Terms and conditions
MANDARINA DUCK S.P.A., a company with a sole shareholder, is subject to the management and coordination of Euro E-Land Company Limited, with registered office in Via Minghetti no. 13, 40057 Granarolo dell'Emilia - fraz. Cadriano (BO), Italy, fully paid share capital of €3,000,000.00, registered at the Companies Register of Bologna, Tax ID/VAT No, 00820861201, (hereinafter, "Mandarina Duck") is the owner of this website http://www.mandarinaduck.com (hereinafter, the “Website”) which it directly manages.
Access to the Website and any use of information contained therein are subject to the following general conditions of use (hereinafter, the "Conditions of Use"). Wherever the user were not to be in agreement with that which is laid down in the Conditions of Use, s/he must refrain from any further use of the Website.
For any additional legal information, we ask that the user consult the following sections:
- privacy policy
- general conditions of sale
By simply connecting to the Website, using Customer Services, communicating with Mandarina Duck, making use of the option of downloading product information and buying the same products via the specific section on the Website, the user is implying the s/he has adhered and adheres, without any limitations or conditions whatsoever, to the Conditions of Use.
Mandarina Duck reserves the right to modify the Conditions of Use of this Website at any time and without prior notice. By simply connecting to the Website, the user is providing their unconditional acceptance to the changes and revisions of the Conditions of Use. We therefore ask that users regularly check the text in force.
Mandarina Duck reserves the right to ask users that do not accept or do not intend to comply with such terms to refrain from using the Website.
Access to the Website and its services are intended solely for personal use and therefore outside of any trade, business and professional activities.
Viewing of the Website provides users with product information, together with the option of acquiring said products. Mandarina Duck prohibits the use of the Website for any other purpose other than those mentioned above.
UNAUTHORISED ACCESS AND USE OF THE WEBSITE
Users of the Website are only authorised to consult the documents given in the Website menu. Any unauthorised attempt to overcome or circumvent the Website's protection, to use the operating systems that run or are connected to the Website for uses other than those intended and to prevent use by authorised users is prohibited. Accessing, obtaining, destroying, altering or damaging information contained therein, or interfering with such systems is also prohibited. Any such behaviour/action will be immediately brought to the attention of the competent authorities and prosecuted in the competent civil and criminal forums in accordance with current laws and international conventions.
PROPERTY - COPYRIGHT & TRADEMARK
The images contained on the Website are the property of Mandarina Duck. Any use of such images without the written consent of Mandarina Duck will be prosecuted in accordance with the law.
Indeed, copyright and other intellectual property rights protect this Website in its entirety and all the material contained therein. Thus the user may view, print and copy the content of this Website (including, but not limited to, text, images, conditions of sale, etc.) solely for purposes that are personal in nature and not commercial. Except as provided herein, users may not use, modify, print, display, reproduce, distribute or publish the information contained on this Website without the written consent of Mandarina Duck, as previously stated above.
This Website may also contain material that is protected by the intellectual property rights of third parties. In such cases, the permitted uses must be verified with the owners or licensees of the relative rights, as identified each time on the Website.
In the instance that the user were to violate the stated obligations, s/he must indemnify Mandarina Duck from the consequences that derive from said violation.
LINKS AND CONTRIBUTIONS
This Website may contain links to other websites (hereinafter, "Links"). Mandarina Duck does not control nor monitor said websites and their content. Mandarina Duck cannot be held responsible for the content of these sites and the rules that the same have adopted, even in regards to the processing of the user's personal data during browsing. For this reason, Mandarina Duck accepts no liability for the contents or material that can be accessed on said websites or in any case that which is attainable via the same. All Links to other websites, just as any other reference to information coming from third party sources, can by no means be considered as express or implicit acceptance on the behalf of Mandarina Duck. Queries and/or comments regarding these websites associated with the Links should be addressed to the administrators of these websites.
Mandarina Duck reserves the right to object to the activation of direct Links to its Website at its own discretion.
However, the activation of deep hyperlinks (such as deep frames or deep links) to the Website is prohibited, as well as the use of unauthorised meta-tags, without the written consent of Mandarina Duck.
All contributions or material transmitted to Mandarina Duck via the Website, including queries, comments, suggestions and the like, relative to Website content (hereinafter, "Contributions") will be considered as non-confidential in nature. In particular, Mandarina Duck will have no obligation in relation to said Contributions and may freely copy, utilise, use, reveal to third parties, display, change, create derivative works and/or publish the Contributions without any restrictions or compensation due. Additionally, Mandarina Duck reserves the right to use ideas, concepts, expertise or techniques contained in the Contributions, without any obligation for compensation and/or payment, for any purpose, including, but not limited to, the production and/or sale of products that incorporate such Contributions.
The sending to the Website of any kind of material, project and idea implies the full responsibility of the senders in relation to the content and the legality of the Contributions who undertake to indemnify Mandarina Duck, its employees and directors from any damage, cost or loss suffered by said subjects. This also holds for any claim brought against Mandarina Duck, its employees and directors, for any reason or cause connected to the sending of the Contributions to this Website.
The user is responsible for the safekeeping and correct use of his/her personal information, including the credentials that allow for reserved services to be accessed, as well as for any damages or injuries that should be incurred by Mandarina Duck or third parties as the result of the misuse, loss or theft of such information.
GUARANTEE DISCLAIMER
Mandarina Duck makes the Website available to users without, however, any guarantee concerning its continuity and its contents. In particular, Mandarina Duck makes no guarantee, expressly or implicitly, concerning the Website and its content with reference to the ownership of the information contained therein, to the absence of potentially damaging programmes (such as viruses, trojan horses, etc.) nor the suitability of content for specific purposes or commercial uses. Mandarina Duck in no way guarantees that the information contained within the Website is accurate, complete or up-to-date, nor that the Website is free from flaws or that any flaws will be corrected. Mandarina Duck will be in no way responsible for direct, indirect, specific or general damages of any kind, regardless of whether Mandarina Duck was or was not aware of the possibility that said damages could occur in connection to using the Website.
The material contained on the Website may contain information that is not accurate or which has printing errors. Mandarina Duck declines all responsibility for any loss or damages caused or connected to the user's reliance on the information contained on the Website. Therefore, the responsibility of independently evaluating the accuracy of the information published on the Website lies with the user.
LIABILITY
Mandarina Duck will not respond in any way, by way of contractual or extra-contractual liability, to any direct or indirect, actual or potential, specific or general damage that should derive from the use, inability to use and/or the performance of any product, information or content found on the Website (irrespective of whether Mandarina Duck was or was not aware of the possibility of such damage occurring).
By access in the Website, the user is agreeing to indemnify, hold harmless and defend Mandarina Duck, its subsidiaries and affiliates, its employees, directors and shareholders from any third party claims, damages, loss, cost, expense (including the relative legal and judicial expenses which may have been reasonably incurred) deriving from your use of the Website or in relation to it.
PRODUCTS
Mandarina Duck declines any responsibility concerning the possibility that, due to the particular configuration of the computer used by the user or its malfunction, the colours of the products viewed on the Website may have minor differences in respect to the original ones.
The products shown on this Website are representative of the Mandarina Duck collections. The Website does not necessarily contain all Mandarina Duck products, nor will all the products shown on the Website necessarily be available in all Mandarina Duck stores. Mandarina Duck reserves the right to modify the style, design and the colours of its products without prior notice. The information that Mandarina Duck publishes in general may contain references to Mandarina Duck products, initiatives and services that may not be available or announced in the user's country. Such references do not imply Mandarina Duck's intention to announce such products, initiatives and services to the user's country. The user, however, should consult Mandarina Duck's local representative each time concerning the products, services and initiatives available in his/her own country.
The Website allows for on-line purchases of Mandarina Duck products to be made via the specific section. Every purchase is subject to the general terms and conditions of sale, which can be viewed in the specific section. Data supplied will be processed in accordance with the privacy policy. The user is asked to visit the specific section in this regard: privacy policy.
For additional information you can contact: customerserviceshop@mandarinaduck.com
APPLICABLE LAW
The present Conditions of Use are governed by Italian law.
GENERAL PROVISIONS
In the event that one or more of these provisions in the "Conditions of Use" were to be found void, voidable, illegal or ineffective, this will not entail the total inefficacy of the Conditions of Use. The provision in question will be replaced by a similar valid provision that takes due account of the intention and the content of the same, in accordance with the laws in force.
- Introduction
The sale of products branded “Mandarina Duck” concluded at a distance through the website www.mandarinaduck.com (hereinafter also referred to as the “website”) is governed by the following general terms and conditions of sale (hereinafter also referred to as the “General Terms and Conditions of Sale”). The products offered on the website are sold by Mandarina Duck S.p.A., a company under Italian law with registered office in Via Tortona, 27, 20144 Milano (MI), Italy, with VAT Number 00820861201 (hereinafter also referred to as "MANDARINA DUCK"). In order to meet the needs and expectations of its customers, MANDARINA DUCK has decided to create, in parallel with its network of direct and exclusive points of sale, a distance selling network of some of its products through the website, offering a selection of several categories of products branded “Mandarina Duck”. The list of “Mandarina Duck” branded products offered for sale at a distance is available to view on the website. These General Terms and Conditions are available in Italian, English, French, German and Spanish. In case of uncertainty in the interpretation of the clauses of these General Terms and Conditions of Sale the Italian version will prevail.
- Using the service
2.1. The use of the distance sales service described in these General Terms and Conditions of Sale is exclusively reserved for customers (hereinafter referred to as “Customer” or “Customers” in the plural) intended, in accordance with Legislative Decree No. 206 of 6 September 2005, as amended and supplemented (hereinafter also referred to as the “Consumer Code”), as natural persons that “[…] act for purposes unrelated to any business, commercial, handicraft or professional activities carried out”. The service is reserved for customers aged 18 or over (or, if aged under 18, authorized by their legal representative). Products offered on the website can only be purchased if the products are to be delivered to one of the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, United States, Sweden, Switzerland, Hungary.
2.2. These General Terms and Conditions of Sale are published on the website for customers to view as well as save and print them in accordance with Article 12, Paragraph 3 of Legislative Decree No. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”). A copy of the General Terms and Conditions of Sale will be sent by email to the customer from MANDARINA DUCK, in accordance with Paragraph 3.8 below of these General Terms and Conditions of Sale.
- Purchase
3.1. Each product selected can be viewed through a specific hyperlink (hereinafter also referred to as “link”) that provides photographs of the item to be viewed, its unit price and colour options
3.2. Each sale is made by MANDARINA DUCK through the website www.mandarinaduck.com. MANDARINA DUCK reserves the right to modify at any time the limits on the quantity and/or type of products that may be purchased through the website. Information relating to the “MANDARINA DUCK” products offered for sale through the service is provided in accordance with the current laws and, in particular, Articles 49 and 51 of the Consumer Code, as amended by Legislative Decree No. 21 of 21 February 2014.
3.3. The customer selects items of his/her choice. The description of the products being sold, including the measurements, along with one or more photographic images in digital format that enable the correct representation of the products available on the website, will be included in the customer’s shopping basket.
3.4. Although MANDARINA DUCK constantly adopts measures aimed at ensuring that the photographs displayed on the website are faithful reproductions of the original products, including adopting every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and colour resolution characteristics of the computer used by the customer. As a result, MANDARINA DUCK will not be liable for any inadequacy of the graphic representations of “MANDARINA DUCK” products displayed on the website owing to the abovementioned technical issues and colour resolution characteristics of the computer used by the customer.
3.5. To view the selected items and the total price of the order it is necessary to click on the “Shopping Bag” icon. The customer is requested to ensure the contents of the shopping basket are correct before confirming the order, completing the order form based on the instructions provided on the corresponding page of the website and confirming to have read and accepted these General Terms and Conditions of Sale.
3.6. Should the customer need to make changes (such as the item specified or the number of items) or correct any errors in the order, he/she will need to follow the instructions provided on the website.
3.7. Upon confirmation, the order will be submitted directly to MANDARINA DUCK. The purchase order will be stored in the MANDARINA DUCK order storage system in the data centre at its service provider Amazon AWS with offices in Ireland. The customer can track the status of his/her order in accordance with Article 8.3.
3.8. At the end of the purchase process, the customer is advised to download, save or print the General Terms and Conditions of Sale applicable at the moment that the order is completed. The customer will also receive an email at the email address specified in the order form, containing written confirmation of the product ordered and indicating, according to Article 14 of these General Terms and Conditions of Sale, the total price of the product, methods of payment or any amount already paid by the customer, and information about assistance services.
3.9. MANDARINA DUCK reserves the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a previous order, in which case no order shall be accepted by MANDARINA DUCK and no contract shall be concluded between MANDARINA DUCK and the customer. Furthermore, MANDARINA DUCK reserves the right to reject orders from any customer considered unsuitable, including for example, in the case of previous violations of the General Terms and Conditions of Sale relating to the purchase of products from the website or if the customer wishes to purchase products for purposes relating to his/her business or professional activities or those of other individuals, or if he/she does not have a genuine interest in purchasing the products ordered, or if he/she improperly exercises his/her right to cancellation as recognized by Paragraph 10 below, or for whatever other legitimate reason, especially if the customer has been involved in fraudulent activity of any kind. In such cases, the purchase order sent by the customer shall be deemed null and void. MANDARINA DUCK will send the customer notification via an email stating that the order has not been accepted by MANDARINA DUCK, also confirming the failed conclusion of the contract, and that it will annul any debit and/or expenditure charged to the customer. MANDARINA DUCK will notify the customer of any impossibility to accept orders received within 30 days from the date of the actual receipt of the order, and will refund any amounts already paid by the customer through online payment.
3.10. The resale, rental or disposal of products purchased from the website for whatever commercial or professional purpose is expressly prohibited.
3.11. Notwithstanding possible uses of the data for purposes other than the purchase as described in the Privacy Policy available at link http://www.mandarinaduck.com/def/Document/privacy, and subject to the prior express consent of the customer, the order form and customer information relating to the order form will be kept by MANDARINA DUCK for the period of time provided by the current regulations.
- Availability
4.1. The customer acknowledges the fact that stocks of products offered by MANDARINA DUCK through the website are limited. It is possible to check the availability of any item offered for sale on the website at any time, either when the customer creates his/her shopping basket or later when completing the purchase order. The customer is therefore aware that all products described on the website are subject to availability in that moment.
4.2. The purchase process must be completed in full; otherwise the contents of the shopping basket will be deleted without trace at the end of each purchase process.
4.3. Occasionally problems regarding the availability of certain products may occur. In such circumstances, MANDARINA DUCK will inform the customer promptly (and in any case within the terms of delivery specified below) by email or telephone. If the customer chooses to cancel the order no charge will be made on his/her credit card. If the charge has already been made, the customer will be promptly refunded.
4.4. MANDARINA DUCK reserves the right to change the items offered for sale on the website at any time and without notice.
- Completing an order
5.1. The purchase process ends when the customer clicks on “Confirm”. Upon confirmation, the order is submitted to MANDARINA DUCK to be processed and cannot be further changed or cancelled, except in the cases expressly contained in these General Terms and Conditions of Sale or those provided by the applicable Italian regulations. MANDARINA DUCK will consider the order placed by the customer binding only if the entire purchase process has been completed properly and correctly, without any evidence of error from the website. The contract stipulated between MANDARINA DUCK and the customer will therefore be deemed completed when the customer receives confirmation from MANDARINA DUCK that the purchase order, sent in regard to the purchase process, has been successfully executed following verification of the availability of the product ordered and the debit of the total price charged to the credit card of the customer.
5.2. The order confirmation also constitutes proof that the customer has accepted the provisions of these General Terms and Conditions of Sale.
5.3. The data recorded on the website constitutes full proof of the details relating to the transactions between MANDARINA DUCK and the customer. In the event of a dispute between MANDARINA DUCK and the customer in relation to a transaction conducted through the website, the data recorded by MANDARINA DUCK will count as full proof of the transaction that took place.
- Price and payment method
6.1. Prices of all the products offered for sale on the website include VAT.
6.2. Said prices are listed in euros (EUR) for shipping to Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary. They will be listed in pound sterling (GBP) for shipping to the United Kingdom and in US dollars (USD) for shipping to the United States.
6.3. The total amount shown during the purchase process includes the shipping costs as specified below and displayed in the shopping basket.
6.4. MANDARINA DUCK reserves the right to change the prices of the products offered for sale on the website at any time and without prior notice. The customer will be charged the prices published on the website when he/she confirms his/her order, provided that the products ordered are available at that moment.
6.5. MANDARINA DUCK only accepts payments made by credit card and Paypal. The transaction will be charged to the customer’s credit card only after: (i) the credit card details have been verified; (ii) authorization for the debit has been received from the company that issued the credit card used by the customer; and (iii) the availability of the product has been confirmed by MANDARINA DUCK and, therefore, after the order is ready to be processed. No charge will therefore be made when the order proposal is submitted, save for the debit that may be necessary to ascertain the validity of the credit card. For the purposes of payment, the customer confirms and guarantees to be the holder of the credit card used for the purchase and that the name on the credit card is his/hers. The customer then gives the number, expiry date and security code shown on the credit card. If, for any reason whatsoever, the charge for the amounts payable by the customer proves impossible, the sales process is automatically annulled and the sale automatically cancelled.
6.6. The shipment of the products purchased takes place only following verification by MANDARINA DUCK with the bank, of the credit card details of the card used by the customer, upon receipt of authorization to debit the amount to said credit card.
6.7. In the case that one or more products are not available, only the price and shipping costs relating to the products available will be charged.
6.8. The United States has increased the de minimis level on international shipments inbound to the U.S. from $200 per shipment to $800 per shipment. The change took effect on10 March 2016. The de minimis is the minimum dollar value of qualifying goods below which no formal customs procedures are required and no duties or taxes are collected. This means that most shipments into the United States valued at less than $800 are now exempt from customs declarations and import taxes. If your order placed directly in the United States is valued at over $800, you will be liable to pay the inbound duties which your local customs authority deems appropriate. Mandarina Duck will not reimburse any amount of the price of items purchased to customers who refuse to pay the import fees and do not accept delivery.
6.9. Buy with Scalapay to you receive your order straight away and pay in 3 instalments. Please note that the instalments will be transferred to Incremento SPV S.r.l., to its related parties and assignees, and that you authorise this transfer.
- Limitations in the delivery of products
7.1. Products sold on the website may be purchased and delivered to the abovementioned countries only (Paragraph 2.1.). Any orders for shipments to be made outside these countries will be automatically rejected during the processing of the order. The products will be shipped to the address provided at the time of compilation of the order and on delivery will require the signature of the customer or his/her legal representative if the customer is a minor.
7.2. For security reasons, MANDARINA DUCK cannot allow the shipment of any order addressed to a PO Box nor accept any order for which it is impossible to identify the natural person recipient of the order and his/her address.
- Delivery
8.1. Shipping costs, which are included in the total cost shown in the shopping basket during the purchase process prior to confirmation of the order by the customer, are charged to the customer. Shipping costs are specified, along with all other costs relating to the purchase, where they exist, on conclusion of the process of compiling the order, and prior to confirmation. In accordance with Article 65 of the Consumer Code, MANDARINA DUCK will seek the express consent of the customer for any possible extra payment in addition to the total expected remuneration as per main contractual obligation.
8.2. In accordance with the provision contained in Article 61 of the Consumer Code, MANDARINA DUCK will arrange for the delivery of the products purchased, except in cases of force majeure or fortuitous event, no later than 30 days from the date of the conclusion of the contract, or within a different period if negotiated with the customer, unless MANDARINA DUCK informs the customer, within the same period, that the order has not been accepted or that it is impossible to deliver the products ordered due to the sudden, even temporary, unavailability of the same. In the latter case, MANDARINA DUCK will refund any amounts already paid by the customer. If MANDARINA DUCK fails to deliver the products ordered within the indicated period and in any case within a different agreed period, the customer can ask MANDARINA DUCK to make the delivery within an additional period appropriate to the circumstances, unless the customer is for some reason exonerated from said obligation, in accordance with Article 61, Paragraph 4 of the Consumer Code. It is the customer’s right without prejudice to terminate the contract immediately, in addition to the right to claim compensation for damages, if the product ordered is not delivered within the possible specified additional deadline. In order to expedite shipment of the products ordered, MANDARINA DUCK reserves the right to split up an order into several shipments depending on the availability of items. In this case, MANDARINA DUCK will inform the customer by email or telephone and his/her credit card will be charged separately only for the products actually shipped. In any case, total shipping costs will be charged as if it were one single shipment.
8.3. When the package with the products ordered leaves the MANDARINA DUCK warehouse, the express courier contracted by MANDARINA DUCK will send an email to the address specified by the customer in the order form. This email will contain a tracking number and a unique link to enable real time monitoring of the delivery. Our Customer Service will provide assistance for any possible problem concerning the delivery. The customer may contact the MANDARINA DUCK Customer Service department by email at: customerserviceshop@mandarinaduck.com. In accordance with Article 63 of the Consumer Code, the customer will assume liability for the loss or damage to the products ordered, for causes not attributable to MANDARINA DUCK, only in the moment in which the customer, or a third party designated by him/her other than the courier, gains material possession of the products. It is understood that this liability is transferred to the customer already at the moment when the products ordered are handed over to the courier, if the courier has been chosen by the customer and this choice was not suggested by MANDARINA DUCK, without prejudice to the rights of the customer against the courier.
8.4. If, on the contrary, the loss or damage of the product is ascribable to MANDARINA DUCK, in accordance with the applicable regulations, MANDARINA DUCK will provide a free replacement product, at the express request of the customer to be sent to the abovementioned email.
- Compliance of orders
9.1. When the products are delivered they must be checked by the customer in order to ensure that they correspond to the items ordered and show no manufacturing defects or other deficiencies in conformity. In addition to specific guarantees that may be provided to the customer along with the product delivered, the legal guarantees provided by the Consumer Code are also applicable to the sale of “MANDARINA DUCK” products.
9.2. In these instances, the customer will have the right to have the product brought into conformity free of charge by repair or replacement, unless the solution sought is objectively unfeasible or excessively expensive compared to replacement. If one of the instances provided by Article 130, Paragraph 7 of the Consumer Code should occur, the customer may request an appropriate reduction in the price or the termination of the contract. It is understood that the customer forfeits said right unless he/she reports to MANDARINA DUCK the deficiency in conformity within 2 (two) months from the date that the deficiency was discovered. Direct action to establish deficiencies not maliciously concealed by MANDARINA DUCK is prescribed, in any case, within 26 (twenty-six) months from delivery of the product. If the order is cancelled, no charge will be made to the customer’s credit card. In the event that the charge has already been made to the credit card, the customer will be promptly refunded.
9.3. The customer’s request for one of the solutions listed above must be communicated to MANDARINA DUCK via a trackable registered letter to be sent to the following address: Client Service Web, Mandarina Duck SpA, Via Tortona 27, 20144 Milano, Italy, and should also be sent in advance by email, to customerserviceshop@mandarinaduck.com. The willingness of the customer to take advantage of the guarantee provided by the Consumer Code to remedy the deficiencies in conformity of the products purchased may be exercised in the manner described above only for deficiencies relating to products purchased on the website.
- Returns and refunds - Cancellation
10.1. The right to cancellation by the customer, according to the provisions of Article 52 and subsequent articles of the Consumer Code, must be carried out as described below.
- A) The customer must exercise his/her right to cancellation within 14 (fourteen) working days from the date of delivery of the products to the customer or a third party other than the courier contracted for the delivery and designated by the customer (in the case of a split order as provided by Article 8.2 of these General Terms and Conditions of Sale, the period of 14 (fourteen) days starts from the day on which the customer or third party other than the courier contracted for the delivery and designated by the customer, acquires physical possession of the last product).
- B) In order to exercise his/her right to cancellation, the customer must contact Customer Service through the link in the ‘Contact Us’ section of the website
- C) Products must be returned in the condition and packaging in which they were delivered.
- D) the customer must use the return address label enclosed for the customer’s convenience in the package sent to him/her by MANDARINA DUCK.
10.2. The customer undertakes to return the products for which he/she exercises his/her right to cancellation without undue delay and, in any case, within 14 (fourteen) days from the date in which he/she informed MANDARINA DUCK of his/her decision to terminate the contract in accordance with Articles 54 and 57 of the Consumer Code.
10.3. Save for what is provided for in the following Article 10.5, MANDARINA DUCK will be responsible for the shipping cost to return the products.
10.4. MANDARINA DUCK will verify whether the products have been returned in the same conditions in which they were delivered, inside the packaging with which the products were sent from MANDARINA DUCK to the customer, because substantial integrity of the returned products is an essential requisite for exercising the right to cancellation. The customer will be solely responsible for any diminished value of the products resulting from handling the products in a way that differs from that required to establish their nature, features and functioning, in accordance with that set out in Article 57 of the Consumer Code. MANDARINA DUCK therefore reserves the right to refuse the return of those products that are damaged, deteriorated, dirty, or found to be in a condition that suggests, unequivocally, that the products have been used for purposes that differ from those listed above. MANDARINA DUCK also reserves the right to request compensation for any damage that can be attributed to the wilful or negligent conduct of the customer during return of the products. MANDARINA DUCK will not be held responsible in the event of loss or theft of returned products, nor will it be held responsible or to blame in the case of returned products shipped to an incorrect address, or delays in the delivery of returned products, with the understanding that the customer assumes all shipping risks for returned products. The customer is also responsible for proof that the products have been returned.
10.5. MANDARINA DUCK will refund of the price of returned products, in accordance with Article 56 of the Consumer Code, without undue delay and in any case within 14 (fourteen) days from the date in which MANDARINA DUCK was informed of the customer exercising his/her right to cancellation. Said refund will be issued by crediting the amount paid by the customer to the same method of payment used for the purchase, unless the customer has expressly agreed otherwise and provided that he/she does not sustain any cost as a result of the refund. The timing of the refund depends on the company that issued the card. MANDARINA DUCK reserves the right to withhold the refund until it has received the product or until the customer has supplied evidence of having sent back the product, taking account of which situation is verified first. MANDARINA DUCK is not required to refund surcharges if the customer expressly chooses a delivery method that is different to the least expensive delivery option offered by MANDARINA DUCK. MANDARINA DUCK will confirm the refund issued in an email to the customer.
10.6. Please note that it is permitted to arrange the return of products and request a refund of the corresponding price in accordance with the provisions of the above procedure, only with regards products purchased on the website.
- Limitation of liability
11.1. MANDARINA DUCK will be in no way liable to the customer for any indirect or consequential damages that may arise from the purchase of products offered for sale on the website.
- Product authenticity and intellectual property rights
12.1. MANDARINA DUCK guarantees the authenticity and high quality of all products offered for sale on the website.
12.2. The “MANDARINA DUCK” brand, including all figurative and non-figurative trade marks and more generally all other trade marks, illustrations, images and logos present on “MANDARINA DUCK” products, on related accessories and/or packaging, which are or are not the subject of registration, are and remain the exclusive property of the MANDARINA DUCK company, with registered office in Via Tortona, 27, 20144 Milano, Italy. Total or partial reproduction, modification, tampering with or use of said trade marks, illustrations, images and logos, for any reason and on any medium, without the prior express consent of MANDARINA DUCK S.A., are strictly prohibited.
- Disputes
13.1. These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to it, including the Consumer Code, with particular reference to Part III, Title III, Chapter I of the Consumer Code, as amended by Legislative Decree 21/2014, as well as Legislative Decree No. 70 of 9 April 2003 (”Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”), without prejudice to any contrary overriding regulations of the country of the customer’s habitual residence.
13.2. In the event of a dispute deriving from the interpretation and/or application of these General Terms and Conditions of Sale, the jurisdiction will be upon the courts of the place of domicile or residence of the customer, if located in Italy, or, at the customer’s choice in the event of legal action taken by the customer, upon the Court of Milan.
13.3. MANDARINA DUCK reserves the right to make, at any time, modifications and/or amendments to these General Terms and Conditions of Sale. Such modifications and/or amendments will be effective only in relation to purchase orders submitted after the date of modification and/or amendment. Any elimination of these General Terms and Conditions of Sale from the website automatically and irrevocably implies the inapplicability, ineffectiveness and unenforceability by MANDARINA DUCK of the same in relation to purchases made subsequently to their elimination from the website, also in the case in which said General Terms and Conditions of Sale can still be consulted and/or accessed by the public through internet websites other than the one specified above.
- Contacts
14.1. For any claim, further information or assistance regarding the website or purchase process, and for any other request for information and/or explanations regarding these General Terms and Conditions of Sale, customers may send an email to the following address: customerserviceshop@mandarinaduck.com