1.4.   ODG8 Limited ("ODG8"), with headquarters in Hong Kong , 20 / F , Central Tower , 28 Queen 's Road, Central, is an international community of Users, Customers, Designers and Manufacturers of Products of design, architecture and decoration of spaces, united by a written code of ethical behavior and quality, in defense of the Customers ("Decalogue") . M2ITALIA is the legal licensee of ODG8 director of M2ITALIA.COM and guarantor for the Decalogue respect.

 

2. ORDER PROCEDURE CONCLUSION OF CONTRACT

2.1.    M2ITALIA manages on behalf of Manufacturers the sales to customers. The presentation of Products on M2ITALIA.COM does not constitute a legally binding offer, but merely a selection of Products available to be purchased by Customers through the issuance of Orders.

2.2.   After Customer has completed the Order, he will receive an automatic confirmation through an e-mail of the issuance of the Order and payment. After the acceptance of the Order by the Manufacturer, the Customer will receive a further confirmation of the Order processing; Order with the Customer's data will be entered into the database of M2ITALIA. This e-mail contains all the data provided by filling in the Order by the Customers that are responsible to check that the data is correct and to immediately inform M2ITALIA and / or M2ITALIA.COM about any errors if any and what the purpose of communicating their corrections. The data provided will be used by M2ITALIA for payable invoices and schedule the delivery of the Products, any variation of such data is not allowed after the issuance of invoices. The Order will be completed with the payment of the Products as set out in Article 4.

2.3.   After completing the process of the Order, the Customer should download, save and print these GTC from the appropriate section on the M2ITALIA.COM website.

2.4.   If, before accepting the Order in accordance with Article 2.2, M2ITALIA should find that the Product is no longer available from the office of the manufacturer, M2ITALIA will immediately inform the Customer about the unavailability and reimburse payments if already received. If, after accepting the Order pursuant to Article 2.2 , M2ITALIA should find that the Product is not available temporarily at the premises of the Manufacturer, M2ITALIA reserves the right to terminate the contract of sale of the Product in behalf of the Manufacturer. In this case, M2ITALIA will immediately inform the customer about the unavailability of the Products ordered previously and refund payments, if received by the Customer on behalf of the Manufacturer.

2.5.   Order only can reach a quantity of the same Product normally used for domestic purposes (ie No. 12 Products per item) any amount greater must be ordered by e-mail by contacting M2ITALIA.COM.

2.6.   Customers will select the country where the Products shall be delivered: for previous agreements with the manufacturers it is agreed that the Products will be sold only to customers who are domiciled in the states and in pre-defined areas. In the event that during the purchase process one or more Products are not available for the geographic area of destination, customers are warned before completing the order and can then directly contact M2ITALIA here order to deal directly with M2ITALIA purchase off-line Products.

 

3.  PRICES AND PRODUCTS

3.1.   .1 The Products are available as illustrated and described in their product pages as published by M2ITALIA.COM (images provided by the Manufacturer might be approximate). The Products, especially artisanal Products, may not exactly correspond to the real Products in terms of image and colours because of the Internet browser and/or of your monitor set up and/or the quality of the pictures provided by the Manufacturer and/or because in certain case handmade.

3.2.    All prices and charges of the Products on M2ITALIA.COM are quoted in Euro. The Product’s price excludes delivery charges. Delivery charges are calculated as part of the checkout process in the filling if the PO, based on the proximity of the Customers’ delivery address to the distribution premises, the number of the Product ordered and its weight. The PO shall calculate automatically the total delivery charges upon the selection of the delivery country by the Customers.

3.3.   All Product prices are VAT inclusive except where explicitly stated otherwise. It is also possible that the price paid includes services and banking fees or others costs VAT exempt.

 

4.  PAYMENT

4.1.   Payment of the Product prices and relevant shipping costs must be made by using the Pay Pal system (see more info www.paypal.com),VISA or MASTERCARD credit card. This payment it is a precondition to complete the PO.

4.2.   An invoice will be issued by M2ITALIA after the Manufacturers will confirm the shipment of the item ordered. All invoices can be seen by the customer in his account management area.

4.3.   In order to reduce the financial charges on the price paid by the Customer, in cases PO of products coming from different Manufacturers, the Customer could receive multiple invoices with amounts whose sum will anyway be equal to the amount of the PO.

4.4.   It is agreed, moreover, that the payments of the Products will be sent to M2ITALIA accounts and independently from the invoices issuing.

 

5. SHIPPING AND DELIVERY OF THE PRODUCTS

5.1.    Shipping rates do not include duties, taxes or other non-routine customs brokerage charges if any.

5.2.   An estimated shipping timing will be available for the Customer in the filling of the PO. However In special cases, for example handcraft products, shipment may be delayed.

5.3.   If, otherwise there was a delay due to factors that are beyond any control of M2ITALIA, M2ITALIA cannot accept any liability for consequential damages and / or losses. The Products are delivered on behalf of the Customer by the shipping company. Customers acquire the full property of the Products (and will be responsible for the loss or destruction of the goods) from the date of acceptance of the PO sent by M2ITALIA via email.

5.4.   If a Product has been damaged during the shipping, the Customers must notify M2ITALIA immediately about the damage occurred so that M2ITALIA may assist the Customers in the claim process toward the shipping company. All shipments are picked up by the shipping company and signed for in good condition. Upon delivery the Products, the Customer must verify the integrity of their packages.

5.5.   The Customer undertakes to agree on the terms and conditions applied for by the shipping company after having submitted the PO, as consequence M2ITALIA is not liable for any damage, loss of whatever nature occurred to the Products during the shipping and depending on the shipping company.

 

6. RIGHT OF WITHDRAWAL

6.1.   Private Customers may withdraw from the PO within 14 days from the delivery date of the Products, for whatever reason, provided that the exercise of the withdrawal right must be notified here to M2ITALIA. This provision does not apply to the persons or (i.e. professional clients or consumers) entities not acting for purposes unrelated to his/its profession.

6.2.   M2ITALIA shall manage the reimbursement of the Product price subject to:
a. The Products are returned by the Customers undamaged in their original packaging with suitable outer packaging;
b. The Products have not been used, worn, washed or damaged;
c. The Products have been returned to the Manufacturer by a single delivery; Return charges have to be borne by the Customers.

6.3.    If the withdrawal right is exercised in conformity with the provisions set forth in this article 6.2, M2ITALIA will assist the Customer in the returning of the Products to the Manufacturer. The shipping costs of return will be responsibility of the Customer. M2ITALIA can offer its couriers services and grant that the cost of return will not overpass the 30% of the Order price. After the Products have been returned to the Manufacturer, M2ITALIA shall cause that the Manufacturer shall verify the conformity of the Products with the conditions under article 6.2. Subject to the confirmation by the Manufacturer (via e-mail, according to paragraph 6.6 below) that such conditions have been met, M2ITALIA will refund the Products price to the Customers within 14 days from the date of the receipt of the returned Products. The Customer shall provide M2ITALIA with the bank details for the reimbursement of the Product price.

6.4.    The Customers will bear the risk of the delivery of the Products to the Manufacturer premises.

6.5.    The Customers shall not be entitled to withdrawal from the PO in the event the Manufacturer shall ascertain the lack or the damage of the Products outer packaging, the lack of the original packaging and of the Products’ components/parts, the damages due to causes not related to the shipping. In this case M2ITALIA shall manage the restitution of the Products to the Customers and shall not repay the Product price, in this case the return charges have to be borne by the Customers.

6.6.   As a consequence of returning Products to the Manufacturer, the sale contract will be deemed as effectively cancelled and all related obligations, rights or claims shall be equally deemed as cancelled, provided however that if Products returned to Manufacturer are damaged in any way, the Manufacturer and M2ITALIA will be entitled to retain payment of the value of the said Products.

 

7.  SUBSTITUTIONS

7.1.   The substitution procedure of the Products will be initiated in the following cases:
a. The Customers have been delivered products different from the ones ordered by the PO, if so the Customer shall abstain from opening the packaging and inform promptly M2ITALIA in order to allow the due verifications by the Manufacturer also through pictures of the delivered products;
b. The Products shall not be functioning from the first use or shall be defective;
c. The Product shall not be completed by the parts indicated on the Product page published by M2ITALIA.COM.
In the occurrence of the cases above, the Manufacturer shall bear any charge for the substitution.

7.2.   Any replacement of the Product will be made directly by the Manufacturer with the assistance of M2ITALIA to the extent the Products assured as not functioning or defective has not been used or damaged by the Customers.

7.3.    In the event more than one Product has to be replaced by the Manufacturer, the Customers shall have to return the Products by a single delivery.

7.4.   The Manufacturer shall be entitled to inspect the Products assured as defective before accepting the request of substitution. In the event the Products inspected shall be ascertained defective the Manufacturer shall substitute them at its expenses, M2ITALIA shall assist the Customer in this phase; in this case the Manufacturer shall reimburse the costs borne by the Customers to deliver the defective Products to the Manufacturer’s premises. In the event the Products inspected shall be ascertained as functioning and the Manufacturer shall not accept the request of substitution and the Customers shall be free to request the Product purchased at its expenses, if the Customers shall refuse this solution the Manufacturer shall be entitled to retain the Products and then M2ITALIA shall not be obliged to repay the relevant price.

 

8.  WARRANTY

8.1.   Terms and conditions of warranty covering products are provided by the Manufacturer and shall apply to the Products in respect of existing legislation.

8.2.   Should the Customer receive the Products with packages visibly damaged by the shipping company, immediately the Customer shall inform M2ITALIA which shall put the Customer in contact with the shipping company in order to manage directly with the shipping company the problem. For any shipment by M2ITALIA grant an “All risk” insurance.

 

9.  LIMITATION OF LIABILITY

9.1.   Giving the fact that the sale of the Products is performed by M2ITALIA.COM in the name and on behalf of the Manufacturer, M2ITALIA shall not be liable for any claim, damage, losses related to the Products including any product liability. Notwithstanding the above, M2ITALIA shall assist the Customer to manage directly with the Manufacturer any claim regarding the Products.

9.2.  M2ITALIA shall not be liable for any delay in the substitution and replacement of the Products due to the Manufacturer or the shipping company according to article 7.

 

10 DISCLAIMER

10.1.   The Customer shall indemnify M2ITALIA against any claim by third parties against M2ITALIA for the breach of their rights or the GTCs or any applicable laws. The Customer agrees to bear the costs of the necessary legal action, including any court costs and solicitor's fees, as incurred. This does not apply when the Customer cannot be held responsible for the violation of the rights of third parties or for any violations of the GTCs or any applicable laws.

10.2.   The Customer shall provide M2ITALIA with all information that may be required to verify the claims and to defend the case - immediately, truthfully and completely - in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the Customer.

 

11. COPYRIGHT AND RIGHT OF USE

11.1.   The content (ie, photos, drawings, videos, information relating to products) provided by the site M2ITALIA.COM is owned or legally used by M2ITALIA and protected by laws related to copyrights, use of databases and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding right holders (ie M2ITALIA / Producer / Distributor). This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms.

 

 12. PRIVACY

12.1.   The personal information provided by the Customers in the execution of the PO is treated as strictly confidential and used only to perform the PO and the connected services provided by M2ITALIA and M2ITALIA partners pursuant to the GCTs and not disclosed to third parties unless disclosure is required by law or is necessary for the completion of the sale and the delivery of the Products.

 

13. PARTIAL INEFFECTIVENESS

13.1.   Should one or more provisions of these GTCs be void, voidable, illegal or ineffective, this shall not give rise to total ineffectiveness of these GTCs.

 

 14. APPLICABLE LAWS AND JURISDICTION

14.1.   The GCTs and the sale of Products performed by the PO will be governed by the Italian laws with the exclusion of the UN Sales Convention and any referral to foreign laws. As Private Customer, any binding regulations of the state in which you have your ordinary place of residence remain unaffected.

14.2.   Any disputes shall be subject to the exclusive jurisdiction of the Court of Padua except as otherwise provided in favour of Private Customers by their local jurisdiction (i.e. the courts where the Private Customers shall be domiciled).

The following articles are deemed as expressly accepted by the Customers: 6, 8, 9, 10 and 13.1.