General terms and conditions of online sales
General provisions
These terms and conditions are valid exclusively between the company MAKEMU ‘srl, with registered office in Viale Broccoli, 23 – 40024 Castel San Pietro Terme (BO), REA BO – 416963, VAT number 02156561207, hereinafter referred to as “MAKEMU”and any person that makes purchases online on the website www.makemu.ithereinafter referred to as ”CUSTOMER”. These conditions may be subject to change and they are valid from the date of publication on our website.
These conditions govern the purchases made on the website www.makemu.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, summarised in the Italian Legislative Decree no. n. 206/2005, amended by the Italian Legislative Decree no. n. 21/2014 and by the Italian Legislative Decree. 70/2003 on electronic commerce.
ARTICLE 1 – Object of the contract
With these general conditions of sale, MAKEMU sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.makemu.it. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER at www.makemu.itand the realization of a purchase order according to the procedure provided by the site itself.
The customer undertakes to examine, before proceeding to confirm his order, these general conditions of sale, in particular the pre-contractual information provided by MAKEMU and to accept them by placing a tick in the indicated box.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of the Italian Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the goods that are illustrated in the individual product data sheets (SHOP/ PRODUCT/ FEATURES) at the time of the choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline by which MAKEMU undertakes to deliver the goods;
- conditions, terms and procedures for exercising thereturn policy (article 6 of these conditions);
- information that the CUSTOMER will have to bear the costs of returning the goods in case of return/ exchange;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided by MAKEMU.
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending of an order confirmation email by MAKEMU to the CUSTOMER. The email contains the details of the CUSTOMER and the order number, the price of the goods purchased, shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly inform MAKEMU of any corrections.
MAKEMU undertakes to describe and present the articles sold on the website in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the website and the actual product may occur.
Furthermore, the photographs of the products presented on www.makemu.it do not constitute a contractual element, as they are only representative.
MAKEMU undertakes to send the goods within 3 days of MAKEMU sending the order confirmation email to the CUSTOMER.
ARTICLE 4 – Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. Even after sending the order confirmation email sent by MAKEMU, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be informed immediately by email.
If the CUSTOMER requests the cancellation of the order, by terminating the contract, MAKEMU will reimburse the amount paid within 14 days from the day on which MAKEMU was informed of the customer’s decision to terminate the contract.
ARTICOLO 5 – Modalità di pagamento
Each payment by the CUSTOMER can be done by means of the credit cards indicated on the website www.makemu.it, by bank transfer or by Paypal. Payments can also be made with the use of Gift Card and Loyalty Card. No other methods of payment are permitted.
The communications relating to the payment and the data communicated by the CUSTOMER in the moment of the purchase take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 – Prices
All sales prices of the products indicated on the website www.makemu.it are expressed in Euros and include VAT and, where applicable, the Raee (eco -tax) fee.
Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed, before the payment is made.
The CUSTOMER accepts MAKEMU’s right to change its prices at any time. However, billing will be based on the prices quoted on the website at the time of the order and listed in the MAKEMU confirmation email to the CUSTOMER.
In the event of an IT, manual, technical, or any other type of error that could result in a substantial change, not foreseen by MAKEMU, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be reimbursed within 14 days from the day of cancellation.
ARTICLE 7 – Return Policy
In accordance with the legal provisions in force, the CUSTOMER may exercise his right of return without any penalty and without specifying the reason, within 14 days of the date of receipt of the products.
The CUSTOMER who intends to exercise the right of return must communicate it to MAKEMU through an explicit declaration, which can be sent by registered mail to us. The CUSTOMER may also exercise the return policy by sending an explicit declaration containing the decision to withdraw from the contract.
When exercising the right of return, the CLIENT is required to return the goods within 14 days of the day on which he communicated to MAKEMU his wish to withdraw from the contract pursuant to art. 57 of Italian Legislative Decree 206/2005.
The goods must be returned to MAKEMU s.r.l., at the depot indicated by the MAKEMU operator and always in the Italian territory. The direct costs of returning the products are charged to the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and with complete documentation. After verifying compliance with the above, MAKEMU will refund the amount of the products subject to return within a maximum period of 14 days, including shipping costs paid by the CUSTOMER at the time of order.
As foreseen by art. 56 paragraph 3 of the Italian Legislative Decree 206/2005, amended by Legislative Decree 21/2014, MAKEMU may suspend the reimbursement until receipt of the goods or until the demonstration by the CLIENT that he has returned the goods to MAKEMU.
MAKEMU will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of return, he will have to provide MAKEMU with the bank details (IBAN, SWIFT and BIC) required for MAKEMU to make the refund.
ARTICLE 8 – Legal guarantee of conformity
In case of receipt of faulty or incorrect products, the CUSTOMER has the right to repair or replacement of the product without any additional costs. The CUSTOMER can exercise this right if the defect occurs within two years from delivery of the goods, and if he reports the defect to MAKEMU within two months of discovery.
ARTICLE 9 – Commercial guarantee
All products presented on the site www.makemu.itcome with, as well as the legal guarantee of conformity referred to in the previous article, a commercial guarantee whose duration is quoted on the product data sheets of the articles.
ARTICLE 10 – Delivery methods
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation email sent by MAKEMU.
Sales to individuals of tangible assets, through electronic commerce (online), are similar to mail order sales, for which the exemption from the receipt is valid, pursuant to art. 22, paragraph 1, n. 1, of the D.P.R. (Presidential Decree) 633/1972 and to the Italian Financial Degree 97 / E of 4 April 1997.
If you need an invoice, this must be requested strictly in conjunction with the order indicating the VAT number; in this case the collection will be recorded immediately in the corresponding book. The electronic transaction is valid as receipt of payment.
ARTICLE 11 – Responsibility
MAKEMU assumes no responsibility for lack of service due to force majeure or unforeseeable circumstances, even if this is due to malfunction and / or disruption of the Internet, or if it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 – Access to the websitewww.makemu.it
The CUSTOMER has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its contents is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of MAKEMU and are protected by intellectual property rights.
ARTICLE 13 – Cookies
The website www.makemu.ituses cookies. Cookies are electronic files that record information relating to the navigation of the CUSTOMER on the site (pages consulted, date and time of the consultation, etc) and which allow MAKEMU to offer a personalised service to its customers.
MAKEMU informs its CUSTOMERS of the possibility to remove the cookie data packets from their devices or to prohibit their storage by accessing the Internet configuration menu, which however could block the purchase of our products onwww.makemu.it. For more information on the use of cookies on www.makemu.it click here.
ARTICLE 14 – Integrality
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 – Applicable law and competent court
These General Conditions of Sale are subject to Italian law. The place of jurisdiction is the legal domicile of MAKEMU s.r.l., which is Bologna.
In any case, it is possible to resort to the procedures of mediation pursuant to the Italian Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage