Terms of service

GENERAL TERMS OF USE OF THE SITE

 

Welcome to the www.massimoalba.com website (hereinafter the "Site") which is owned by Massimo Alba S.r.l. Unipersonale with registered office at via Corsico, 8 - 20144 Milan (MI), Economic-Administrative Register no. 2110081, Share Capital 1,800,000.00 euros, entirely paid-up – VAT number 09721930965, Certified e-mail massimoalbasrl@pec.it (hereinafter also referred to simply as "Massimo Alba"). The Site is made available to users free of charge. Massimo Alba does not provide any warranty that the Site or its contents will be constantly accessible. Access to the Site is only allowed on a temporary basis. Massimo Alba reserves the right to suspend, delete, interrupt, or modify the Site, in whole or in part, at its sole and exclusive discretion, without prior notice. Massimo Alba shall not be liable towards users if, for any reason, the Site is not available, in whole or in part. Users shall be responsible for making the necessary arrangements to access the Site, and each user confirms and assures that they are aware of these General Terms of Use of the Site (hereinafter also referred to simply as the "Terms") and all other applicable terms and conditions, and undertakes to comply with them.

The Site is managed directly by Massimo Alba, with its registered office at Via Corsico, 8 - 20144 Milan (MI), Economic-Administrative Register no. 2110081, Share Capital 1,800,000.00 euros, fully paid-up - VAT number 09721930965 (hereinafter also referred to as the "Operator").

These Terms, together with the documents referred to therein, establish the conditions under which the User is allowed to use the Site, both as a visitor and as a registered user (hereinafter, the "User"). The use of the Site includes both browsing and registration on the Site.

Access to and use of the Site imply the reading, knowledge, acceptance, and compliance with these Terms by the User. By using the Site, the User also consents to the processing of their personal data by Massimo Alba, in accordance with the conditions set forth in Massimo Alba's Privacy Policy (hereinafter, the "Privacy Policy"), and guarantees that all data provided are correct. Should the User does agree with the Site's Terms, in full or in part, they must refrain from using or accessing it.

 

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

 

1.1 The contents and materials published on the Site, including but not limited to domain names, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, characters, registered or unregistered trademarks, distinctive signs, and any other material in any format, both graphic and non-graphic, published on the Site, including menus, web pages, graphics, colors, patterns, tools, fonts, and Site design, diagrams, layout, methods, processes, and functions that are part of the Site (hereinafter also collectively referred to as the "Materials"), are protected by copyright and/or any other intellectual or industrial property rights of Massimo Alba or any third parties who have authorized its use.

On the other hand, the software used for the Site is the exclusive property of the e-commerce platform Shopify, on which Massimo Alba has activated a subscription plan for creating its online store and establishing its own URL. Reproduction, in whole or in part, in any form, of the Site and the Materials is prohibited without the express written consent of Shopify and Massimo Alba, respectively. These rights are protected under applicable national and European laws, and international treaties.

1.2 The User is authorized solely to view the Site and its contents, using the services available therein. Furthermore, the User is authorized, provided that they do not have their own economic relevance, to carry out all other acts of temporary reproduction that are considered transient or accessory and an integral and essential part of the same viewing and use of the Site and its contents, as well as any other browsing operations on the Site that are performed solely for legitimate use of the same. The User is in no way authorized to make, in whole or in part, reproductions of the Site and its contents on any medium. Any act of reproduction must be authorized, from time to time, by Massimo Alba, or if necessary, by the authors of the individual works contained on the Site. Such reproductions must in any event be carried out for lawful purposes and in compliance with copyright and other intellectual and/or industrial property rights of Massimo Alba and the authors of the individual works contained on the Site. The authors of individual works published on the Site have the right, at any time, to claim authorship of their works and to object to any distortion, alteration, mutilation, or other modification of the works themselves, including any act that may harm the honor or reputation of their authors. The User undertakes to respect the copyright of artists who have chosen to publish their works on the Site. The User is not, under any circumstances, authorized to use, in any way or form, the contents of the Site and/or any individual work protected by copyright or any other intellectual and/or industrial property right. Any alteration or modification of the Materials and protected works is prohibited without the consent of Massimo Alba, and if necessary, of the individual authors. Should the User use the Site or engage in acts of reproduction in violation of these Terms, the User shall be automatically prohibited from using the Site and must, at the request of Massimo Alba, destroy or return the results of their violation, without prejudice to the right of Massimo Alba to seek compensation for damages.

 

  1. TRADEMARKS AND DOMAINS

 

2.1 All trademarks, including the "Massimo Alba" trademark, names, and distinctive signs present on the Site, including those used to distinguish individual products and/or services, are the exclusive property of Massimo Alba and/or the individual companies of its group (hereinafter also referred to as the "Massimo Alba Group"). Massimo Alba has the exclusive right to use these trademarks, names, and distinctive signs. Therefore, any unauthorized, unapproved, and/or unlawful use is strictly prohibited, and violations will have legal consequences and will be pursued in accordance with the law. The User is not permitted to use the trademarks, names, and distinctive signs on the Site in any way to unduly, directly or indirectly, benefit from their distinctive character or reputation or in a manner that causes prejudice to the Site and its owners. Similarly, the User is prohibited from using trademarks, names, or distinctive signs that may cause confusion with the trademarks, names, and distinctive signs on the Site or that may create confusion with those trademarks, names, or distinctive signs.

2.2 The domain massimoalba.com, as well as its various variations and subdomains, are owned by the Group. No use, even indirect, is allowed without the specific written authorization of Massimo Alba.

 

  1. LINKS TO THIRD-PARTY SITES AND THIRD-PARTY LINKS ON THE SITE

3.1 The Site may contain hypertext links ("links") to other websites that are not affiliated with the Site. Massimo Alba does not control or monitor such websites and therefore does not guarantee the content or data management of those Sites in any way. The User should carefully read the terms of use and privacy policies of the third-party websites visited, as these Terms and the Privacy Policy refer solely to the Site.

3.2 The activation of links on third-party websites to the Site is only possible with the prior consent and written authorization of Massimo Alba. Consent and authorization can be requested by contacting Massimo Alba at the aforementioned address or e-mail. The activation of unauthorized links will give Massimo Alba, also as the Operator, the right to take immediate action to deactivate the unauthorized links and to investigate any liability related to unfair business practices, unfair competition, or any other unlawful conduct that harms the reputation and integrity of Massimo Alba, its products, and its affiliated companies. The User is not authorized to create a link to the Site in a manner that suggests any form of association, approval, or consent from Massimo Alba, nor to create a link to the Site from any Site that is not owned by it. The activation of deep hypertext links (such as deep frames or deep links) to the Site or the unauthorized use of meta-tags is strictly prohibited.

 

  1. CONTENTS

 

4.1 Accessing, using, and browsing the Site are activities that can be freely conducted by the User solely for personal use and in no way related to any commercial, business, or professional activity. The User engages in the use and navigation of the Site independently, and therefore Massimo Alba and/or the Operator cannot be considered liable for any improper or unlawful use of the Site. Should any download activity result in damage to the device used or a loss of data, no liability can be attributed to Massimo Alba and/or the Operator, except in cases of willful misconduct or gross negligence. It is prohibited to use the Site: a) in a manner that violates the law or in illegal or fraudulent ways; b) with the intention of harming or attempting to harm minors in any way; c) for sending, receiving, uploading, downloading, using, or reusing material that is not in compliance with the Content Standards; d) for transmitting, or obtaining the transmission of, unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); e) for transmitting data, sending, or uploading any material that contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or other harmful programs.

4.2 The User agrees not to reproduce, duplicate, copy, or resell the content and/or images of the Site, the equipment or networks on which the Site resides, or the software used for the Site owned by the e-commerce platform Shopify, as well as the equipment, networks or software owned or used by third parties, in violation of the Terms.

4.3 If the User uses a function that allows them to upload content to the Site, they must comply with the Privacy Policy regarding the permitted use of the Site. The User will be liable towards Massimo Alba for any damages the latter may suffer in relation to the content and materials uploaded by the User to the Site.

4.4 All content uploaded by the User to the Site will be considered non-confidential, and Massimo Alba will have the right to use, duplicate, distribute, and disclose it to third parties for any purpose.

4.5 Massimo Alba reserves the right to disclose the User's identity to third parties who claim a violation of intellectual and/or industrial property rights or other rights related to the content uploaded by the User.

4.6 Massimo Alba shall not be liable towards third parties for the content published by the User on the Site and reserves the right to remove any content published on the Site by the User if, at its discretion, it is not in compliance with the Privacy Policy regarding the permitted use of the Site.

4.7 The opinions expressed by the User on the Site do not represent the opinions of Massimo Alba.

4.8 Massimo Alba declines any liability, whether contractual or non-contractual, towards the User for any damages arising from the inaccessibility of services on the Site, service interruptions, content deletions, problems related to the network, the provider, or telecommunication and/or electronic connections, unauthorized access, data alterations, or the non-functioning or defective operation of the User's electronic equipment.

4.9 The User is responsible for the custody and proper use of their personal information, including the credentials allowing for access to reserved services, as well as any harmful or detrimental consequences caused to Massimo Alba or third parties by incorrect use, loss, or theft of such information.

4.10 Massimo Alba has taken every reasonable measure to prevent the publication of content and images on the Site that may be considered offensive or harmful to decency, image, human rights, and the dignity of persons in all possible forms and expressions. However, if such content is deemed offensive to religious or ethical sensibilities or detrimental to decency, the concerned User is required to report it to Massimo Alba by writing to the e-mail address eboutique@massimoalba.com. Nevertheless, Massimo Alba warns that any access to content deemed offensive or harmful is solely at the User's own initiative and under their exclusive and personal responsibility.

4.11 Massimo Alba declares that all information and materials on the Site are provided for informational purposes only. The User cannot rely on them, and if they intend to make decisions based on such information or materials, they must seek specialized or professional advice. Massimo Alba has taken every reasonable precaution to ensure that all information and materials on the Site are accurate, complete, and up-to-date. However, Massimo Alba does not assume any liability towards the User for the accuracy and completeness of the content published on the Site, unless otherwise required by law. Should a User find any errors or outdated information on the Site, they are invited to notify Massimo Alba by using the e-mail address eboutique@massimoalba.com.

 

  1. CHANGES TO THE GENERAL TERMS OF USE OF THE SITE

 

5.1 These Terms may be updated and/or modified by Massimo Alba, at its sole and exclusive discretion, at any time. Those changes will take effect immediately upon being published on the Site, and therefore, it is recommended that the User regularly review this document. Massimo Alba also reserves the right to suspend the services connected to the Site at any time.

 

 

  1. DISPUTES RESOLUTION

 

6.1 In the event of disputes arising from the General Terms of Use between Massimo Alba and the User, the online Alternative Dispute Resolution (ADR) body of the Chamber of Commerce of Milan may be consulted (www.risolvionline.com).

 

  1. APPLICABLE LAW

 

7.1 These Terms are governed by the laws of Italy.

 


GENERAL TERMS OF SALE

 

The products and accessories of Massimo Alba S.r.l. Unipersonale (hereinafter, also referred to as the "Products") available for sale on the website www.massimoalba.com (hereinafter the "Site") are directly sold and invoiced by Massimo Alba S.r.l. Unipersonale, an Italian company with registered office at via Corsico, 8 - 20144 Milan (MI), Italy, Economic-Administrative Register no. 2110081, Share Capital of 1,800,000.00 euros, fully paid-up, VAT number 09721930965, certified e-mail (PEC) massimoalbasri@pec.it (hereinafter, also simply referred to as "Massimo Alba"). For any information regarding orders, shipments, and purchases more in general, it is possible to contact Massimo Alba's customer service using the following contact information:

  • telephone number: +390289415710
  • e-mail: eboutique@massimoalba.com

 

These general terms and conditions of sale of Massimo Alba (hereinafter, also referred to as the "Terms of Sale" or simply the "Terms"), along with the referenced documents, are published on the Site to allow the Customer to be aware of them, store them, and reproduce them in accordance with applicable regulations. They contain information regarding Massimo Alba, its Products, and their terms of online sale on the Site, in compliance with articles 45 et seq. of Legislative Decree no. 206 of 2005 and subsequent amendments and additions (hereinafter, also referred to as the "Consumer Code") and other applicable laws.

 

The resale or transfer of products purchased on the Site for any commercial or professional purposes is expressly prohibited.

 

  1. ACCEPTANCE OF THE GENERAL TERMS OF SALE AND CONCLUSION OF THE CONTRACT

 

         1.1 Massimo Alba offers the sale of products on the Site exclusively to the end consumers, meaning individuals who purchase them for purposes not related to their own commercial, entrepreneurial, artisanal or professional activities, if any (the "Customer"), and who are over 18 years old (or, if minors, authorized by their legal representative). Therefore, Massimo Alba reserves the right not to fulfill orders from individuals other than "consumers" or orders that do not comply with its own sales policies. The resale or transfer of products purchased on the Site for any commercial or professional purposes is expressly prohibited.

         1.2 The contract entered into between Massimo Alba (hereinafter also referred to as the "Seller") and the Customer shall be deemed concluded upon the acceptance, even partial, of the order by Massimo Alba. In the event of non-acceptance of the order, the Seller will promptly notify the Customer accordingly.

         1.3 Upon submitting the purchase order, in the various manners allowed, according to the order form on the Site (hereinafter the "Order"), the Customer declares that they have read all the information provided during the purchase process, including the Privacy Policy, and fully accept these general terms of sale (hereinafter the "Terms"). Submitting the Purchase Order by clicking on the "Proceed with Order" button will entail the obligation to pay the total price indicated. Orders from countries where online sale of the Products is not yet operational cannot be accepted by Massimo Alba.

 

         1.4 These Terms can be printed or saved on a durable medium, in accordance with Art. 12 of Legislative Decree no. 70/2003 and Art. 51 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014.

         1.5 In cases where Massimo Alba needs to communicate with the Customer in writing, in accordance with the methods and terms specified in this contract, Massimo Alba will use e-mail and the address provided by the Customer.

 

 

  1. METHODS OF PURCHASE

 

         2.1 The products offered for sale by Massimo Alba are solely those available on the Site at the time of placing the Order, as described and illustrated in their respective information sheets and photographic images.

         2.2 It is understood that the images accompanying the description of a product are for informational purposes only and may not perfectly represent its characteristics, including differences in color and size (due to technical specifications and color resolution of the browser and monitor used to access the Site and view the images). Therefore, Massimo Alba shall not be liable for any potential inadequacy of the graphical representations of the Products shown on the Site.

         2.3 To place an Order, the Customer must complete the relative form on the Site in its entirety and submit it following the instructions provided on the Site, after having carefully read and accept the Terms, the characteristics of the product(s) intended for purchase, the price (including all applicable taxes or fees), and the shipping costs (including any additional costs incurred for choosing a different or expedited shipping and delivery method than the standard option). The purchasing process is concluded when the Customer selects the appropriate order submission button, thereby confirming their Order Proposal, which will be sent directly to Massimo Alba. After the Order is submitted, the content of the Order Proposal can no longer be modified by the Customer. The purchasing process must be completed in its entirety, and if it is not, the Order Proposal cannot be submitted to Massimo Alba. The Customer may also request the issuance of a fiscal invoice for the purchase, if desired. Massimo Alba reserves the right to modify, at any time, the limits on the quantities of Products that can be purchased through the Site.

         2.4 The correct receipt of the Order is confirmed by Massimo Alba through an e-mail sent to the e-mail address provided by the Customer. That confirmation message will briefly restate the purchase conditions as required by applicable regulations, as well as the data entered in the Order by the Customer, so that they can review them and promptly communicate any necessary corrections of incorrect data. The confirmation of receipt of the order does not imply acceptance of the order by Massimo Alba. The acceptance of the order will occur as described in paragraph 2.5 below.

         2.5 If the ordered Product is available, Massimo Alba will send the customer an e-mail acceptance of the order and conclusion of the contract. The message will also include a copy of these Terms of Sale and the indications of the purchased Products, the purchase price, and the delivery times and costs. A copy of the concluded contract will be stored in the computerized archives of Massimo Alba for the period necessary according to applicable laws.

         2.6 If, on the other hand, the Product is not available, Massimo Alba will promptly notify the Customer, and in the event that the price has already been paid, will cancel the order and promptly refund the full amount to the Customer, within a maximum of 10 (ten) business days. In the event of only partial availability, the Customer will be promptly informed by Massimo Alba. Consequently, the Customer agrees to receive only the Products available, unless they have selected the option on the Site to receive the entire order. In that case, the Customer will be asked whether they prefer to receive the available Products, with only the corresponding amount being charged, or to proceed with the total cancellation of the order.

         2.7 In the event of an incorrect indication of the Product price on the Site, Massimo Alba will promptly inform the Customer of the error via e-mail, and the Customer may decide whether to proceed with the purchase or not. If the Customer chooses to cancel the order, Massimo Alba will promptly refund any amount already paid by the Customer, within a maximum of 10 (ten) business days.

         2.8 In any event, even after sending the e-mail confirming the acceptance of the order, Massimo Alba reserves the right to withdraw from the contract concluded in all cases where it declares that the acceptance was given by mistake. Massimo Alba will communicate this to the Customer via e-mail within 3 (three) business days from the date of conclusion of the contract, and will promptly refund any amount already paid by the Customer, within a maximum of 10 (ten) business days.

         2.9 If payment is refused, the order will be canceled, and Massimo Alba will promptly notify the Customer, who will have the opportunity to place a new purchase order and select a new method of payment.

         2.10 Massimo Alba reserves the right to vary and/or replenish the Products available for sale on the Site at any time without prior notice.

 

 

 

  1. PRICES AND METHOD OF PAYMENT

 

         3.1 The prices indicated on the Site are inclusive of taxes and VAT (the applicable rate at the time of shipment will be used), but do not include delivery costs, which are stated separately on the Site. Any shipping costs or payment fees will be communicated to the Customer in advance through the Site.          

         3.2 Purchases can only be made with a credit card and through PayPal, Satispay, and Scalapay, and the transaction will take place through a secure server chosen by Massimo Alba.

         3.3 In no event and at no stage of the credit card payment process, will Massimo Alba be able to access the Customer's credit card information transmitted through a secure connection directly to the site of the banking institution handling the transaction. No Massimo Alba computer archive will retain such data, and therefore Massimo Alba cannot be held liable for any fraudulent and improper use of credit cards by third parties during the payment process..

         3.4  The price of the Products is subject to updates, and therefore, before submitting the purchase order, the Customer must verify the final selling price of the Product to which the purchase order refers. Acceptance of the purchase order by Massimo Alba constitutes the conclusion of the sales contract and authorizes the deduction of an amount equal to the final price of sale. To this end, before submitting the purchase order, a summary will be provided of the final price of each selected product, the total amount in the case of purchasing multiple products, applicable taxes, and related shipping and delivery charges.

 

 

 

 

  1. DELIVERY OF PRODUCTS AND RELATED FEES

 

         4.1 The purchased products will be shipped and delivered by Massimo Alba and its logistics service providers, without undue delay, to the address indicated by the Customer in the Order, within the timeframe specified in the same Order and in any case within 30 (thirty) days from the date of conclusion of the contract, except in cases of force majeure, at the cost specifically indicated on the Site prior to Order submission. Massimo Alba reserves the right to accept or refuse deliveries outside of Italian or European borders. The shipping costs and delivery times for products outside of Italy are indicative and may vary, for which Massimo Alba cannot be held liable.

         4.2 Regarding deliveries requested in countries outside the European Union, any import customs duties will be borne by Massimo Alba, which has taken them into account for the determination of the unit price of the Products. Therefore, the Customer is advised to contact the customs authorities of their country in advance to verify the costs and any import limitations.

         4.3 As an alternative to delivery, the Customer may choose to pick up the products directly at the Massimo Alba monobrand boutiques that participate in the in-store pickup program, as expressly listed on the Site. In this case, upon the arrival of the products at the selected point of sale, the Customer will be notified via e-mail, and they will have 7 (seven) days from the date of receiving the aforementioned communication to proceed with the pickup by presenting a copy of the shipping confirmation e-mail and a form of identification. If the products are not picked up within the specified timeframe, the purchase contract will be automatically terminated, and the price will be refunded to the Customer. It will not be possible to make payment at the point of sale, therefore cash on delivery is not available.

         4.4 The delivery times indicated by Massimo Alba should be considered purely indicative and non-essential. A delay in delivery or any subsequent partial shipments shall not give the Customer the right to refuse the delivery or claim compensation. The Customer may request that Massimo Alba make the delivery within a reasonable additional period appropriate for the circumstances, in accordance with applicable regulations. However, the Customer reserves the right to immediately terminate the contract if the ordered Product is not delivered within the additional period, if specified, and to obtain a prompt refund of all amounts paid under the contract, as well as compensation for damages.

         4.5 Upon delivery of the products, the Customer must sign the delivery note after duly checking that the product(s) are intact and correspond, in nature and quantity, to those actually chosen, as indicated in the transport document, and that the number of parcels to that indicated in the transport document, and that the packaging is intact, undamaged, not wet, or otherwise altered, including the closure materials. Any damage to the packaging and/or the product, discrepancies in the number of packages or the indications, or any other issues related to the products must be immediately noted by adding a specific remark on the delivery document, which must be returned to the courier.

         4.6 Any issues regarding the physical integrity, correspondence, or completeness of the products received must be reported at the time of delivery and, in any case, within 14 (fourteen) days from the date of receipt or collection of the Products.

       4.7 The Customer assumes the risk of loss or damage to the Products only when they, or a third party designated by the Customer other than the carrier, physically take possession of the Products, in accordance with applicable regulations. In the event that the loss or damage to the Product occurs before the physical delivery to the Customer or a third party designated by the same, Massimo Alba will reimburse the amounts already paid by the Customer.

       4.8  In cases of force majeure or unforeseen circumstances, Massimo Alba shall not be liable for any delay or failure to deliver the Products, and within the limits provided by applicable law, Massimo Alba may terminate the contract, in full or in part, or suspend or defer its execution, promptly notifying the Customer at the e-mail address provided by the same.

 

 

  1. RIGHT OF WITHDRAWAL AND RETURNS

 

         5.1 The Customer may withdraw from the purchase contract for any reason, without the need to provide any justification and without any penalty, within 14 (fourteen) calendar days from the actual delivery or receipt of the products. In the case of a split order, this period starts from the day of delivery or receipt of the last Product.

         5.2 To exercise the right of withdrawal as mentioned in the previous Article 5.1, the Customer may follow the instructions provided in the "Returns and Refunds" policy on the Site. The Customer may use the dedicated return form available on the Site (the "Return Form").

         5.3 In the event of withdrawal, the Customer shall promptly return the products to Massimo Alba, within 14 (fourteen) days from the date on which the Customer has notified Massimo Alba of the decision to withdraw from the contract, using one of the following methods, at the Customer's choice:

  1. a) sending the product(s) subject to return to the address indicated in the Return Form, using the courier chosen by Massimo Alba and also indicated on the Return Form (this method of return will be at the expense of Massimo Alba and therefore will not entail any costs for the Customer);
  2. b) sending the product(s) subject to return to the address indicated on the Return Form via a courier chosen and directly appointed by the Customer (in this case, the Customer shall bear all shipping costs and expenses);

         5.4 The products must be returned in their entirety, complete with all their parts, and possibly used only and exclusively for the time and purposes strictly necessary to establish and verify their nature, characteristics and size, with due diligence and without any signs of deterioration, damage, or dirt, in their original packaging, accompanied by all the labels received, in compliance with the following conditions:

  • the right of withdrawal can be applied to the purchased product in its entirety; it is not possible to exercise withdrawal only with reference to part of the purchased product (e.g., accessories, additions, etc.);
  • for the withdrawal to be possible, the product must be intact and complete in all its parts (including the accessory equipment: labels, tags, seals, etc.);
  • the return shipment referred to in Article 5.3, letter a), will be made by courier at the expense of Massimo Alba, under its responsibility, including any damage, theft, or loss of the Products, without prejudice to its rights in regard to the carrier;
  • if, on the other hand, the Customer decides to use a different shipping method from the one indicated by the Site in the Return Form, in accordance with Article 5.3, letter b), the return of the purchased products will be at the Customer's expense. In this case, the Customer will be solely liable for any loss, theft, or damage to the Products that occurs during the return shipment, except in cases of force majeure. In the event of damage to the goods during transportation, Massimo Alba will notify the Customer to allow them to promptly file a complaint with the courier and obtain the corresponding refund. The product will then be made available to the Customer, and the request for withdrawal will be canceled. If the Customer chooses not to use the courier indicated by the Site, they must return the goods or deliver them to Massimo Alba at the following address: Via Brera 8, 20121, Milan, Italy. The deadline will be considered met if the Customer returns the Products before the expiration of the 14 (fourteen) day period. However, Massimo Alba reserves the right to seek compensation for any damages incurred.

 

 

         5.5 Massimo Alba will proceed to refund the Customer the full amount already paid (including shipping and delivery costs incurred by the Customer, in the case provided for in Article 5.3, letter a), without undue delay and in any case within 14 (fourteen) days from the date on which Massimo Alba was informed of the Customer's withdrawal, by reversing the charged amount using the same payment method used by the Customer for the initial transaction, unless otherwise agreed in writing by the parties. In any case, the Customer will not incur any costs as a result of that refund. The aforementioned refund will be made through a credit of the amount paid by the Customer using the same payment method used for the purchase unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any costs as a result of the refund. Massimo Alba will confirm the refund of the price to the Customer by e-mail. Massimo Alba may suspend the refund until the returned product is received intact or until the Customer demonstrates that they have correctly returned the product intact to the correct destination address, whichever occurs first. Massimo Alba may also retain the refund until the goods are received from the Customer or until the Customer has provided evidence of returning the goods, depending on which situation occurs first. In any case, the Customer cannot return the product if the purchase concerns a personalized product.

         5.6 After the return of the products, Massimo Alba will carry out the necessary checks regarding their condition and that of the packaging, as well as compliance with the conditions and terms indicated in this article. In the event that the checks do not indicate positive results, Massimo Alba will communicate to the Customer, via e-mail, any observed decrease in the value of the returned products resulting from the failure to comply with the aforementioned conditions. At the same time, Massimo Alba will communicate the amount that will be deducted from the refund. Alternatively, the Customer shall have the option to retrieve the products at their own expense in the condition in which they were returned to Massimo Alba. In any case, the return of the Products under this article is only allowed in relation to purchases made on the Site.

         5.7 Massimo Alba reserves the right to refuse the return of those Products that appear to be damaged, deteriorated, dirty, or in a condition that clearly indicates they have been used for purposes other than the necessary checks by the Customer to ascertain the nature and characteristics of the Product purchased. In the event of refusal of the return, Massimo Alba will send a specific communication to the Customer and will not proceed with the refund of the price paid by the same, and shall also reserve the right to request the return of any sums already reimbursed and to seek compensation for any damages attributable to the Customer's conduct.

         5.8 In the event of forfeiture of the right of withdrawal, Massimo Alba shall return the purchased product to the sender, charging the sender for the shipping costs, and if already reimbursed, the price of the product.

 

  1. WARRANTIES

 

         6.1 All products sold by Massimo Alba are covered by a 24 (twenty-four) month warranty from the date of their delivery, solely for manufacturing defects and non-conformities, in accordance with Title III of Legislative Decree no. 206/2005 and subsequent amendments and additions. To benefit from the warranty, the Customer must present the invoice or payment receipt. However, the Customer must report any non-conformities within 2 (two) months of their discovery, under penalty of forfeiture. Actions aimed at enforcing defects and non-conformities are subject to a limitation period of 26 (twenty-six) months from the delivery of the Product.

         6.2 The warranty shall be valid and effective provided that the product has been used correctly, according to its intended purpose and in compliance with the instructions for use and washing contained on the product label or provided together with the product.

         6.3 In the event that, for any reason, it is not possible to restore the conformity and functionality of the Product through repair or replacement, or if repair or replacement is objectively impossible or excessively costly for Massimo Alba, due also to the value of the product, the Customer shall have the right, if one of the cases provided for in Article 130 of the Consumer Code occurs, to a reduction of the purchase price or to terminate the contract with a consequent refund of the full amount paid to Massimo Alba.

         6.4  The warranty will not apply if the reported defects and/or non-conformities are due to the fault, negligence, or intentional misconduct of the Customer, or if they are attributable to the Customer and not attributable to Massimo Alba, including, but not limited to, incorrect use of the Product and/or its parts, accessories, and components that do not comply with its nature, characteristics and intended purpose, as well as non-compliance with the instructions for use and washing that accompany the Product, tampering, and modifications and/or alterations not expressly authorized writing by Massimo Alba.

 

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

     7.1 The contents and materials published on the Site, such as, for example, the "Massimo Alba" trademark, domain names, works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, characters, registered or unregistered trademarks, distinctive signs, and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, patterns, tools, fonts, and the design of the Site, diagrams, layouts, methods, processes, and functions that are part of the Site (hereinafter, collectively, the "Materials"), are protected by copyright and/or any other intellectual or industrial property rights of Massimo Alba or any authorized third parties. On the other hand, the software used for the Site is the exclusive property of the e-commerce platform Shopify, on which Massimo Alba S.r.l. Unipersonale has activated a subscription plan for the creation of its online store and the realization of its URL. The reproduction, in whole or in part, in any form, of the Site and its contents and materials is prohibited without the express written consent, respectively, of the Shopify platform and Massimo Alba. These rights are protected under applicable national and European laws, and international treaties.

 

         7.2 The Customer is prohibited, among other things, from sending, receiving, copying, uploading, downloading, reproducing, translating, modifying, altering, distributing, disseminating, publicly transmitting, using, or reusing in any way or form, in whole or in part, the Works, outside of the activities strictly necessary for the use of the Site and the purchase of the products available therein.

 

  1. CLAIMS AND REQUESTS FOR INFORMATION

 

         8.1 Any claims or requests for information may be addressed to Massimo Alba through the following customer service contacts eboutique@massimoalba.com clicking here.

 

  1. PRIVACY

 

         9.1 Personal data collected upon placing the Order will be processed to fulfill the Customer's express requests, in compliance with Legislative Decree 196/2003 and the Sales Privacy Policy available on the Site. Any further processing will be carried out only with the express consent of the Customer.

 

  1. APPLICABLE LAW AND JURISDICTION

 

         10.1 The sales contract governed by these Terms, its interpretation, execution, and validity are governed by Italian law, in particular Legislative Decree no. 206 of 6 September 2005, and subsequent amendments and additions (the Consumer Code) under Chapter I "Consumer Rights in Contracts," with specific reference to the legislation on distance contracts, Legislative Decree no. 70 of 9 April 2003, implementing Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the internal market, with the exclusion of conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. For the resolution of any disputes, the competent court, with exclusive and non-derogable jurisdiction, shall be the court of the place of residence or domicile of the Customer, if located within the territory of the Italian State. If the Customer does not have a residence or domicile in the territory of the Italian State, they may choose to bring an action before the court of their own state of residence or domicile or the Court of Milan, where Massimo Alba has its registered office.

         10.2 In the event of disputes arising from these Terms, the online Alternative Dispute Resolution body of the Milan Chamber of Commerce www.risolvionline.com may also be contacted in advance.

         10.3 Alternatively, according to Article 14 of EU Regulation 524/2013/EU, the Customer is informed that they may initiate one of the out-of-court dispute resolution procedures, including for cross-border disputes, provided for by applicable legislation, and for this purpose, they may use the online platform made available by the European Commission, accessible at http://ec.europa.eu/odr.

 

  1. Amendments and updates

 

         11.1 These Terms may be modified and/or supplemented by Massimo Alba, at its sole and complete discretion, at any time, including as a result of any regulatory changes. The new Terms will be effective from the date of publication on the Site, solely in relation to purchases made after such date.

         11.2 The replacement of these Terms with a new version automatically renders them ineffective, inapplicable, and unenforceable against Massimo Alba in relation to purchases made after their removal from the Site, even if these Terms are still accessible or available to Users through other websites, different from the Site.