ARTICLE 1 – DEFINITIONS, SUBJECT MATTER AND APPLICABLE LEGISLATION
1.1 Definitions
In these general conditions of sale:
"Customer" means any person, whether or not he has completed the registration process, who purchases one or more products through the Site, whether a consumer ("Consumer Customer") or a professional ("Professional Customer").
"Cibafil" means the online sales store, published on the www.maliziasexshop.com website, called "Cibafil" based in Palermo, via Veneto 5, registered in the Register of Companies of Palermo, registration number 454809, VAT number IT07375500829. Phone: 366-8149750 E-mail:info@maliziasexshop.com
"Site" means, the website www.maliziasexshop.com.
1.2 Seller and legislation applicable to this contract of sale
Cibafil will act as a party to the seller of all products that the Customer chooses to purchase through the Site and to receive at home. The sale of products purchased through the Site is governed by these general conditions as well as, as applicable, by the provisions of the Consumer Code and Legislative Decree no. 70/2003 and the provisions of the Civil Code, although not provided herein.
ARTICLE 2 – PURCHASE ORDER, CONCLUSION OF THE CONTRACT, ORDER STATUS
2.1 Offer of products and services on the Site
The offer of products that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by Cibafil as described below.
The characteristics of the products offered on the Site are described in the specific information sheets published on the Site. We invite you to read them carefully and to understand that some products, even if present on the Site, may not always or immediately be available. In the information sheet of each product it is clearly indicated whether the product you have selected is:
- "available": means that the product is physically present in Cibafil's warehouse.
In this case, the Customer can immediately proceed with the purchase of the relative product by sending the purchase proposal, according to the methods indicated on the Site.
2.2 Confirmation of receipt of the order and its acceptance
After sending the purchase proposal, the Customer will immediately receive an e-mail containing the confirmation of receipt by Cibafil and the identification number assigned to the purchase proposal.
In the case of "available" products, the Customer's purchase proposal will be considered immediately accepted by Cibafil. Therefore, the e-mail confirming receipt will also be valid as confirmation of acceptance. Cibafil will proceed directly to the shipment of the products purchased by the Customer in the times and in the manner indicated in these general conditions.
2.3 Order status updates
In addition to the updates that will be sent by Cibafil via e-mail, the Customer can check the status of his order at any time also in the dedicated section of the Site.
ARTICLE 3 – PRICES AND CHARACTERISTICS OF PRODUCTS
3.1 Products on offer
For products on offer and for some special promotions, please refer to the relevant regulations on the Site.
3.2 Prices
The prices of the products offered on the Site include VAT, while they do not include any transport costs and / or other additional services that may be requested by the Customer.
The price of the products shown on the Site in the relevant technical data sheets is that in force at the time of sending the purchase proposal by the Customer, as viewable by the Customer on the Site at the time of choosing the product as well as within the proposal itself.
Notwithstanding all the foregoing, Cibafil reserves the right to change at any time, at its sole discretion and without notice, the price of the products from time to time on the Site, without therefore providing any guarantee that the sale price of the products will remain available on the Site or unchanged for a certain period of time.
3.3 Description of Products
The product sheets on the Site contain the description of the characteristics of each product. The images and photos used in support of each description of the products are merely indicative and may not be perfectly representative of the characteristics of the product itself.
ARTICLE 4 – PAYMENT
4.1 Accepted payment methods
The products purchased by the Customer through the Site can be paid alternatively, with:
- Credit card
- PayPal
- Bank Transfer
(1) Credit card
In the event that the payment method chosen by the Customer is the charge on the credit card, at the end of the order the Customer will be directed to the payment page where he can complete the transaction.
At no time during the payment process, Cibafil is able to know the information relating to the credit card, credit card number or financial, patrimonial and personal information of the customer. The payment order is, in fact, transmitted – via a secure connection – directly to the portal of the bank or financial company expressly indicated, at the time of confirmation by the Customer.
Cibafil in no case is responsible and can not be held responsible for any fraudulent and illegal use of credit cards that may be made by third parties during the purchase and payment process of the products.
Cibafil reserves the right not to accept a purchase proposal or to suspend the execution of proposals already confirmed in the event of anomalies or irregularities in payment. In this case, Cibafil reserves the right to request additional information from the customer and/or to send copies of documents proving ownership of the credit card used for the purchase. In the absence of the required documentation, Cibafil reserves the right not to accept the purchase proposal or to terminate any contract already concluded, without this giving the Customer any right to claim damages or to assert other claims.
(2) PayPal
If the Customer has chosen to purchase through the PayPal payment method, at the end of the order the Customer will be directed to the PayPal login page and the payment will be managed according to the rules governing the account maintained by the Customer directly with PayPal. In this case, therefore, the amount for the purchase of the product will be charged immediately upon sending the order by the Customer according to the conditions applied by PayPal same.
(3) Bank Transfer
Payment for Products purchased on the Site can be made by bank transfer. The bank details for making the transfer will be indicated on the "order confirmation" page and in the order confirmation e-mail.
The payment of the Products by bank transfer must be made no later than 7 calendar days from the date of the order. Once this period has expired, the contract may be considered terminated by law, with consequent reimbursement of the Total Amount Due possibly paid late. The termination of the contract will be communicated to the user by e-mail and the amount paid returned in the same manner used by the customer.
In the case of payment by bank transfer, the Shipment of the Products will be made only after receipt by Cibafil of the transfer. Consequently, the delivery terms of the Products will start from that date.
To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate the order number in the reason for the bank transfer.
4.2 Payment security
In the case of payments made online, the data provided by the Customer are transmitted in a secure manner that prevents others from reading.
The Site is certified by the company GeoTrust, Inc. (as well as can be verified by the Customer through the certificate that will appear by clicking on the image of the closed padlock visible in the browser bar).
In addition to the foregoing, the application software used to manage the Site is the SSL (Secure Socket Layer) protocol, to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for transaction security.
To be sure you have a secure connection, use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and following), Opera, Safari or Chrome capable of transmitting encrypted data through the MaliziaSexShop server.
To find out if you are in a secure connection, simply check that there is the prefix "https" instead of "http" in the address of the page, and that the image of the padlock visible in the browser bar is "closed".
ARTICLE 5 – DELIVERY OF PRODUCTS PURCHASED THROUGH THE SITE
5.1 Place of delivery
Cibafil will deliver the products to the address indicated by the Customer in the purchase order.
5.2 Delivery times and storage
The Products indicated as "available" will be delivered within the deadline indicated in the relevant product sheet and / or in the e-mail confirming acceptance of the purchase proposal, and in any case no later than 10 (ten) working days from the sending of the e-mail confirming acceptance of the purchase proposal.
In the event that the products cannot be delivered within the terms indicated in the preceding paragraphs, Cibafil will contact the customer, within 2 (two) working days from the expiry of the indicated deadline providing information on the status of the shipment, without prejudice to the Customer's right to obtain reimbursement and further remedies provided for by art. 61, paragraphs 3-7 of the Consumer Code.
In case of purchase of several products of different types, Cibafil reserves the right to deliver individual products with different times and deliveries. This choice of Cibafil will not entail, for the Customer, any increase in costs.
5.3 Verification of products by the Customer
The customer is required to verify, upon receipt of the ordered products:
(a) if the packaging is intact;
(b) if the delivered product conforms to your purchase order.
5.5 Invoice
The invoice for the products purchased through the Site will be issued at the explicit request of the customer.
5.6 Shipping costs
An amount may be added to the price of the product purchased by the Customer through the Site as shipping costs. This amount is calculated automatically by the Cibafil system and varies according to the size of the products and the place of delivery. This amount will be indicated in the purchase order before it is sent by the customer.
5.7 Unavailability of a product
Cibafil undertakes to do everything possible for the satisfaction of its Customers and for a rapid and efficient processing of orders sent through the Site. However, it may exceptionally happen that a product indicated as "available" and for which the Customer has made payment at the time of sending the order, is no longer available at the time of taking charge of the purchase proposal by Cibafil. In this case, Cibafil will immediately notify the Customer by e-mail. In the face of this disservice, and in addition to the legal remedies, the Customer will also receive a coupon from Cibafil. In this case, the determination of the value of the coupon and/or the categories of products for which it is valid will be evaluated by Cibafil in relation to the circumstances of the individual purchase.
ARTICLE 6 – RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
6.1 Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within 14 (fourteen) days of receipt of the product at home without any penalty and without having to provide any reason.
In the case of separate delivery of several products, ordered by the Consumer Customer with a single order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last good is delivered.
6.2 The Consumer Customer must communicate the intention to withdraw from the contract in one of the following ways:
(a) by e-mail by filling out the withdrawal form in the My Orders section;
(b) or by fax to 091/453983 or by registered letter with acknowledgment of receipt to the address:
Ci.Ba.Fil di Cino Alfonso
Via Veneto, 5
90144 - Palermo (PA). (c) by completing and submitting the standard form in accordance with the All. B of Legislative Decree 21/2014 or any other written declaration expressing the intention to withdraw from the contract.
6.3 Cibafil will confirm to the Consumer Customer without delay, by e-mail to the e-mail address communicated during the purchase procedure on the Site, the receipt of the declaration of withdrawal exercised and will provide the Customer with instructions to proceed with the return of the relative product (s).
6.4 In accordance with the provisions of Article 59, lett. c) and d) of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal for products made to measure or clearly personalized or that risk deteriorating or exploring rapidly.
6.5 Regarding the state of the goods, they must be in a normal state of conservation. The consumer is liable only for the decrease in value resulting from handling other than "normal" and necessary to verify the nature, characteristics and functioning of the goods.
6.6 The products for which the right of withdrawal is exercised must be returned within 14 days from the day on which the Consumer Customer has communicated the intention to withdraw, substantially intact, in their original packaging, complete with accessories and any manuals, without any lack, to the following address: CiBaFil, Via Veneto 5, 90144 Palermo (PA).
6.7 The transport costs for the return of the products are charged to the Customer, as required by Article 57, paragraph 1, of the Consumer Code.
6.8 Cibafil will refund the price paid by the Consumer Customer within 14 days of receipt of the returned products and after checking the status of the same, using the same payment method used by the Consumer Customer at the time of purchase. The times for crediting the amount paid will be those applied by the payment circuit used by the Customer when ordering the product.
ARTICLE 7 – MODIFICATIONS AND PARTIAL INVALIDITY
Cibafil reserves the right to make, at any time, at its sole discretion, any changes, additions and/or updates to the extent deemed necessary and/or, simply, appropriate to the Site, the contents, programs and/or other materials contained therein and/or available through the Site itself (including these General Conditions).
For clarity, any changes and/or updates made as above will not affect Contracts already concluded with Customers prior to the implementation of such modification or update.
In the event that any provision of this Agreement is declared invalid, invalid or unenforceable, in whole or in part, by any competent court, supervisory authority or administrative authority, the remaining provisions of this Agreement shall not be affected.
ARTICLE 8 – COMMUNICATIONS, CONTACTS AND COMPLAINTS
Below you will find the contact details to which to address any requests, communications and / or complaints relating to your orders, these general conditions or, in general, to any contract concluded with Cibafil through the Site:
E-Commerce Manager
Ci.Ba.Fil di Cino Alfonso
Via Veneto, 5
90144 – Palermo (Italia)
ARTICLE 9 – JURISDICTION AND COMPETENT COURT PROFESSIONAL CUSTOMER DISPUTES
9.1 The Contract is governed by Italian law.
9.2 For any dispute relating to the validity, effectiveness, interpretation or execution of each Contract and, in general, relating to navigation on the Site by the Professional Customer or to the use of any functionality made available to the Professional Customer through the Site, the Court of Palermo will have exclusive jurisdiction.
ARTICLE 10 – ADR, JURISDICTION AND COMPETENT COURT CONSUMER CUSTOMER DISPUTES
10.1 Any dispute relating to the validity, effectiveness, interpretation or execution of each Contract and, in general, relating to navigation on the Site by the Customer-Consumer or the use of any functionality made available to the Customer-Consumer through the site, must be the subject of a conciliation attempt that will take place through the European platform of "Online Dispute Resolution" (cd. ODR) available at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer can submit a complaint relating to a contract concluded online with Cibafil and thus activate the online dispute resolution procedure. The merchant's email address to be included in the complaint is info@maliziasexshop.com
10.2 If the conciliation attempt fails, the dispute will be referred to the competent judicial authority of the court of residence or elective domicile of the Customer-Consumer.
10.3 In any case, the right of the Customer-Consumer to appeal to the competent judge of his court of residence or elective domicile remains unaffected, whatever the outcome of the mediation procedure. The jurisdiction of this court is mandatory and cannot be derogated from in any way.