Terms and conditions

TERMS AND CONDITIONS OF USE 


1. PREMISE 


The contractual conditions (hereinafter "Terms and Conditions") outlined in this document, divided into Sections from 1 to 13, define the legal terms applicable to the use of the website https://www.maralps.it/ (hereinafter "Maralps"), any of its subdomains, and any other website managed, directly or indirectly, by Maralps, as well as any mobile applications (APP) or applications developed by Maralps and the services provided. 

Please read the Terms and Conditions carefully, and by using the services offered by Maralps, you agree to be bound by them. The use of the website or the placement of an order will be considered as acceptance of the Terms and Conditions. 

Maralps does not archive copies of the contracts between you (hereinafter "Users") and Maralps regarding the provision of services or copies of contracts between you and the seller (also "Merchant") for the sale of products. Therefore, it is advisable to print or save a copy of the Terms and Conditions for reference. Maralps reserves the right to modify the Terms and Conditions following the introduction of new laws, sector regulations, or changes in its marketing or business policy. Therefore, we encourage you to periodically review the website and the prevailing legal terms displayed there. 


2. WHO IS MARALPS


Maralps is an online fashion e-commerce platform featuring fashion items from various brands through the website https://www.maralps.it/. 

The website https://www.maralps.it/ is owned by Maralps Srl di Maurizio Marcotto, a company with its registered office in ITALY at Sterzing | Vipiteno (BZ) in Neustadt | Via Città Nuova, 45/A, VAT: 03028650210. 


3) MARALPS SERVICES – SHIPPING SERVICE


The provision of the product delivery service occurs between the User and Maralps, and therefore, the User will enter into a contract with Maralps for the delivery of purchased products. The contract concluded between the User and Maralps is considered executed at the time of the actual product delivery by the courier or the User's retrieval of the products from Maralps' premises. 

General rules apply to product delivery: 

  • The processing time for each product is indicated on the product details page and may vary depending on the selected product. In most cases, orders are processed within 24/48 working hours from the order or payment date.
  • The final price of the product includes Italian VAT, excluding customs duties and other import taxes, which the User, as the order recipient, must pay directly to the courier. For further information, the User is advised to contact the local customs office or respective tax authorities. 
  • After confirming a product order, the User will receive an email containing all purchase details. 
  • The User can always cancel a product order before it is shipped by Maralps by contacting Maralps Customer Service. 


4) USER MODIFICATION LIABILITY IN SERVICES


In case of non-compliance with these Terms and Conditions, Maralps will be responsible for losses or damages suffered by the User if they are the foreseeable result of a violation of these Terms and Conditions or negligence. Maralps will not be liable for unforeseeable losses or damages. Losses or damages are foreseeable if they are an obvious consequence of a breach by Maralps or if they were contemplated by Maralps and the User at the time of using the services. 


5) PRODUCTS


Maralps is committed to providing the most accurate description possible of the products offered on the website. However, it is not possible to guarantee that all details are always accurate, complete, or free of errors. For further product information, the User can contact Customer Service. Product images on the website are for illustrative purposes only; photographic reproduction may not precisely reflect the actual color of the product due to limited or defective image reproduction on the User's computer. 

As a consumer, the User enjoys legal protection provided by Legislative Decree No. 206 of September 6, 2005 (hereinafter "Consumer Code"). No clause in these Terms and Conditions can affect the rights granted by the Consumer Code. 

 Products sold by Maralps are intended solely for domestic and private use and cannot be used for commercial purposes or resale activities. 


6) ORDERS, PRICES, AND PAYMENT


The procedure for placing a purchase order is described in the relevant section of the Maralps website. When the checkout process is completed, and the order is placed by clicking the "Place Order" button on the checkout page, the User confirms the intention to purchase products from the Merchant. 

All orders are subject to confirmation of product availability and order cost by Maralps. 

To place an order for products, the user must be at least 18 years old. The user's order, once placed, confirms the accuracy and truthfulness of all provided personal data, the possession of the required minimum age, authorization as a user of the credit or debit card used for payment, and the availability of sufficient funds in the bank account to cover the order's cost. The website's procedure allows the user to review the order and correct any errors before completing the purchase. It is the user's responsibility to check and verify the order at each step of the process to ensure the accuracy of the provided information. 

The identity of the merchant (Merchant) is displayed on the order confirmation page at the time of placing the order. Following the confirmation, the user will receive an email confirming the receipt of the order. 


7) RETURN POLICY


Depending on the place of residence, the user has the right to cancel an order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCR") or corresponding consumer legislation in EU member states. This means that if the user changes their mind or decides, for any reason, not to keep the purchased products during a certain cooling-off period, they can communicate the decision to cancel the order.

Once the products are returned, a full refund will be issued, including the original delivery costs. The user, in accordance with Article 52 and following of the Consumer Code, has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, the user must send a communication to Maralps within 14 days from the date of receiving the products using the form available on the Maralps website. Alternatively, if the user intends to exercise the right of withdrawal before receiving the products, the withdrawal communication can be sent at any time before their receipt. 

This communication can be sent via email to info@maralps.it. The communication must be sent within the same period (i.e., 14 days). 

Upon receiving the communication, Maralps Customer Service will open a case for return management and provide the user with instructions on the return procedure. 

In the case of the user exercising the right of withdrawal, Maralps will arrange a refund of the entire amount for the returned goods. The refund will be made as soon as possible using the same payment method used by the user, unless they have expressly requested a different refund method. In the case of a bank transfer, it is the user's responsibility to provide the bank details for the refund (account holder, name and address of the bank, and complete IBAN code). 

According to Article 56, paragraph 3, of the Consumer Code, Maralps will arrange the refund to the user within 14 (fourteen) days from the date of receiving the goods from the Merchant.



8) MARALPS WEBSITE


The following section defines the rules applicable to the User's use of the website, whether for ordering products or simply for navigation. By using the website, the User expressly agrees to these rules. 

The site is made available free of charge, and it is the User's responsibility to comply with all necessary provisions to access it. The User is also responsible for ensuring that anyone accessing the site through the User's internet connection is aware of the present Terms and Conditions and adheres to them. 

Access to the website is allowed on a temporary basis and does not include any commercial use of the website or its content. Reproduction, copying, and/or exploitation of the website for commercial purposes are not allowed without prior written consent from Maralps. 

Maralps reserves the right to interrupt or modify the website without notice or to limit its accessibility, in whole or in part. Maralps cannot be held responsible if, for any reason, the website becomes unavailable at a specific time or for a certain period. 

It is not allowed to use the website in a way that may cause interruption, damage, or limitation to the website or its access. The User also acknowledges being responsible for all electronic communications and content entered on the site and is required to use the website only for legitimate purposes. Therefore, the use of the website for the transmission, distribution, dissemination, uploading, posting, presentation, use, or storage of offensive or otherwise unacceptable content by Maralps is not permitted. This includes content of a pornographic and pedophilic nature, blasphemous, sexist, homophobic, defamatory, misleading, obscene, or offensive, as well as insults of an ethnic, racial, or religious nature, the glorification of violent acts or acts motivated by hatred, and illicit behaviors. Communications containing advertising, market research, pyramid or chain letters, prize contests, and other materials that may lead to civil or criminal consequences are also unacceptable. 

In such cases, Maralps reserves the right to limit or cancel the User's access to the site and to forward the relevant content to the competent authorities, if there has been or is suspected content uploaded by the User that violates these Terms and Conditions (or other applicable rules), without the need to demonstrate the initiation of legal action or a complaint. 

The User is not allowed to violate, through Maralps, copyright, trademark, privacy, and data processing rules or any other rights, nor upload material that is in any way offensive to third parties, or contains computer viruses, political campaigns, mass mailing, or any form of spam that may cause damage, annoyance, or inconvenience to anyone. 

In the event of a violation of these Terms and Conditions, the User will be obliged to fully compensate Maralps for the costs, expenses, damages, and losses, including any interest, fines, and legal fees or other fees and professional expenses incurred by Maralps as a consequence of or in relation to the infringement committed by the User. 

Maralps does not guarantee that all or some functions of the website, services, or products and services of third parties will work on any specific device. 

The User may create links to the website, provided that this is done correctly and legally and with the prior authorization of Maralps, which reserves the right to revoke the authorization to create the link at any time, at its sole discretion. If the website contains links to other sites provided by third parties, these links are provided for informational purposes only. Maralps has no control over the content of such sites, and therefore, such links cannot be interpreted as approval by Maralps of the linked websites. Maralps cannot be held responsible for any losses or damages resulting from the use of such sites by the User or third parties. 

Maralps reserves the right to update or modify the website or its content at any time. The contents of the website are provided for general information only. Maralps makes no statement or warranty, express or implied, that the website or any content in it is accurate, complete, up-to-date, or free from errors or omissions. To the extent permitted by law, Maralps excludes any condition, warranty, statement, or other term that may apply to the website or its content, whether expressed or implied. 

Maralps will not be liable to the User or third parties for any losses or damages arising from or in connection with the use or inability to use the website, or the use of or reliance on any content displayed on the website. 

Maralps makes the website available for domestic and private use only and, as such, assumes no responsibility towards the User for any loss of profit, loss of business, disruption of activities, or loss of business opportunities.

Maralps will not be liable for any losses or damages caused by computer viruses, Distributed Denial-of-Service attacks, or other technologically harmful materials that may compromise computer equipment, software, data, or other material owned by the User due to the use of the website or the download of content on it, or on any website linked to it. 


9) PRIVACY POLICY (REFERRAL)


Maralps will use the User's personal data exclusively for administrative, accounting, promotional purposes, and to provide the requested services, even when the data is communicated to third parties. Detailed information about the purposes and methods of processing, the right of access, and other rights of the User are provided in the Privacy Policy, available on the Maralps website. By using the site, the User consents to the use of data as described in the aforementioned Privacy Policy. 


10) INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT


Maralps is the owner or licensee of all intellectual property rights of the website and its content (including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including their presentation and compilation). The rights to the website and its content are protected by international copyright laws, as well as other national laws on copyright or intellectual property. All such rights are reserved. It is not allowed to systematically extract and/or reuse parts of the website or its content (e.g., to create price and product lists). 

Unauthorized use or copying of the contents of the website or the use of the website's content contrary to these provisions may lead to the violation of copyright, trademark rights, as well as legal provisions. Users are prohibited from using any content of the website (or any content available through the website) in a way that infringes on the copyright of third parties, registered trademarks, or other rights. Maralps reserves the right to take appropriate action against those who engage in unauthorized use or violate these Terms and Conditions. Unless expressly stated otherwise, all individuals (including their names and images), third-party trademarks, and images of third-party products, services, and/or locations present on the website are in no way associated, linked, or affiliated with Maralps. All registered trademarks/names on the site belong to their respective owners.


11) FINAL PROVISIONS


Each section of these Terms and Conditions shall be considered separately. In the event that individual provisions are deemed inapplicable, the inapplicable provision will be replaced by a valid and applicable provision that comes as close as possible to the meaning of the original provision. This does not in any way affect the validity and applicability of the remaining provisions. 

In the event of a User's breach of these Terms and Conditions, Maralps' failure to exercise rights or remedies for the strict enforcement of any provision of these Terms and Conditions cannot be construed by the User as a waiver of the right to exercise such remedies or the right to enforce any of these provisions. 

These Terms and Conditions constitute the entire understanding between Maralps and the User, superseding any prior agreements or arrangements previously entered into between the Parties regarding the same subject matter.

Maralps assumes no responsibility for any failure to fulfill obligations towards the User if such failures are due to force majeure. Force majeure includes acts or circumstances beyond the reasonable control of Maralps, such as wars, acts of terrorism, embargoes, riots, strikes, lockouts, labor disputes, fires, floods, earthquakes, or other natural disasters, breakdowns, adverse weather conditions, disruption of transportation, government acts, or failures of public or private telecommunications or transport networks. In such cases, Maralps, where possible, will provide adequate notice to the User. 

Maralps undertakes to implement a complaint handling procedure to try to resolve disputes when they arise, and the User is invited to contact Maralps with any complaints or comments. For information on how to contact Maralps, the User can refer to the "Contact" section on the website. 


12) APPLICABLE LAW AND JURISDICTION


For all matters not expressly regulated by these Terms and Conditions, Maralps and the User will exclusively refer to the current legislation of the Italian legal system as applicable. 

The User agrees that, for any dispute related to the interpretation or execution of these terms and conditions—unless falling within those for which the law expressly provides the inderogability of territorial competence—the competent court will be exclusively the court of Modena.