II. Contract Stipulation
The sole use of the E-Shop by the User is not sufficient for the purpose of stipulating the contract between the User and Malloni and consequently it does not lead to any claim of a contractual or non-contractual nature vis-à-vis Malloni. The User must register on the website to access the E-Shop, typing in a “username” and a “password” (“Access Credentials”). The User's data are only registered to enable Malloni to handle the purchase procedure and related payment and it does not constitute an act of contract stipulation. To register correctly, a “username” and password must be typed in. The User is prohibited from entering incorrect data, and/or invented, and/or imaginary data during the preliminary registration for use of the E-Shop. The User takes responsibility ensuing for any activity carried out, also by third parties, through the use of his/her Access Credentials and (s)he is obliged to notify Malloni immediately of any violation or removal of his/her Access Credentials by third parties. The display of Products in the E-Shop does not constitute a contractual offer by Malloni, but a mere invitation to offer. The order sent by the User, by clicking the button called “confirm order” in the section entitled “Proceed with Purchase”(“Order”) constitutes a contractual purchase offer. Once it has received the User's Order, Malloni will send an e-mail notification to the address specified by the User, to confirm receipt of the Order and specify details of the Order in question (“Order Receipt Confirmation”). This Order Receipt Confirmation does not constitute an acceptance of the User's Order, but its purpose is merely to inform the User that Malloni has received the Order correctly. The sales contract between the User and Malloni is only stipulated when Malloni informs the User by e-mail that the Order has been accepted and that the Product has been shipped (“Shipping Confirmation”)
III. Right of cancellation
By exercising his right of cancellation, the User may cancel his/her order within 14 (fourteen) days of receipt of the Product. This cancellation must be made by: a) written notification sent to Malloni by registered letter with advice of receipt within the above time frame, or, alternatively b) written notification sent to Malloni by telegram, telex, fax or e-mail, within the above time frame, provided that the notification is then followed by a registered letter with advice of receipt within the next 48 hours. If the Product has already been delivered, the User must return it within the above time frame at his/her own expense, using either the return procedure or the exchange procedure. The General Terms and Conditions herein do not exclude the User's obligation to keep the Products after delivery and to return them intact. Notification of Cancellation and/or the returned Product must be sent to the following address: Malloni – Via G. Marconi, 109 – Casalecchio di Reno (Bo) Consequences of cancellation When the right of cancellation has been exercised validly by the User, Malloni will refund the User the corresponding price within 30 (thirty) days of cancellation. This period commences on the date of receipt of notification of cancellation. The products must be returned by postal parcel. Should Products fail to have been returned, in full or in part, or should they be returned but damaged, Malloni is entitled to claim compensation from the User.
IV. Method of payment, prices and shipping costs
The prices specified in the E-Shop include VAT. The final price is as specified in the E-Shop when the order is placed. The VAT amount is specified separately in the accompanying invoice which is sent together with the Product. The ”Basic” shipping method is payable by the User. “Express” shipping costs are payable by the user as specified in the E-Shop. The Product is delivered only in the countries listed above and no deliveries to postal box addresses can be made. As specified in Article I of the General Terms and Conditions herein, presentation of the Products in the E-Shop is intended solely for Users who are residents in Italy who specify a delivery address in this country. Users who are residents outside Italy must access the E-Shop via the specific section dedicated to their Country of residence. Malloni has made every effort to be able to process an Order within 4 (four) working days from receipt of the same Order. The courier service is in operation from Monday to Friday between 9 am and 5 pm. Orders received on a Saturday, a Sunday or a public holiday will be processed from the following working day. Barring unforeseen circumstances beyond the control of Malloni, the Product will be delivered to the User within 5 (five) days of delivery to the courier. This delivery time is indicative and not binding. Malloni will not be held in any way liable for any prejudice ensuing from delivery delays. In the event of failed delivery to the delivery address specified in the Order by the User, a second delivery attempt will be made at the same address. Should the courier still be unable to deliver the Product during the second attempt, the Product will be stored in the courier's warehouse nearest to the delivery address and notification for the User will be left, along with the necessary instructions for collection. Payment for the Order must be made on-line by credit card (VISA, MASTER, AMEX).
V. Reserved property rights
Until full payment of the price and of any additional credit by Malloni from the User, the Product delivered remains the property of Malloni and the User may not put it in place or use it.
VI. Liability for defects
Should the User believe that the Product does not conform to the Contract or that it is defective, (s)he shall provide immediate notification thereof in the dedicated section of the E-Shop (“Claim Form”) specifying which Product the claim concerns and the defects or differences encountered. The disputed Product must be returned to Malloni together with a print-out of the Claim Form. Malloni will examine the Disputed Product and inform the User by e-mail whether (s)he is entitled to a refund of the price or to a Product replacement. Any refund will cover the purchase price paid by the User and any expenses incurred to return it. The refund or replacement will take place within 30 (thirty) days of the e-mail notification in which Malloni notified the User that (s)he is entitled to the refund or to the Product replacement. Malloni is not liable for Product defects caused by delivery made by third parties, with the exception of the case specified in section VII. Malloni is not liable for damage ensuing from incorrect Product use, its alteration, normal wear and tear or negligence in Product care. The above points 1, 2, 3 and 4 must not be understood to be with prejudice to the User's rights, envisaged by the applicable laws.
VII. Liability for breach of contract
Liability for breach of contract on the part of Malloni is limited to reimbursing the damage that is a direct consequence of this breach and, in any case, such liability is understood to be limited to the price of the Product.
VIII. Extracontractual liability
In the case of negligence or serious fault Malloni is liable pursuant to the law. Insofar as the law allows, Malloni will not in any case by liable for indirect damage caused by the Product delivered to the User (consequential loss), such as, for example but in no way limited to, damage caused to other goods. Compensation for indirect damage and any other claim made of Malloni which is not included in Articles VII and VIII of the General Terms and Conditions herein is expressly excluded, with the exception of the liabilities attributed to Malloni by the law in the event of injury or death.
IX. Copyrights and trademarks
All the advertising contents in the malloni.com website, including texts, documents, logos, pictures, graphics, videos, their arrangement and adaptation are subject to intellectual property laws and are protected by copyright. Strictly no copying, altering, translating, distributing, using, archiving, publishing on other websites of these contents without the prior written authorisation of Malloni . Any contents and contributions made by third parties are marked as such. Downloading, displaying and printing of the contents of this website is permitted only for personal use and does not confer any right or claim on the part of the user on this material. The "espadrilles" trademark is a registered trademark owned by Malloni S.n.c.. Malloni uses the “Malloni” trademark as its company ID with which it broaches the market.
X. Final provisions
Without prejudice to the limits envisaged by the law, any claim on the part of the User caused by the breach of contractual obligations and/or other obligations on the part of Malloni is excluded in the case of events of Force Majeure, such as, for example but in no way limited to, mobilisation, war, revolt and similar events such as fires, accidents, strikes, embargoes or export restrictions or other events in any case not ascribable to Malloni. Malloni's failure to exercise the rights ensuing from the general terms and conditions herein does not entail a waiver of such rights and does not compromise the right of Malloni to exercise these rights at a later date. The User is therefore not released from his/her commitments to fulfil in full and on time his/her obligations envisaged by the General Terms and Conditions herein. Any disputes ensuing from the General Terms and Conditions herein are subject to the jurisdiction of the court of residence of the User or, at the User's choice or on his/her initiative, to the jurisdiction of the Court of Bologna. If the User, contrary to his/her declarations during the ordering process, is not a resident of the Italian Republic or if, following stipulation of the contract, (s)he moves his/her residence outside Italian soil, or in the case that at the time of taking legal action against Malloni, his/her exact residence is unknown, the court with jurisdiction for any disputes arising from or in connection to the General Terms and Conditions herein is Bologna. The General Terms and Conditions of Sale herein are governed by Italian law, including the Consumer Code and the law on E-commerce pursuant to Italian Legislative Decree of 9th April 2003, no. 70. In any case, without prejudice to the rights envisaged by the necessary application regulations, envisaged by the laws in force in the User's Country of residence. The invalidity or ineffectiveness of one of the clauses herein will not entail the invalidity or ineffectiveness of the General Terms and Conditions of sale on the whole, which will therefore continue to be fully in effect and binding. The parties undertake to negotiate in good faith and to replace invalid or ineffective clauses with clauses that are not invalid or ineffective and the contents of which shall conform to the previous contents. Amendments and supplements to the General Contract Terms and Conditions herein must be made in writing; notifications and any declarations relating to the contractual relations must be made in writing and sent to Malloni's address as specified herein above and to the User's address as specified for the delivery of Products.