The offer and sale of products bearing the "Marni" brands (the "Products" and separately each "Product"), owned by company Marni Group S.r.l., with registered office in Italy, Via Sismondi 70/B, 20133 Milan (the "Seller" or "Marni"), on the website marni.com (the "Website") are regulated by these general terms and conditions of sale (the "General T&C"). The distance sale of these Products through the Website is carried out directly by Marni, according to the terms indicated below in these General T&C, in compliance with the current national and European laws that are in force. Any user of the Website can request any information from the customer service staff by contacting the Seller's customer service directly through the contacts indicated in the ‘Customer Service’ section of the Website. Each user purchasing Products on the Website may also obtain information on orders and shipments, refunds and the return of the Products. Users can directly contact the Seller by email at the following email address: email@example.com. For any other legal information, the user is advised to consult the sections of the Website corresponding to each specific request.
1. THE SELLER'S COMMERCIAL POLICY
1.1 The Seller offers the Products for sale on the Website and carries out its e-commerce activity exclusively in relation to users who purchase the Products from the Website and qualify as consumers ("Purchasers" and each of them a "Purchaser"). "Consumer" means a natural person who enters into a purchase agreement for the satisfaction of daily needs unrelated to any business or professional activity they carry out. Whereas a person entering into a purchase agreement in the exercise of business activity or for a related purpose is considered a professional.
1.2 If the user, being a potential Purchaser, does not fall within the definition of Consumer but, on the contrary, can be qualified as a professional and therefore does not act as defined in Article 1.1 above, he/she should refrain from conducting transactions on the Website.
The Seller offers the Products for sale on the Website and carries out e-commerce activity exclusively towards users who have reached the age of 18 and who fall within the definition of Consumer in Article 1.1 above.
1.3 In consideration of its commercial policy, the Seller reserves the right not to process orders from persons who do not fall within the definition of Consumer and/or persons under 18 years of age and/or orders that do not comply with its commercial policy and/or are not in line with what is set out below.
1.4. These General T&C exclusively regulate the offer, forwarding and acceptance of purchase orders concerning Products purchased on the Website by Purchasers (the "Orders" and separately each an "Order") and therefore govern the relationship between each Purchaser and the Seller. As regards the return policies of the Seller, please refer to paragraph below.
1.5 The General T&C do not regulate the supply of services or the sale of Products by third parties other than the Seller, which can be displayed on the Website through links, banners or other hypertext links. Purchasers are advised, before sending orders and purchasing Products and services of any type offered by said third parties, to carefully check the terms and conditions of sale of those Products and services, as the Seller hereby declares that it is not responsible for the supply of services and/or sale of Products by such third parties and/or, in general, for the conclusion of e-commerce transactions between the users of the Website and said third parties.
2. HOW TO ENTER INTO THE AGREEMENT WITH THE SELLER
2.1 Orders may only be placed by persons who have reached the age of 18 and who are not in a state of legal incapacity. In order to enter into an agreement with the Seller for the purchase of one or more Products on the Website ("Agreement"), the Purchaser shall fill in the order form in electronic format, which the Purchaser will see displayed immediately prior to the conclusion of the Agreement (the "Order Form"), and shall send it to the Seller, electronically, following the instructions that will be sent to the Purchaser during the various stages leading up to the conclusion of the Agreement.
2.2 Before proceeding with the purchase of the Products, by submitting the Order Form, the Purchaser will be asked to carefully read the General T&C and the provisions relating to the Purchaser's right of withdrawal, together with the relevant provisions of these General T&C in Article 7 ‘Conditions for the exercise of the right of withdrawal’ and in the relevant section of the Website. Every time Purchasers purchase a Product or Products on the Website, they must indicate their acceptance on the General T&C and any applicable provisions.The Purchaser will also be provided with a summary of the commercial and contractual conditions offered by the Seller for the purchase of the Products, including a reference to the General T&C together with a summary of the following information: essential features of each Product - subject to the Orders - with an indication of its price (inclusive of all applicable taxes and duties); means of payment that the Purchaser may use to purchase the Products; methods of delivery of the Products; methods of dealing with and the processing of claims by the Seller; shipping and delivery costs of the Products; references, geographical location and email address of the Seller; and estimated date of shipment of the Products. Furthermore, the Seller will provide the Purchaser with a summary of the conditions and procedures for exercising the right of withdrawal and the procedures and times for returning the purchased Products (which will be provided by the Seller in the package in which the Products subject to the Order will be delivered). In any case, the Purchaser is hereby reminded of the existence of the legal warrantyof conformity of the Products and will be provided with the contact details of the Seller's after-sales service.
2.3 The Order Form will provide summary information about the essential features of each Product purchased, the relevant price (including all applicable taxes or duties) and the shipping costs (including any additional costs that the Purchaser is required to pay for having opted for a specific type of shipping and delivery different and/or faster than that defined as ‘standard’ by the Seller). A final and binding Agreement between Seller and Purchaser has been concluded upon receipt by the Seller, by electronic means, of the Order Form and only after the Seller has verified the correctness of all the data contained therein, and provided acceptance relating to the Order placed by the Purchaser. The Seller will send an order confirmation to the Purchaser by email when the order has been accepted.
2.4 Once received by the Seller, the Order Form will be filed in the Seller's database for the time required to process the Orders and, in any case, always in compliance with applicable laws. The Purchaser can access the Order Form by consulting the ‘your order’ section on the Website.
2.5 When submitting the Order Form, the Purchaser will be informed that the submission implies the obligation to pay the price indicated. Before submitting the Order Form, the Purchaser will be asked to identify and correct any error concerning its own data.
2.6 The language in which the Agreement is concluded is English.
2.7 After acceptance of the Order Form and upon conclusion of the Agreement, the Seller shall take charge of the Order to process it.
2.9 The Seller shall not process Orders:
(i) in the event that the Products are not available; or
(ii) if there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes; or
(iii) if the Purchaserfails to fulfil its obligations under a previous agreement with the Seller. In those cases, the Seller shall inform the Purchaser, by email and in any event within thirty (30) calendar days from the day after the date of submission of the Order, that the Agreement is not concluded and that the Seller cannot proceed with the Order. In those cases, if the Purchaser has already submitted the Order Form and paid the relevant price, the Seller shall refund the Purchaser the amounts paid by the Purchaser and the Agreement shall be considered terminated. The Seller shall not be obliged to refund any other amount, for any reason whatsoever, to the Purchaser.
2.10 By submitting the Order Form electronically, the Purchaser unconditionally accepts and undertakes to comply with the provisions of these General T&C in its relations with the Seller. If the Purchaser does not agree with any of the terms contained in the General T&C, it is invited to refrain from submitting the Order Form.
2.12 Once the Agreement is concluded, the Seller will send to the Purchaser, by email, a receipt of the Order, containing the General T&C and the summary document on the right of withdrawal and, therefore, all the information already included in the summary of the commercial and contractual conditions that the Purchaser will have viewed before purchasing the Products.
3. PRODUCT DESCRIPTION AND PRICES
3.1 Only original Products are offered for sale on the Website.
3.2 The Seller does not sell on the Website used, irregular, defective products and/or, in any case, of lower quality than the standards applicable to similar products offered on the market.
3.3 The essential features of the Products are presented on the Website within each ‘product sheet’. The images and colours of the Products offered for sale on the Website may, however, not correspond to the real ones due to causes not attributable to the Seller and, in any case, due to the Internet browser and/or the view through the devices used by the Purchaser. The Seller hereby expressly excludes all responsibility in that regard.
3.4 All prices on the Website are stated inclusive of VAT and other charges.
3.5 The applicable price is the one stated on the Website in respect of the relevant Product on the date of submitting the Order Form. Seller reserves the right to amend prices, fees and/or other costs stated on the Website.
3.6 Purchaser requests from countries not included among those displayed in the ‘select your country’ section cannot be accepted by the Seller.
3.7 Any customs or import duties are charged once the order reaches its destination country and must be paid by the recipient of the Order Form. Seller has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. Purchaser may want to contact their local custom office for further information. All Orders are sent from Italy.
3.8 In the event of the Purchaser exercising the right of withdrawal, the Seller has the right not to accept the return of the Products or not to reimburse the amount paid by the Purchaser for the purchase of those Products which, upon return, do not have their tags and/or have been altered in their essential and/or qualitative features and/or have been damaged in any way.
4.1 For payment of the price of the Products and the relevant shipping and delivery costs, the Purchaser may choose one of the methods indicated in the Order Form. In no instance shall the Purchaser be charged for any costs not indicated, prior to finalisation of the Agreement, in the Order Form.
The payment methods offered on Marni’s website are:
1) Credit card
2) Debit cards
3) PayPal and PayPal Express
5) Cash upon delivery
6) prepaid method
4.3 The price for the purchase of the Products and the shipping costs, as indicated in the Order Form, will be charged to the payment method used by the Purchaser at the time of purchase.
5. SHIPMENT AND DELIVERY OF PRODUCTS
5.1 The shipping costs for the delivery of the purchased Products shall be borne entirely by the Purchaser, unless the Seller has implemented, at its discretion, a promotion on a date prior to the submission of the Order Form, duly communicated through the Website.
5.2 Seller will endeavor to fulfill your order for the Products listed in the confirmation of the Order Form by the delivery date set out in the confirmation of the Order Form, or if no estimated delivery date is specified within thirty 30 days of the date of the confirmation of the Order Form.
6. CUSTOMER CARE
6.1 The Purchaser may request any information through the assistance services activated by the Seller. For further clarification, we recommend accessing the ‘Customer Service’ section of the Website.
6.2 The Purchaser may, at its discretion, contact the Seller's customer service by phone - or other means of contact, if indicated by the Seller - and ask the operator to place the Order on behalf of the Purchaser. In this case, the Purchaser will be informed by email that the purchase has been successfully completed and that the Order will be processed. It will be the Purchaser's responsibility, if it does not receive the aforementioned confirmation email, to report the issue to the Seller’s customer service and make a further request for the email to be sent. The Seller cannot, in any case, be held responsible in the event that the confirmation email is not received at the email address indicated by the Purchaser (for any reason whatsoever) or, in general, in the event that the Purchaser does not promptly inform the Seller of the non-receipt of the confirmation email. For all matters not further specified in this Article 6.2, the provisions set out in these General T&C and, in general, on the Website, apply to the management of the Order, as well as to its subsequent phases.
7. CONDITIONS FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL (Right of Withdrawal)
7.1 RIGHT OF WITHDRAWAL
The Purchaser is entitled to cancel the Purchase - at his/her discretion and for whatever reason - within 15 days from the receipt of the Products. The right of withdrawal (the "Right of Withdrawal") shall be deemed to have been properly exercised if the following conditions are fully met:
a. the Return Form (see here) - or other express statement of the Purchaser's decision to withdraw from the Agreement - must be correctly completed and sent to the Seller at the registered office indicated on page 1 of these General T&C within (15) calendar days of receipt of the Products;
b. the Products must not have been used, worn or washed in any way;
c. the Products are not custom made or personalized;
d. the identification tag must still be attached to the Products, as affixed;
e. the ecom seal must not have been removed from the item [see picture
f. the Products must be returned in their original packaging
g. the returned Products must be delivered to the shipper within fourteen (14) calendar days from the time that the Purchaser notifies the Seller of its decision to withdraw from the Agreement.
7.2 RETURN BY PREPAID RETURN LABEL
Without prejudice to the exceptions allowed by the Seller, if all the conditions required to proceed with the Right of Withdrawal are met, the Seller will refund the Purchaser the full price of the returned Products. If the Purchaser decides, in order to make the return, to use the prepaid return label included in the package of the shipper indicated by the Seller for the shipment of the Products purchased, without filling in any online return form and without specifying any reason for the Right of Withdrawal, the Purchaser will not have to pay the return costs, as the relative costs will be borne by the Seller, that will pay for the service provided by the shipper. It is understood that, if the Purchaser decides to use a shipper other than the one indicated by the Seller, the Purchaser shall pay itself the full costs of the return. If the Purchaser has paid for the Products ordered on a cash on delivery basis and has decided to exercise its Right of Withdrawal, it will be contacted by the Seller’s customer service to which the Purchaser will communicate his/her bank details to receive the refund by bank transfer. It is understood that the Purchaser will be contacted by the Seller’s customer service if the Right of Withdrawal cannot be accepted because of non-compliance with the conditions set out in the previous paragraph. In this case, the Products will be returned and the costs will be borne by the Purchaser. If the Purchaser refuses this delivery, the Seller reserves the right to retain the Products and the amount corresponding to the purchase price, as well as the amount relating to the shipping costs.
7.3 RETURN BY FILLING IN THE ONLINE FORM
The Purchaser can choose to fill in the Right of Withdrawal request for the Product(s) purchased directly on Marni’s website in the My Account or "Returns and Exchanges" section, stating the reason for the Right of Withdrawal. Upon completion of this procedure, the Purchaser will receive a confirmation email with a new prepaid return label which can be used to ship the Product(s) to be returned, replacing the one in the original shipping package. If the Purchaser decides to use one of these prepaid labels to make the return, it will not have to pay the return costs, as the relative costs will be borne by the Seller, that will pay for the service provided by the shipper. It is understood that if the Purchaser decides to use a shipper other than the one indicated by the Seller, the Purchaser itself must pay the full cost of the return. If the Purchaser has paid for the Products ordered on a cash on delivery basis and has decided to exercise its Right of Withdrawal, it will be contacted by the Seller’s customer service to which the Purchaser will communicate his/her bank details to receive the refund by bank transfer. It is understood that the Purchaser will be contacted by the Seller’s customer service if the Right of Withdrawal cannot be accepted because of non-compliance with the conditions set out in the previous paragraph. In this case, the Products will be returned and the shipping costs will be borne by the Purchaser. In the event that the Purchaser refuses this delivery, the Seller reserves the right to retain the Products and the amount corresponding to the purchase price, as well as the amount relating to the shipping costs.
7.4 RETURN TO THE RETAIL STORE
7.5 RETURN BY CUSTOMER SERVICE
The Purchaser can always use the assistance of the Seller’s customer service to return the Product. At the Purchaser's request, the Seller’s customer service will enter a return request directly into the system, indicating the Product(s) to be returned. Upon completion of this procedure, the Purchaser will receive a confirmation email with a new prepaid return label which can be used to ship the Product(s) to be returned, replacing the one in the original shipping package. The Product will then be returned directly to the Seller's warehouse. Without prejudice to the exceptions allowed by the Seller, if all the conditions required to proceed with the return under Article 7.1 above are met, the Seller will fully refund the Purchaser the price of the returned Products. It is understood that the Purchaser will not bear any shipping costs for the returned Product only if it uses the shipper and the related return labels provided by the Seller. It is understood that if the Purchaser decides to use a shipper other than the one indicated by the Seller, the Purchaser will bear the costs of shipping the returned Product. If the Right of Withdrawal is unsuccessful because the conditions provided in Article 7.1 above are not met and the Purchaser refuses to have the Product returned, the Seller reserves the right to retain the Product and the amount corresponding to the purchase price. If the Purchaser has paid for the Products subject to the Order on a cash-on-delivery basis, it will be contacted by the Seller’s customer service to which the Purchaser will indicate his/her bank details to receive the refund by bank transfer.
8. TIMING AND MODALITIES OF REIMBURSEMENT
Once the Seller has received the Right of Withdrawal and has verified all the requirements provided in Article 7.1 above, the Purchaser will receive an email confirming the acceptance of the return. Regardless of the method of payment used by the Purchaser, the refund will be activated by the Seller as soon as possible and, in any case, within fourteen (14) calendar days from the date on which the Seller has become aware of the Purchaser's right of withdrawal, once verified that the withdrawal took place in compliance with the conditions set out in these General T&C.
The actual timing for the reimbursement of the amounts due or, in any case, for the refund of the amounts paid by the Purchaser for the purchase of the Products, depends on the payment methods used.
The Products subject to return can be shipped by the Purchaser without bearing any costs through the courier indicated by the Seller, using the pre-printed label inside the Products' delivery package or the one sent to the Purchaser's email address if the request for withdrawal was handled by the Seller’s customer service or through the online form. The Purchaser may contact the relevant shipper to arrange the collection of the Products. If the Purchaser decides to use a shipper other than the one indicated by the Seller for the return of the Products, it will have to bear the shipping costs of the Products, as well as the risk of loss and/or damage of the Products during transport.
10. EXCLUSION OF WARRANTY AND LIMITATION OF RESPONSIBILITY
10.1 To the maximum extent permitted by the law, the Website, its content and services are provided free of charge on an ‘as is’ basis and subject to availability. Marni provides no warranties with respect to the Website, its content or services, including, but not limited to, any warranties of continuity and of absence of disruptions or functioning errors, of protection against harmful programs (such as viruses, bugs, malware etc.) and of adequacy for a particular purpose, and on the opposite Marni expressily excludes any of the said warranties. As the services are offered free of charge, Marni is committed to ensure that information made available through the Website is accurate and up to date. However, Marni can in no case guarantee the accuracy of such information or that such information is free of errors or omissions, and Marni expressily excludes any warranty or liability to that effect. Marni reserves the right to update and/or modify the content of the Website at any time without prior notice and without incurring any responsibility, as fully set forth in Article 13 below.
10.2 Seller shall not be liable for delays or for non-performance due to force majeure. For as long as a force majeure situation persists, Seller is relieved from performance of its obligation. Seller is liable for any and all claims, including damages in any circumstances, except in case of unlawful intent or gross negligence by the Purchaser. In addition to the above, the liablity of Seller is limited to an amount equal to the price of the item purchased by the customer relating to the dispute.
In the event that the Products sold by Marni have manufacturing or any other alleged conformity defects, the Purchaser should contact the online assistance, by email or by mail, at the following address:
The Purchaser is entitled to have the Product fully restored to conformity by repair or replacement, at its option, at no cost to the Purchaser. In the event that one of these remedies is objectively impossible or excessively onerous compared to the other, the Purchaser may obtain an appropriate reduction in the price of the Products or, alternatively, termination of the Agreement. The Purchaser loses these rights if it does not report the alleged lack of conformity to Marni within a reasonable time with a minimum of 2 (two) months from the date it discovers the defect. In any case, an alleged lack of conformity can be claimed before the competent court between the European legal time limit of 24 months from the date on which the Products were delivered to the Purchaser. In the event that the Purchaser requests the repair or replacement of the Products due to an alleged lack of conformity, the delivery costs for returning the repaired or replaced Products to Marni, as well as all the costs for returning the repaired or replaced Products to the Purchaser, remain with Marni.
12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General T&C are governed by Italian law and in particular by Legislative Decree No. 206 of 6 September 2005 (the so-called Consumer Code) under Chapter I "Dei diritti dei consumatori nei contratti", with specific reference to the regulations on distance agreements and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of e-commerce.
13. MODIFICATION AND UPDATING
The General T&C are accepted by the Purchaser in the version published at the time the purchase is made, also with reference to the warranties included therein. The Seller reserves, in any case, the right to modify the General Conditions from time to time, also in consideration of regulatory changes. The updated version of the General T&C will become effective from the time of its publication on the Website and the Purchaser must comply with it, as well as with any subsequent amendments and additions. Therefore, it will be the Purchaser's responsibility to constantly monitor the Website and be informed of any amendment and/or addition to these General T&C, as well as of any amendment and/or addition to any other provision on the Website governing the relationship between the Purchaser and the Seller in any way.