Terms of sale

1. SUBJECT

These general conditions of sale (hereinafter, "general conditions") are applicable to all sales of products (hereinafter, "products" or "product") concluded at a distance through the website www.manulustudio.com (hereinafter, "site"). The language available to conclude the contract through the site is Italian. The customer is required to carefully read the general conditions made available on the site, in order to allow their knowledge, storage and reproduction, pursuant to Article 12, paragraph 3, of Legislative Decree No. 70 of April 9, 2003 ("implementation of Directive 2000/31/ce, hereinafter, "ecommerce decree"). All contracts concluded through the site are governed by these general conditions and by Italian law, in particular by Legislative Decree No. 206 of September 6, 2005 (hereinafter, "Consumer Code") as reformed by Legislative Decree No. 21 of February 21, 2014, with specific reference to the regulations on distance contracts concluded with consumers and by Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce (hereinafter, "ecommerce decree")

2. SELLER IDENTIFICATION

Products purchased on www.manulustudio.com are sold by:

Emanuela Vincenzi
Via Piemonte 18 - 21030 Cuveglio (VA)
F.C. VNCMNL75E70D086H - P.IVA 04002830125
Tel. +39 0332 483326 - e-mail: hello@manulustudio.com

3. INFORMATION ABOUT THE PRODUCTS AND THEIR AVAILABILITY

On the site, the information related to the products is detailed ; each product sheet shows its essential characteristics. The images proposed on the site, representative of each product, have the sole purpose of presenting it for sale, without any guarantee as to the exact correspondence between the image depicted on the site and the actual product. For example, the color fidelity of the images to the actual product cannot also be guaranteed due to the effect of the internet browser or monitor used by the user. All products are subject to availability at the time, and Emanuela Vincenzi reserves the right at any time to change the limits to the quantity and/or type of products that can be purchased online on the site. Emanuela Vincenzi reserves the right to change without notice models, styles and colors of the products described on the site; the unavailability of the product, or any delay in the time of shipment and delivery of the ordered product will be communicated to the customer during the procedure for the conclusion of the contract.

4. PRICE

The prices of products and services are expressed in euros, inclusive of all applicable taxes or duties (transaction not subject to vat pursuant to art. 1, paragraphs 54 to 89, of l.190/2014. flat rate regime). Shipping and delivery costs are highlighted separately in the order form, so the shopping cart procedure will indicate at the end the total cost, including the price of the products being purchased and transport costs, due by the customer. prices may be subject to updates, so the customer must ascertain the final sale price before placing the relevant order.

5. CONCLUSION OF THE CONTRACT

The contract between Emanuela Vincenzi and the customer is concluded exclusively through the Internet by means of the customer's access to the "Shop" section of the site www.manulustudio.com, where, following the indicated procedures, will arrive to formalize the proposal for the purchase of products. By finalizing the purchase wizard, the customer accepts these general conditions of sale, which become binding. At the end of the purchase procedure, references to each product ordered, its price, means of payment and mode of delivery will be displayed in the order summary; Receipt of the customer's proposal is confirmed by an e-mail message sent to the e-mail address provided by the customer; in the message, in addition to the information required by law, the customer's data are given and the order number corresponding to the purchase made is indicated, to be used in any subsequent communication relating to the same order. In case of the need to change the order data, the customer agrees to promptly contact Emanuela Vincenzi by phone or e-mail, communicating the changes to be made. In any case, each order can be viewed by the customer on the site, in their personal area, immediately after sending the order. Emanuela Vincenzi has the right to accept or not, at its sole discretion, the order sent by the customer, without the latter can make claims or rights of any kind, for any reason, including compensation, in case of non-acceptance of the order itself. In particular, Emanuela Vincenzi reserves the right not to accept purchase proposals and cancel orders that, by way of example, do not give sufficient guarantees of solvency or if - also as a result of comparison with the circuit that handles credit card payments - there are anomalies in transactions and means of payment used by the customer. in such cases, the order proposal sent by the customer will not be accepted and shall be considered invalid and ineffective in any way. The non-acceptance of the proposed order and the non-conclusion of the contract will be transmitted to the customer by e-mail, with the cancellation of any charge and / or expense borne by the customer. In case of partial unavailability of products purchased by the customer in the same order, Emanuela Vincenzi reserves the right to partially fulfill the order, after notifying the customer by e-mail, charging only the amount corresponding to the partially filled order. The contract between Emanuela Vincenzi and the customer is concluded only after confirmation to the customer by Emanuela Vincenzi that his proposed order, sent in compliance with the purchase procedure indicated on the site, has been accepted.

6. METHOD OF PAYMENT

Payment by the customer of the price of the products and related delivery costs can be made by Paypal, ShopPay, ApplePay, GooglePay system, or by credit/debit card. In the event that, for whatever reason, the debiting of the amounts due by the customer proves to be impossible, the purchase process will be automatically canceled and the purchase cancelled. In case of payment by bank transfer, the purchase order will be processed only upon receipt of payment. In the absence of receipt of payment after 7 days from the date of receipt of the order, Emanuela Vincenzi reserves the right to cancel the order received.

7. TRANSPORTATION, DELIVERY AND SHIPPING COSTS

Products purchased on the site will be exclusively delivered to the address indicated by the customer. Requests to change the delivery address after the order has been completed will not be accepted, and any additional shipping costs due to the customer's failure to pick up will be charged to the customer. No deliveries will be made to P.O. boxes. Shipping costs, if any, are always highlighted in the shopping cart and subject to the same tax regime of the goods transported and services provided (operation not subject to vat pursuant to art. 1, paragraphs 54 to 89, of l.190/2014. flat rate regime); they may be free by virtue of temporary or permanent promotions, and in any case will be highlighted within the cart. Except in cases of force majeure or fortuitous event, the products will be delivered by the date indicated in the product sheet. In the event that the customer uses the shippers appointed by Emanuela Vincenzi, the risk of perishing of the products is the sole responsibility of Emanuela Vincenzi itself, without prejudice to the fault and / or liability of the shippers themselves towards which we reserve the right of recourse. The risk of loss is transferred to the customer in the case of sending the products in return made in the exercise of the right of withdrawal (if the customer is a consumer), without prejudice to his rights against the carrier in charge of the return shipment. The customer who finds damage to the packaging or packaging at the time of delivery by the carrier/freight forwarder is required to immediately contest the fact by affixing a "reserve" on the delivery receipt, being otherwise precluded from any subsequent exception with regard to the external characteristics of what was delivered. Similar reserve should be affixed whenever the customer still wants to reserve the right to analyze more calmly the product delivered by the carrier/freight forwarder, being similarly precluded the possibility of subsequent objections if a more thorough examination of the goods delivered it is damaged by an act or fact attributable to the carrier/freight forwarder. Emanuela Vincenzi will not be held responsible for any loss of goods during shipment if the customer, when completing the order, has opted for a mode of shipment untracked. Any customs duties and/or import taxes are the responsibility of the client; Emanuela Vincenzi is not responsible for any delays in delivery resulting from customs inspections.

8. RIGHT OF WITHDRAWAL - INFORMATION

The customer, if he/she is a consumer (i.e. the natural person who purchases the products for purposes unrelated to his/her commercial, craft, entrepreneurial or professional activity carried out, if any) has the right to withdraw from the contract, without stating the reasons, within 14 (fourteen) days from the date on which, including through a designated third party other than the carrier, has acquired physical possession of the products or in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the customer or a third party other than the carrier and designated by the carrier has acquired physical possession of the last good. To exercise the right of withdrawal you must inform Emanuela Vincenzi of your decision to withdraw from the contract by submitting an explicit statement (e.g. letter sent by mail or e-mail) containing: (a) the explicit manifestation of the decision to withdraw from the contract; (b) order number communicated by Emanuela Vincenzi at the time of confirmation of the purchase; (c) the unambiguous indication of the products for which you wish to make use of the right of withdrawal; the addresses to which to send the communication are as follows:

Emanuela Vincenzi - Via Piemonte n. 18 - 21030 Cuveglio (VA) - C.F. VNCMNL75E70D086H - P.IVA 04002830125 - e-mail: hello@manulustudio.com. 

To comply with the withdrawal period, it is sufficient to send the notice before the expiration of the withdrawal period. The products must be returned to the above address without undue delay and in any case within 14 (fourteen) days from the day the withdrawal from the contract was communicated. The deadline is met if the customer returns the products before the expiration of the 14 (fourteen) day period. The cost of returning the products shall be borne by the customer. Products must be returned or delivered in their original packaging, intact, unused, undamaged and accompanied by the identification tag or label or seal attached. In particular, the products must not show obvious signs of use, other than those compatible with the performance of a normal test of the article, so they must not bear any trace of prolonged use (more than a few minutes) exceeding the time necessary for a test and must not be in such a state as not to allow resale. Emanuela Vincenzi will not be able to accept the return if these conditions are not properly met and if the label or sticker or seal is not intact and attached to the products. In addition, the customer will not be able to exercise the right of withdrawal in the cases provided for in Article 59 of the Consumer Code, by way of example in the case of customized products or sealed products that are not suitable to be returned for hygienic reasons or related to the protection of health and that have been opened after delivery. After verifying the proper execution of the above terms and conditions, Emanuela Vincenzi will activate the procedure for the refund of all payments received from the customer, without undue delay and in any case within (14) fourteen days from the day on which it was informed of the customer's decision to withdraw from the contract. The refund will be made using the same means of payment used by the customer for the initial transaction, unless otherwise agreed with the customer, who will not incur any costs as a consequence of such refund. The actual time for the re-credit or refund of the amounts depends on the payment method used, in any case the order for payment in return will take place within the aforementioned period. The refund may be suspended until Emanuela Vincenzi has received the products or until the customer has demonstrated that he/she has returned the goods, whichever situation occurs first. The refund may also be confirmed by email. If the terms and conditions for the exercise of the right of withdrawal are not met, there will be no right to a refund of the sums already paid. The non-acceptance of the return will be communicated to the customer by Emanuela Vincenzi, via email, in the same manner and within the terms described above for acceptance. However, the customer may re-obtain, at his or her own expense, the products in the state in which they were returned to Emanuela Vincenzi. The customer will be held responsible for any decrease in the value of the products resulting from handling other than that necessary to establish their nature, characteristics and operation. The exercise of the withdrawal terminates the contract between Emanuela Vincenzi and the customer, subject to the obligations to return the products and reimbursement and all others described herein, as well as to terminate by right all ancillary contracts, if any.

9. EXCLUSIONS OF THE RIGHT OF WITHDRAWAL

The exercise of the right of withdrawal is excluded in the following cases: - in the case of supply of products made to measure or clearly customized; - in the case of supply of products that are likely to deteriorate or expire rapidly; - in the case of supply of sealed products that are not suitable to be returned for hygienic reasons or related to the protection of health and have been opened after delivery; - in the case of supply of products that, after delivery, are, by their nature, inseparably mixed with other goods; in this regard, the customer also acknowledges that the graphic representation proposed on the site may be different from reality: the images and photographs in fact may not reflect the actual appearance of the final product.

10. LEGAL GUARANTEE OF CONFORMITY, OTHER LEGAL GUARANTEES AND ANY COMMERCIAL GUARANTEES

The customer, if he/she is a consumer (i.e., the natural person who buys the products for purposes unrelated to his/her commercial, craft, entrepreneurial or professional activity, if any) has the right to make use of the legal guarantee of conformity provided by the Consumer Code. if the customer is a consumer and has received goods with conformity defects, because: - the goods are not suitable for the use for which they are intended, - the goods do not conform to the description, - the goods do not have the usual qualities of a good of the same type, taking also into account the particular nature of the good, he has the right to the legal guarantee when the defect becomes apparent within 2 (two) years from delivery. In this case, the customer is invited to contact Emanuela Vincenzi in writing as soon as possible and in any case within the maximum forfeiture period of 2 (two) months from the discovery of the lack of conformity, remembering that the warranty is prescribed in any case in 26 (twenty-six) months from delivery. Conformity defects, however, will be evaluated according to the craftsmanship and originality of the product, for which small imperfections or irregularities are integral parts of the product itself. in this communication, the customer (if consumer) may request to exercise the rights of legal guarantee of conformity, as follows. In particular, the customer has the right to the restoration, without charge, of the conformity of the good by replacement, or an appropriate reduction in price or termination of the contract. For the purposes of the above, one of the two remedies is to be considered excessively onerous if it imposes unreasonable expenses on Emanuela Vincenzi in comparison with the other, taking into account: a) the value that the good would have if there were no conformity defect; b) the extent of the conformity defect; c) whether the alternative remedy can be exercised without significant inconvenience to the consumer. Replacements will be made within a reasonable period of time from the request. As mentioned above, the customer may also request, at its option, a reasonable reduction in price or termination of the contract where one of the following situations occurs: a) replacement is impossible or excessively burdensome; b) Emanuela Vincenzi has failed to replace the good within the above-mentioned reasonable period; c) the replacement previously made has caused significant inconvenience to the customer who is a consumer. In determining the amount of the reduction or the amount to be returned, the use of the good shall in any case be taken into account. After the notification of the lack of conformity, Emanuela Vincenzi may offer any other remedy available, with the following effects: a) if the customer has already requested a specific remedy, we remain obliged to implement it, with the necessary consequences with regard to the commencement of the aforementioned congruous period, unless the customer accepts the proposed alternative remedy; b) if the customer has not already requested a specific remedy, he will be obliged to accept the proposal or reject it by choosing another remedy as indicated above.Finally, we remind you that a minor conformity defect for which it has not been possible or is excessively burdensome to exhaust the remedies of repair or replacement, does not entitle the customer to terminate the contract. To exercise the legal guarantee of conformity, the customer should contact support at the following address:

Emanuela Vincenzi - Via Piemonte n.18 - 21030 Cuveglio (VA) - C.F. VNCMNL75E70D086H - P.IVA 04002830125 - e-mail: hello@manulustudio.com

If, on the other hand, the customer is not a consumer, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided by the Civil Code, whereby in the case of defects in the products sold that make them unfit for use or that are such as to appreciably diminish their value, he may ask for a reduction in price or termination of the sale in the cases provided for by the same Civil Code and to this end he must notify us of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year from delivery. For such warranty, the customer may apply to the same addresses as above. Without prejudice to the foregoing, the possible presence of a conventional warranty (so-called "commercial warranty") for certain products will be communicated on the site, with the respective conditions, in the specific sheet of the products themselves. In such cases, for defects covered by the commercial warranty it will be up to the customer to contact the service department in the manner set forth in the conventional warranty, showing the receipt or invoice of purchase and the undamaged original packaging.

11. ERRORS OR INACCURACIES

Emanuela Vincenzi undertakes to constantly update information relating to the description and / or sale of products, and reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to change or update information at any time without prior notice. In particular, if the price of a particular product is particularly higher or lower than the price normally charged on the market, or if it is exceptionally zero, the customer is requested to report it so that the error can be corrected. In any case, Emanuela Vincenzi undertakes to notify the customer if the requested product has an incorrect price, so it will correct the error and give the customer the opportunity to confirm whether he/she still intends to proceed with the purchase at the correct price or desist.

12. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The website www.manulustudio.com , the Manulu Studio trademark and all its further verbal and figurative trademarks, any other object of intellectual and industrial property pertaining to the same and the site and any further rights arising therefrom are the exclusive property of or under license for use by Emanuela Vincenzi, who is also the owner of the intellectual property rights of the site and the right to disseminate the elements that are contained in the catalog of the online store and, in particular, photographs and other images for which she has obtained the necessary permissions from the persons concerned, where requested and/or necessary and unless otherwise indicated. The purchase of a product or illustration does not transfer its copyright, which remains the property of Emanuela Vincenzi. The partial or total reproduction, on any kind of support, of the elements that make up the site and the catalog, their use as well as their transfer to third parties is prohibited. It is therefore prohibited to copy, disclose and modify content protected by copyright, trademarks or other intellectual and industrial property rights. The trademarks and logos of the platforms that grant payment instruments, social networks, couriers and the like and any other logo not directly or indirectly traceable to Emanuela Vincenzi are the property of their respective owners and are indicated on this site only for information purposes to enable the execution of the relevant services.

13. SECURITY OF THE SITE AND USERS

In line with Emanuela Vincenzi's goal of making safe the use of the site by all users, it is prohibited to post spam, develop or use applications detrimental to the site and its users, to use the site for illegal, deceptive, malicious or discriminatory purposes; to take actions that may impede, overload or impair the proper functioning or appearance of the site; to enter false and / or invented and / or fictitious data and / or third persons other than the user / client, except in cases of legal representation, in the registration process necessary to activate against him the process for the execution of this contract and its further communications; to commit any other action is detrimental to Emanuela Vincenzi for its partners and users.