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General terms and conditions of sale
Welcome to the website www.christmastheoriginal.it, the official online store of Mr. Christmas, hereinafter the Site.
The Site is managed and maintained by Mr. Christmas s.r.l. with registered office in 00134 Rome, Via Domicella 63, Italy, tax code, VAT number and registration number in the Rome Commercial Register 138184007, hereinafter “Mr. Christmas”.
Access and use of the Site is regulated by the General Conditions of Use.
Access and use of this Site, as well as the purchase of products, presupposes that you have read, understood and agreed to these obligatory General Conditions of Use, as well as the General Conditions of Sale. If you do not agree, in whole or in part, with the General Conditions of Use of the Site, please do not use our website.
Anyone accessing and using the Site, implicitly declares not to use the Site for illicit purposes or those contrary to the applicable laws in force.
Mr. Christmas can modify or simply update, partially or in full, the Site’s General Conditions. Changes and updates to the General Conditions will be notified to users on the Website Homepage as soon as they are adopted and they will be binding as soon as they are published on the Site in this same section.
If any clause of these General Conditions are deemed illegal, null and void or ineffective for whatever reason, such invalidity or inefficacy shall have no effect on the validity or efficacy of the remainder provisions.
2. Site Contents
Access and use of the Site, including viewing web pages, the communication with Mr. Christmas, the ability to download information on products and purchase them on the website, are activities conducted by our users exclusively for uses personal unrelated to any commercial, entrepreneurial and professional activity.
3. Liability limits
By accessing the site, you will be the only one liable for the use of the Website and its contents. In fact, Mr. Christmas cannot be held responsible for any use of the Site and its contents that does not comply with the laws in force by each of its users, without prejudice to Mr. Christmas’s liability for intention and gross negligence. In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
Finally, since each material will be downloaded or obtained through the use of the service at the user’s choice and risk, any responsibility for any damage to computer systems or loss of data resulting from the download operations falls on the user and cannot be attributed to Mr. Christmas. Mr. Christmas declines all responsibility for any damage resulting from inaccessibility to the services on the Site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, problems connected to the network, providers or links telephone and / or telematic, to unauthorized access, to alteration of data, to the failure and / or faulty functioning of the user’s electronic equipment.
The user is responsible for the custody and correct use of his personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may arise against Mr. Christmas or third parties as a result of the incorrect use, loss, theft of such information.
5. Intellectual Property Rights
All content, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, the functions and software that are part of the Site are protected by copyright and any other intellectual property right of Mr. Christmas and the other rightsholders. Reproduction, in whole or in part, in any form, of the Site and its contents, without the express written consent of Mr. Christmas is prohibited. Mr. Christmas has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. With regard to the use of the Site, you are only authorized to:
(i) view the website and its contents;
(ii) perform any other temporary reproduction activity which is not related to any personal economic purpose, considered provisional or additional, and integral and essential activity for the visualization of the Site and its contents;
(iii) any other navigation activity on the Site, performed exclusively in view of a licit use of the same site and its contents;
Any additional reproduction activity shall be authorized by Mr. Christmas from time to time or by the authors of the single works available on the Site, if needed. Such reproduction activities shall be anyhow performed for licit purposes and in compliance with copyrights and all the other intellectual property rights of Campagnolo, WS and authors of the single works available on the Website. The authors of individual works published on the Site are entitled to claim paternity of their works at any time and to oppose any deformation, mutilation or other modification of the works themselves including any act to damage caused to the works, which is of prejudice to their honor or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on the Site or who have collaborated with it in the creation of new expressive and artistic forms intended to be published, even if not exclusively on the Site, or, again, that form an integral part of it. Moreover, you are not authorised under any circumstance, to use the contents of the website and any single work protected by copyright and any other intellectual property right, in any way or form. By way of example, you cannot alter or otherwise modify the contents and protected works without the consent of Mr. Christmas and, where necessary, of individual authors of the works published on the Site.
6. Applicable law
These General Conditions are governed and interpreted by Italian law, including, by way of example and not exhaustive, any dispute concerning the existence, validity and effectiveness of the General Conditions and any other agreement that makes them referral. If you are a customer, please refer to Legislative Decree no. 206 of 6 September 2005 – “The Consumer Code” plus any amendments and additions to the same, for further details on the juridical aspects regulated by these General Conditions.
8. Referral clause
Please refer to the General Sales Conditions for any aspects not contemplated by these General Conditions, as applicable.
Conditions of sale
1.1. These general terms and conditions of sale (hereinafter, the“Conditions”) apply to purchases of CHRISTMAS THE ORIGINAL brand products (hereinafter, the “Products” or “Product”) made via the e-commerce website (hereinafter, the “Site”) by users qualifying as “Customers” pursuant to the following article.
1.2. The parties involved in purchases of Products made through the Website, the telephone assistance services, the addresses provided by the Customer are Mr.Christmas s.r.l. in the role of seller (hereinafter, the “Seller”) and whoever purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as a customer (hereinafter, the “Customer”).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited. Seller and Customer are hereinafter referred to collectively as the “Parties”.
All purchase order fulfillment activities, including the delivery of Products, management and resolution of complaints, management of practices relating to the exercise of the right of withdrawal pursuant to artt. 52 and ss. of the Consumer Code, refunds, returns, also pursuant to artt. 128 and ss. of the Consumer Code, will be managed by the Seller.
1.3. The Seller owns all rights to the Site’s domain name, the logos and the trademarks pertaining to the products offered in the Site, as well as the copyright to the contents of the Site.
1.4 Any and all Customer communications connected with or relating to purchases of Products – including any notifications, complaints and requests concerning the purchase or the delivery of Products, exercise of the right to cancel transactions, etc. – are to be sent to the Seller at the addresses and in the ways stated in the Site and to e-mail address [email protected]
1.5. Each and every purchase is regulated by the version of these general terms and conditions of sale published in the Site at the time the Customer places an order.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Customers only. It follows that only Customers are permitted to submit orders via the Site.
In any event, should one or more sales be made towards a person who cannot be qualified as a Customer, these general terms and conditions shall apply, but, in departure therefrom:
a) the party concerned will not be entitled to cancel transactions as contemplated in article 10 hereof;
b) the party concerned will not benefit from the warranty on the Products contemplated in article 8 hereof;
c) no other benefits will be acknowledged to the buyer, foreseen herein in favour of the Customer.
1.7. A Customer who sends a purchase order agrees and accepts that confirmation of the information regarding the order placed and these Conditions and confirm the relevant information.
1.8. Customers must be of adult age (over 18) and legally and mentally competent in order to be able to purchase Products through the Site and they declare that they possess such requisites when they place an order.
1.9. Customers are liable for any and all costs incurred for Internet connection to the Site, including telephone expenses, at the rates charged by their chosen operators.
2. Product characteristics and product availability in different geographical areas
2.1. The Products are sold with the characteristics described in the Site and in compliance with the Conditions published in the Site at the time an order is placed, to the exclusion of any other term or condition.
2.2. The Seller reserves the right to amend these Conditions at any time and at its discretion, without the need to previously notify the Site’s users. Any amendments made will become effective as of the date they are published in the Site and they shall apply only to sales concluded from that date onwards.
2.3. The Products on sale in the Site, their characteristics and their prices may be changed without warning. These variations operate only for orders not yet confirmed at the date of the variation itself.Before placing an order in compliance with article 3 below, Customers are invited to check the final sale price of the relevant Products.
2.4. The Site can be visited by users in any part of the world. However, the Products available in the Site can only be purchased by users requesting delivery in one of the countries listed in the Site.
3. Purchasing process – conclusion of each individual sale transaction
3.1. The presentation of the Products in the Site, which is not binding on the Seller, consists in a simple invitation to Customers to submit a contractual proposal to purchase them and is not an offer addressed to the general public. 3.2 An order sent by a Customer to the Seller via Site has the validity of a contractual proposal and is regulated by these Conditions, which form an integral part of the order itself and which the Customer, by placing the order with the Seller, agrees to in their entirety and without any reservation. Before purchasing Products by placing an order, Customers are asked to carefully read and accept these Conditions of sale.
3.3. A Customer’s order is accepted by the Seller when it sends the Customer, to the e-mail address provided by the Customer when registering with the Site or when placing the order in the case of Customers not registered with the Site – an e-mail confirming the order placed that contains: a summary statement of the order made, including detailed indication of the price, shipping costs and applicable taxes and a description of the characteristics of the Products ordered. The Customer’s order, the Seller’s confirmation of that order and the Conditions of sale applicable to the contract between the Parties will be stored in digital format by the Seller in its computer systems and the Customer may request a copy of same by sending an e-mail to the Seller at the address [email protected]
3.4. Any purchase contract for Products is deemed to be concluded on receipt by the Customer of the Seller’s order confirmation via email.
4. Procedure for selecting and purchasing products
4.1. Customers may purchase the Products featured in the Site by selecting those they wish to buy, which are put into their virtual shopping basket. Once the Product selection process is completed, in order to purchase such Products the Customer will be asked
(i) to register with the Site, providing the information requested, or
(ii) to log in to the Site if already registered with it, or [and]
(iii) to provide his/her data in order to complete the order and enable the conclusion of the transaction. Should the data provided in the order be different to those provided when registering with the Site, the Customer will be asked to confirm his/her data (for example: first name, surname, etc.), as well as the address to which the Products selected are to be delivered, the invoicing address and, optionally, a telephone number on which he/she can be contacted if necessary with regard to the purchase made. The Customer will see on his/her screen a summary of the order to be filled and will be able to alter its contents; then, after carefully reading them, the Customer is asked to expressly approve these Conditions by checking the apposite box in the Site and will lastly be asked to confirm the order by clicking on the “Order Confirmation” tab, after which the order will be definitively transmitted to the Seller and will produce the effects described in article 3.2 hereof. The Customer will also be asked to select the delivery option and method of payment from among those offered. Should the Customer choose to pay immediately (concurrently with purchase) by credit card or PayPal, he/she will be required to provide the relevant details via a secure connection. In order to meet its own accounting and administrative requirements, the Seller reserves the right to check the details provided by Customers. If payment is made by credit card, the amount due will only be charged when the Seller sends its order acknowledgement to the Customer.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Customer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Customer is kindly requested not to proceed with the purchase order and report the technical error to the Seller’s Customer Care service by e-mail to the following address [email protected]
4.3. If the Customer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, if the Customer has not yet received the Product, the Seller shall (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Customer during the order transmission phase and (ii) refund the Customer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Customer for the initial payment.
5. Delivery and acceptance of goods
5.1. The Site states whether Products are in stock or not and their estimated delivery times; that information is nevertheless to be considered purely indicative and not binding on the Seller.
5.2. The Seller undertakes to use its best efforts to meet the delivery terms stated in the Site and, in any event, to make deliveries within a maximum of 30 (thirty) days of the day after the date on which the Seller accepts the Customer’s order. If the Seller fails to fill an order due to a Product being even just temporarily out of stock, the Seller will so notify the Customer in writing and refund the amount already paid by the Customer for that Product as set out in paragraph 5.3. below.
5.3. Products ordered by a Customer will be consigned in the way chosen by the Customer from among the options available and offered in the Site at the time the order is placed. The Customer undertakes to check as soon as possible that the consignment contains all the Products purchased and only them and to promptly inform the Seller of any fault in the Products received or their discrepancy with the order placed, no later than 14 days from the order of the Products; otherwise the Products will be deemed accepted. Should the packaging or the packing containing the Products ordered by the Customer be obviously damaged when they reach their destination, the Customer is invited to refuse their delivery by the carrier/shipper or accept it “with reservation”.
6. Prices, delivery charges, taxes and duties
6.1. A Product’s price is that reported in the Site at the time the Customer places an order. Prices are inclusive of standard packaging costs, VAT (if applicable) and any other indirect taxes (if applicable), whereas they do not include delivery charges, which are calculated in the order confirmation that the Seller sends to the Customer and the Customer undertakes to pay them to the Seller in addition to the price reported in the Site.
6.2. The Customer has to pay to the Seller the total price of the Products ordered as reported in the order confirmation that the Seller sends to the Customer by e-mail.
6.3. If the Products are to be delivered to a country outside the European Union, the total price in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, the Customer hereby undertakes to pay, in addition to the price stated in the order and confirmed in the order confirmation, any and all applicable taxes and excise duties payable under the laws of the country in which the Products are to be delivered. Customers are invited to obtain information about any excise duties or taxes applied in the country where they live or where the Products are to be delivered from the competent authorities in those countries.
6.4. Customers are liable for any and all additional costs, charges, taxes and/or duties whatsoever that a given country may apply, on any grounds, on Products ordered pursuant to these Conditions.
6.5. Customers hereby acknowledge that their ignorance at the time they place an order with the Seller of the costs, charges, excise and other duties and/or taxes contemplated in the foregoing paragraphs 6.3 and 6.4 cannot constitute cause for terminating this agreement and that under no circumstance can the relating sums be charged to the Seller.
7.1. The price of Products purchased through the Site must to be paid within the mandatory term of 10 (ten) days after the date on which the Seller sends the order confirmation to the Customer. The Customer expressly agrees that processing of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payment may be made by credit card or through PayPal or bank transfer. The Seller may allow Customers to use other additional methods of payment by including them in the payment options offered in the relevant section of the Site.
7.3. Customers who pay by credit card will be transferred to a secure server and their credit card details will be disclosed directly to the credit card details will be communicated directly to the operator which processes payments on behalf of the Seller. The data disclosed will be transmitted in secure mode. Not even the Seller is able to access such data.
7.4. The purchase receipt will be sent by email to the Customer at the end of the purchase and it can be viewed from My Account page.
8. The seller’s warranty, non-compliant products and warranty claims
8.1. In compliance with and to the effects of European Directive no. 99/44/EC and Italian Legislative Decree no. 206/2005 (hereinafter, the Consumer Code) the Seller warrants to Customers that the Products will be without faults in their design and materials and consistent with their descriptions published in the Site for a period of 2 (two) years from the date they are delivered to Customers. No warranty shall apply if a Product has been used or washed improperly or other handling that does not conform to that of the Product.
8.2. On pain of forfeiture of this warranty, Customers are obliged to report any faults and/or inconsistencies no later than 14 (fourteen) days after their discovery by sending an e-mail to the Customer Service department at the following address: [email protected]
8.3. Following its receipt of such a claim, the Seller will examine the faults and/or inconsistencies reported by the Customer and, after carrying out the quality controls required to verify the Product’s effective inconsistency with its description, will decide whether to authorize the repair of the Products under warranty or, where not possible, authorize the return of the Products in question and so inform the Customer by e-mail sent to the address provided by the latter when registering with the Site or when placing the relevant order. Under no circumstance will an authorization to return Products constitute an admission of faults or inconsistencies, the existence of which will have to be ascertained after their return. Products whose return is authorized by the Seller are to be returned by the Customer concerned within 14 (fourteen) days of the date of such authorization, to the following address:
Mr. Christmas srl Via delle Antille 29/A – 00071 POMEZIA (RM) ITALIA
8.4. In the event of defects or non-conformities, the Customer will be entitled to have the Product restored to conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of the Legislative Decree n. 206/2005. If the Seller undertakes that it will reimburse the price paid to the Customer; where possible, such sum will be returned using the same payment method used by the Customer to purchase the Product or by bank transfer. Customers are required to provide the Seller by e-mail to the address [email protected] with the details of their bank account needed for bank transfer purposes so as to enable the Seller to return the amount due.
8.5. Products repaired, modified or in any way altered by the Customer are excluded from the Legal Guarantee. Failures or malfunctions or defects of any other type caused by accidental events or by the responsibility of the Customer or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product, if any, or in the instructions for use relating to the same are excluded from the Legal Guarantee.
9. Liability for damages ensuing from faulty products
9.1. The relevant provisions of European Directive no. 85/374/EEC and the Consumer Code shall apply in any case of damages caused by faults in Products.
10. Right to cancel-informative notice
10.1. Subject to the exceptions provided for in Article 59 of the Consumer Code and for the purchase of customized products at the request of the Customer, Customers are entitled to withdraw from any transaction concluded pursuant to these Conditions, without incurring any penalty, within 14 (fourteen) days of the date on which (i) a Product is delivered, or (ii) the last Product is delivered when a number of Products are purchased by means of a single order but delivered separately.
10.2. To exercise the right of withdrawal, the Customer can proceed with the return of the entire order or only partially by sending an e-mail to the following e-mail address: [email protected] specifying in the object “RETURN, the order number and surname used at the time of purchase, inserting in the text the items for which you intend to exercise the right of withdrawal.
10.3. A Customer who fulfils the requirements set forth in the foregoing 10.2 will receive an e-mail confirming his/her exercise of the right to cancel, containing the instructions on how, if you have already received the ordered product in the meantime, the Product(s) is/are to be returned. Said parcel is to be sent no later than 14 (fourteen) days thereafter to:
Mr. Christmas srl Via delle Antille 29/A
00071 POMEZIA (RM) ITALIA
10.4. If the Customer has received the Product, he is required to return it to the address indicated above as soon as possible and, in any case, within 14 days from the cancellation date. The deadline is met if the Customer returns the goods before the expiry of the 14 days period. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Customer. The Customer must also arrange to ship the Products, using a carrier of his choice and at his own expense.
10.5. Customers who cancel a purchase order will be reimbursed the full price of the purchased Product(s), including delivery charges, if the withdrawal concerns all the items covered by the order without undue delay and, in any event, no later than 1) days after the date on which they exercise their right of withdrawal. The relevant amount will be reimbursed using the same method of payment used by the Customer concerned to purchase the Product(s), unless the Customer requests a different method of payment, in which case the Customer shall be liable for any additional costs ensuing from such different method of payment. Reimbursement may be suspended until the Products to be returned are received or the Customer provides proof that the Products have been sent back, whichever occurs first. The additional costs arising from the choice of a type of delivery other than the cheaper type of standard delivery offered as well as the price and any additional costs relating to customizations relating to the Products and the related services will not be reimbursed.
10.6. Customers are liable for any loss of Product value resulting from a Product being handled in any way other than as necessary to establish its nature, characteristics and working order. Therefore, if the returned goods are damaged (for example with sign of wear and tear, abrasion, scratching, deformation, etc.), not complete with all their elements and accessories (including the labels and tags unaltered and attached to the product), not accompanied by the attached instructions / notes / manuals, the original packaging and the guarantee certificate, if present, the Customer will respond of the decrease in the asset’s value, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Customer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protect it during transport even from writings or labels.
11. Intellectual property rights
11.1. The Customer confirms that he/she has been informed that all trademarks, names, as well as all distinctive marks, appellations, images, photographs, written texts and graphics used in the Site and/or in connection with the Products are and will continue to be owned exclusively by Mr. Christmas srl. and/or its successors in title and that no right to same shall ensue to the Customer as a result of visiting the Site and/or purchasing Products. 11.2 The Site’s contents cannot be reproduced, whether in full or in part, transferred using digital or traditional equipment, altered or used for any purpose whatsoever without Mr. Christmas srl’s prior written consent.
12. Customers’ data and data protection
12.1. The Site requires Customers to provide certain personal data in order to be able to register with it, place orders and thus conclude sales transactions. The Customer acknowledges that the personal data he/she provides will be recorded and used by Mr. Christmas srl., in accordance and compliance with the provisions of Italian law Legislative Decree no. 196/2003 and subsequent amendments – Privacy Code, in order to complete each purchase made through the Site and, with the Customer’s consent, conduct any additional operations as stated in the apposite Privacy Notice furnished to Customers via the Site when they register with it.
12.2. The Customer represents and warrants that the data he/she supplied to the Seller during the registration process and/or when purchasing Products are valid and correct.
12.3. Customers may update and/or alter the personal data supplied to the Seller by going to the dedicated section of the Site’s “My Account” area, which can be accessed by logging in.
Even though the Seller puts measures in place to protect personal data against the possibility of their theft, falsification, manipulation and improper use by third parties, by reason of the characteristics of and the technical limitations pertaining to the protection of digital communications via the Internet, the Seller is unable to guarantee that the information or data that a Customer sees in the Site, even after logging in (login), cannot be accessed or seen by unauthorized third parties.
14. Governing law, attempt at amicable settlement and jurisdiction
14.1. Each transaction concluded by and between the Seller and Customers pursuant to these Conditions will be regulated and construed in compliance with Italian law, and in particular with the Consumer Code, making specific reference to the legislation on distance contracts (remote sales), and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning e-commerce. In any event, any rights granted to Customers under mandatory provisions of the laws in force in their own Country shall not be affected.