Terms and conditions of service

1. 1. Foreword

   Welcome to "www.ermannofirenze.com", the official on-line store of Manfra Italia s.r.l. (hereinafter the "Website"). The Website is managed and maintained by Manfra Italia s.r.l. with its registered office in Via Nuova Ponente 40/b, 41012 Carpi (MO), Italy, tax number, VAT number and registration number with the Register of Companies of Modena 03744260369 (hereinafter "MI").

   Access to and use of the Site are regulated by these General Terms and Conditions of Use (hereinafter the 'General Terms and Conditions'). The access to and use of the Website, as well as the purchase of products, presuppose reading these General Terms and Conditions as well as the General Terms and Conditions of Sale and imply their knowledge and acceptance.

   Should you disagree, in whole or in part, with the General Conditions of the Website, please do not use our website.

   Anyone who accesses and uses the Website implicitly declares that he or she is not using the Website for any purpose that is unlawful or otherwise contrary to applicable law.

   MI may modify or simply update, in whole or in part, these General Terms and Conditions. Changes and updates to the General Terms and Conditions will be notified to users on the Website Homepage as soon as they are adopted and will be binding as soon as they are posted on the Website in this same section.

   If any provision of these General Terms and Conditions of Use is found to be unlawful, void, or for any reason ineffective, its invalidity or ineffectiveness will not affect the validity or effectiveness of the remaining provisions.

   1. Website Content

   Access to and use of the Website, including viewing web pages, communicating with MI, downloading product information, and purchasing items from the Website, constitute activities carried out by our users exclusively for personal purposes unrelated to any trade, business or professional activity.

   The Website contains hyperlinks (hereinafter the "links") to other websites that have no legal connection or relationship with the Website itself. MI does not control or monitor such websites and their contents. MI cannot be held accountable for the contents of these websites and the policies adopted by them concerning both your privacy and the processing of your personal data during your browsing operations. We therefore advise you to be careful when accessing these websites via links on the Website and to read their terms and conditions of use and privacy policy carefully. These General Terms and Conditions of Use and Privacy Policy do not apply to websites managed by parties other than MI. The Website provides links to other websites solely to facilitate its users' search and navigation and to facilitate hypertext links on the Internet to other websites. Activation of the links does not imply any recommendation or recommendation by MI to access and navigate these websites, nor any warranty as to their content, services, or goods provided or sold by them to Internet users.

   1. Limitation of liability

   By accessing the Website you will be the one and only person responsible for the use of it and its contents. MI cannot be held responsible for the use of the Website and its contents by each of its users that does not comply with the laws in force, without prejudice to MI's liability for wilful misconduct and gross negligence. In particular, you will be the one and only person responsible for the communication of information and data that is incorrect, false, or related to third parties, without their consent, as well as in consideration of their incorrect use.

   Under no circumstances MI will be held accountable ( whether for contractual or extra-contractual reasons) for any direct, indirect, incidental, accessory or other kind of damage to property or non-property (including, by way of example only, damage for loss of profit or income, loss of data or programming, even if MI has been advised of the possibility that such damages may occur) deriving from the use of the Website and/or from any material that will be downloaded or obtained through the use of the service and of the Website by the user, including, but not limited to, damage to systems or computers or loss of data resulting from downloading operations, as well as any damage resulting from the inaccessibility to the services on the Website or caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems connected to the network, providers or telephone and/or internet connections, unauthorised access, alteration of data, failure and/or malfunction of the user's electronic equipment.

   The user is responsible for the storage and correct use of his or her personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that might arise against MI or third parties as a result of the incorrect use, loss or theft of such information.

   The user acknowledges that any proposal, project, concept, photograph, contribution or any other content and material (excluding personal data) communicated or sent to MI through the Website or by any other means does not constitute confidential material and will become, completely free of charge, the property of MI, which is not obliged to keep such material confidential, nor is it required to publish or disclose it, all of which is at the discretion of MI. The user, by the mere act of submitting such materials, ensures, by their submission, that they do not infringe in any way any third-party rights, including but not limited to rights related to copyrights, trademarks, patents, trade secrets, confidentiality and other proprietary or personal rights.

   1. Privacy Policy

   Please remember to read the Privacy Policy carefully - to understand how the Website collects and uses your personal information and for what purposes - this also applies if you access the Website, and use its services, but do not purchase any products.

   1. Intellectual Property Rights

   All content, in any format, published on the Website, including web pages, graphic designs, colours, patterns, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of the Website, are protected by copyright and all other intellectual property rights of Manfra Italia srl and MI and other right holders. Reproduction, in whole or in part, in any form, of the Website and its contents is forbidden without the express written consent of Manfra Italia srl and MI. Manfra Italia srl and MI have the exclusive right to authorise or forbid the direct or indirect, temporary or permanent reproduction in any way or form, in whole or in part, of the Site and its contents. Concerning the use of the Website, you are only authorized to:

   (i) Visualise the website and its contents;

   (ii) perform all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or incidental, and an integral and essential part of the very display of the site and its contents;

   (iii) all other navigation operations on the website that are performed only for the legitimate use of the website and its contents.

   Any further reproduction must be authorised on each occasion by Manfra Italia srl and MI or, as the case may be, by the authors of the individual works contained in the website. Such reproduction operations shall in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of Manfra Italia srl and MI and of the authors of the individual works contained in the website. The authors of specific works published on the Website have, at any time, the right to claim paternity of their works and to object to any distortion, mutilation or other modification of the works themselves, including any act to the detriment of their honour or reputation. You hereby agree to respect the copyright of the artists who have chosen to publish their works on the Website or who have collaborated with the latter in the creation of new expressive and artistic forms intended for publication, even non-exclusively on the Website, or which form an integral part thereof. Furthermore, you are not, under any circumstances, authorised to use, in any manner or form whatsoever, the contents of the website and any individual work protected by copyright and any other intellectual property right. By way of example, you may not alter or otherwise modify the contents and protected works without the consent of Manfra Italia srl and MI and, where necessary, of the individual authors of the works published on the Website.

   1. Applicable law and jurisdiction

   These General Terms and Conditions shall be governed exclusively by and construed in accordance with Italian law.

   If you are a consumer, please also refer to Legislative Decree No. 206 of 6th September 2005, containing the 'Consumer Code', as supplemented and amended, for the legal relationships governed by these General Terms and Conditions.

   Any dispute arising from or concerning the existence, validity, efficacy, interpretation and application of the General Conditions and any other agreement that refers to them and, in any case, any disputes connected thereto shall be referred exclusively to the jurisdiction of the Italian Courts and, in particular, the Court of Milan shall have jurisdiction, without prejudice to the exceptions set forth by mandatory regulations for the protection of the Consumer.

   1. Information

   If you need assistance and/or information about orders and shipments, refunds and returns of products purchased on the Website, suggestions and other general information about the services provided by the Website and MI, you can always contact MI by e-mail at customercare@ermannofirenze.com. For any other legal information, please see the General Terms and Conditions, Returns and Privacy Policy sections.

   1. Referral clause

   For matters not provided for in these General Terms and Conditions, please refer to the General Terms and Conditions of Sale, where applicable.

   1. Foreign language versions

   In the event of any discrepancy between the original Italian language text of these General Terms and Conditions and its translation into any other language, the original Italian text shall be considered the prevailing and binding version.

   GENERAL TERMS AND CONDITIONS OF SALE 

   1. Subject

   1.1. These general terms and conditions of sale (hereinafter also the "Conditions") apply to the purchase of "Ermanno Firenze" branded products (hereinafter "Products" or in the singular "Product") made through the e-commerce Website www.ermannofirenze.com (hereinafter the "Website") by users who qualify as "Consumers" pursuant to article 1.2 below. The Website is owned by Manfra Italia Srl, with a registered office in Carpi (MO), Via Nuova Ponente 40/B, tax number, VAT number and registration number with the Registrar of Companies of Modena 414066 hereinafter ("Owner").

   1.2. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - shall be deemed to have been made by the Consumer. - must be sent to the Owner at the addresses and in the manner indicated on the Site and to the e-mail address customercare@ermannofirenze.com.

   1.3. Each purchase is governed by the general conditions of sale in the version that will be published on the Website at the time of transmission of the order by the Consumer.

   1.4. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Individuals who are not Consumers are invited not to place purchase orders. If one or more sales are made to an individual who does not qualify as a Consumer, these Conditions shall apply, but notwithstanding the provisions of these Conditions:

   1. the purchaser will not be granted the right of withdrawal under Article 10;
   2. the purchaser will not be eligible for the warranty on the Products outlined in Article 8;
   3. the purchaser shall not be accorded any other protections, if any, provided herein in favour of the Consumer that reflect or conform to mandatory statutory provisions;
   4. the sales contract entered into between the Owner and the purchaser shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980;
   5. the purchaser shall not have the right to transfer to third parties, in the exercise of a professional or business activity, the Products purchased on the Website, under penalty of compensation for any damages in favour of the Owner or third parties damaged by such conduct.

    

   1.5. At the same time as the purchase order is submitted, the Consumer accepts that confirmation of the information relating to the order placed and these Terms and Conditions will be sent to him by e-mail to the address declared by him when registering on the Website or during the purchase process.

   1.6. To make purchases through the Website, the Consumer must be of legal age and have the capacity to act, which the Consumer claims to possess.

   1.7. Any costs for the Internet connection to the Website, including phone costs, shall be borne exclusively by the Consumer, according to the rates applied by the operator selected by the Consumer.

   1. Characteristics of Products and their availability in different geographical areas

   2.1. The Products are being sold with the features described on the Website and according to the Conditions published on the Website at the time the order is placed by the Consumer, to the exclusion of any other condition or term.

   2.2. The Owner reserves the right to amend these Conditions at any time, at its discretion, without the need to provide any prior notice to users of the Website. Any changes made will be effective as of the date they are posted on the Website and will apply only to sales completed on or after that date.

   2.3. Prices, Products for sale on the Website and/or the characteristics of the same, may be subject to change without notice. Such variations shall operate only for orders not yet confirmed on the date of such variation. In any case, before sending the purchase order according to point 3 below, the Consumer is invited to check the final sale price.

   2.4 The Website can be accessed from anywhere in the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the states that are indicated on the Website.

    

   1. Method of purchasing the Products - Perfection of each purchase contract

   3.1. The display of the Products on the Website, which is not binding on the Owner, is merely an invitation to the Consumer to make a purchase contract proposal and not an offer to the public.

   3.2. The purchase order transmitted by the Consumer to the Owner through the Website has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Owner, is required to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer will be asked to read carefully these Conditions and the notice on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their personal use. In addition, the Consumer will be asked to identify and correct any errors in entering his or her data, as well as to expressly agree, where necessary, to some of the contractual clauses that by law require specific approval.

   3.3. The Consumer's purchase order shall be accepted by the Owner by sending to the Consumer, at the e-mail address declared by the Consumer to the Owner at the time of registration with the Website or at the time of transmission of the order if the Consumer is not registered with the Website, an e-mail confirming the order, which shall contain a link to the text of these Conditions, a summary of the order placed, including a detailed indication of the price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer's purchase order, the Owner's order confirmation and the Conditions applicable to the relationship between the Parties shall be stored in electronic form by the Owner in its computer systems and the Consumer may request a copy thereof by sending an e-mail communication to the Owner at customercare@ermannofirenze.com.

   3.4. Each contract for the purchase of the Products shall be deemed to be concluded when the Consumer receives the order confirmation from the Owner by electronic mail.

    

   1. Procedure for selection and purchase of Products

   4.1. The Products presented on the Website may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to execute the purchase of the Products placed in the cart, the Consumer will be asked to (i) register on the Website, providing the requested data, or (ii) log in, if the Consumer is already registered or (iii) to provide his or her data to complete the order and allow the contract to be finalized. If the data provided in the purchase order are different from those provided when registering with the Site, the Consumer shall be asked to confirm his data (by way of example but not limited to first name, last name, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the order. The Consumer will see a summary of the order to be executed, the contents of which he/she may modify; then, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Website, further specifically approve, where required, some of the clauses of these Conditions and finally, through the "Insert Order" button, the Consumer will be asked to confirm his/her order, which will thus be definitively sent to the Owner and will produce the effects described in the previous par. 3.2. of the present General Terms and Conditions of Sale. The Consumer will also be asked to choose the shipping method and payment method, from those available. Should the Consumer decide on the immediate payment method (simultaneous with the purchase) by credit card, PayPal or immediate bank transfer, he/she will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Owner reserves the right to verify the general information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Owner to the Consumer.

   4.2. If, during the Product selection procedure on the Website referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products that he intends to select for subsequent purchase is lower than the price normally applied, net of any discounts and/or promotions in force at the time, due to an obvious technical problem on the Website, he is requested not to complete his purchase order and to report the aforementioned technical error to the Owner's Customer Service by sending an e-mail to customercare@ermannonnofirenze.com.

    

   1. Delivery and acceptance of goods

   5.1. The Website shows the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding on the Owner.

   5.2 The Owner undertakes to do everything within its power to comply with the delivery times indicated on the Website and, in any event, to execute the delivery within a maximum time of 30 (thirty) days from the day following the day on which the Consumer transmitted the order. In the event of failure to complete the order on the part of the Owner, due to the unavailability, even temporary, of the Product, the Owner shall notify the Consumer in writing and shall refund any sums already paid by the Consumer for the payment of the Product according to the following par. 5.3. If the Consumer has chosen a wire transfer as the method of payment, the delivery period begins upon receipt of payment by the Owner.

   5.3. The Products ordered by the Consumer will be shipped according to the method selected by the Consumer among those available and listed on the Website at the time the order is sent. The Consumer agrees to ensure promptly and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Owner of any defect in the Products received or of their non-conformity with the order placed, in accordance with the procedure set out in Article 8 of these Conditions, failing which the Products shall be deemed accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination manifestly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".

    

   1. Prices, shipping costs, taxes and fees

   6.1. The price of the Products is the one shown on the Website at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation transmitted by the Owner to the Consumer and which the same Consumer agrees to pay to the Owner in addition to the price indicated on the Website.

   6.2. The Consumer shall pay the Owner the total price as stated in the order and the order confirmation emailed by the Owner to the Consumer.

   6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and confirmed in the order confirmation, including any indirect tax (if applicable) shall be net of any customs duty and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price stated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is advised to check with the competent bodies in his country of residence or destination of the Products to obtain information on any duties or taxes applied in his country of residence or destination of the Products.

   6.4. Any additional costs, charges, taxes and/or fees that a given country may apply, for whatever reason, to the Products ordered under these Conditions shall be borne exclusively by the Consumer.

   6.5. The Consumer declares that the lack of awareness of the costs, charges, duties, taxes and/or fees referred to in paras. 6.3. and 6.4. above, at the time of sending an order to the Owner, shall not constitute grounds for termination of this contract and he shall in no way be able to charge the aforementioned charges to the Owner.

    

   1. Payments

   7.1. Payment of the price of the Product(s) purchased through the Website shall be made within the essential period of 7 (seven) days commencing from the date of transmission of the order confirmation from the Owner to the Consumer. The Consumer expressly agrees that the execution of the contract by the Owner shall commence when the price of the Product(s) purchased is credited to the Owner's bank account.

   7.2. Payment may be made by credit card, via PayPal or Wire Transfer under the conditions described below. The Owner may allow additional payment methods, indicating them in the payment section of the Website.

   7.3. If the payment is made by credit card, the consumer will be transferred to a secure site and the credit card details will be communicated directly to Adyen N.v., with registered office in Amsterdam (The Netherlands), Simon Carmiggeltstraat 6-50 1011 DJ, registered with the Amsterdam Chamber of Commerce under the number 34259528, which handles payments on behalf of the Owner. The transferred data will be sent in a protected mode, using 128-bit SSL (SecureSocketLayer) encrypted data transfer. Such data are not accessible even to the Owner.

   7.4. If the payment is made by wire transfer in favour of the Owner, the Consumer shall indicate the "Swift" and "IBAN" codes given in the order confirmation, as well as the order number.

   7.5. The Owner will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

    

   1. Owner's legal warranty of conformity, reporting of conformity defects, and warranty work

   8.1. According to and for European Directive 771/2019/EC and Italian Legislative Decree No. 206/2005 (hereinafter referred to as the "Consumer Code"), the Owner warrants to the Consumer that the Products will be free from defects in design and material as well as conform to the descriptions published on the Website for 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in the event of use or washing of the Product that does not comply with the Product's use and with the instructions/warnings in this regard provided by the Owner, or reported in the illustrative reference documentation, tags or labels, as well as for the case of accidental damage suffered by the Product during its use and wear and tear damage. The Owner also warrants that the Good will be of the quantity, quality, durability, functionality, compatibility and safety ordinarily found in a Good of the same type.

   8.2. The Consumer may report any defects and non-conformities by transmitting to Customer Service by e-mail to customercare@ermannofirenze.com, the appropriate form correctly filled out, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation transmitted by the Owner and/or the tax receipt). The action aimed at asserting defects not maliciously concealed by the Owner shall in any case be prescribed within the term of twenty-six months from the delivery of the Products to the Consumer.

   8.3. Following receipt of the form and the relevant documentation, the Owner will assess the defects and non-conformities reported by the Consumer through the Owner's support service and, after having carried out the qualitative checks suitable to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with an acknowledgement, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Website or when transmitting the order. The authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Owner has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 14 (fourteen) days from the reporting of the defect or non-conformity to the following address:

   Manfra Italia s.r.l. at Via Nuova Ponente 40/b, 41012 Carpi (MO), Italy

   8.4. In case of defects or non-conformities, the Consumer shall be entitled to the restoration of the conformity of the Product by the Owner, by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.

   If the Owner has undertaken to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to notify the Owner, again by e-mail to customercare@ermannofirenze.com, of the bank details for making the transfer in its favour and for the Owner to be put in a position to be able to return the amount due.

    

   1. Product liability for defective products

   9.1. Concerning any damages caused by defects in the Products, the provisions of the Consumer Code shall apply. 

   1. Intellectual Property Rights

   10.1. The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Website or relating to the Products, are and remain the exclusive property of Manfra Italia s.r.l and/or its assignees, without any right deriving to the Consumer from access to the Website and/or the purchase of the Products.

   10.2. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Manfra Italia srl.

   1. Consumer data and privacy protection

   11.1. To proceed with the registration, the placing of the order and therefore the conclusion of the contract based on these Conditions, certain personal data are requested through the Website from the Consumer. The Consumer acknowledges that the personal data provided shall be recorded and used by the Owner in accordance with and in compliance with the regulations set out in Italian law D.Lgs. no. 196/2003 as amended. - Privacy Code, to implement each purchase made through the Website and, subject to its consent, for any further activities as set out in the privacy policy provided to the Consumer through the Website at the time of registration.

   11.2. The Consumer represents and warrants that the information provided to the Owner during the registration and purchase process is correct and true.

   11.3. 11.3 The Consumer may at any time update and/or modify his/her data provided to the Owner through the appropriate section of the Website "My Account" accessible after authentication.

   11.4. For any further information on how the Consumer's data is processed, please access the Privacy Policy section as well as carefully read the General Conditions of Use.

    

   1. Security

   12.1. Although the Owner takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Owner cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorized third parties.

   12.2. The Owner, of credit card payment data uses the services of the company Global Collect Service BV, which adopts technological systems to ensure the highest levels of reliability, safety, security and confidentiality in the transmission of information via the web.

   1. Applicable law, mediation attempt and competent court

   13.1. Any contract of sale concluded between the Owner and the Consumers under these Conditions shall be governed by and construed following Italian laws and in particular by the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any case, the rights that may be attributed to Consumers by mandatory provisions of the law in force in the State of the latter shall be unaffected.

   13.2. In the event of a dispute between the Owner and a Consumer, we guarantee as of now our participation in an amicable conciliation attempt that each Consumer may promote before a mediation firm, to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in an amicable manner.

   14.3. 14.3 If the attempt at conciliation referred to in paragraph 13.2 above is not adhered to or such attempt is unsuccessful, the dispute shall be referred to the court of the place of residence or domicile of the Consumer.