Terms of service
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter the "General Conditions") have as their object the discipline of purchasing products, made remotely and made available, via the internet, from the website store.magnussiculus.com (hereinafter, the "strong>Site ") in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the "Consumer Code").
The seller of the products and owner of the Site is: Magnus Siculus S.r.l. with registered office in Via Raffaele Maffei snc, Castelvetrano 91022, TP, Italy, CF / PI 02673440810 and registration in the Companies Register of Trapani, REA: TP-188772, - E-mail address: firstname.lastname@example.org (hereinafter "Magnus Siculus")
The consumer who accesses the Site to make purchases (hereinafter, the "Customer") is required, before sending the order, to carefully read these General Conditions which have been made available on the Site and which will be available in every moment. also through the link contained in the confirmation email of each order, to allow it to be saved and stored
In the event that the person making purchases on the Site requests the issuance of an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett a) of the Consumer Code, the withdrawal regulation pursuant to art. 7 and art. 8 of these General Conditions nor, more generally, the provisions of the same Consumer Code will apply.
The contracts concluded with Magnus Siculus through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian, and this translation has a mere explanatory value: in case of doubt or misinterpretation, the Italian version shall prevail.
2. Choosing and ordering the Products
The characteristics and the price of the various products sold on the Site (hereinafter, the "Product" or "Products") are shown on the page relating to each Product.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General Conditions.
The contract stipulated between Magnus Siculus and the Customer must be considered concluded with the acceptance of the order by Magnus Siculus. This acceptance is communicated to the Customer through an e-mail confirming the order itself and containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation e-mail and if he detects errors in the order he will have 12 hours from the receipt of this e-mail to contact the Customer Service by e-mail or other suitable means to communicate the error detected. After this deadline, if the order has already been processed for shipping, changes will no longer be accepted, without prejudice to the Customer's rights referred to in article 7 below.
Once the order is received, Magnus Siculus will check the availability of the stocks for the fulfillment of the order. In the event that one or more Products are not available, Magnus Siculus' Customer Service will send a timely communication via e-mail to the Customer who, within the following 48 hours, will have the right to reply to request the shipment of any other available Products or cancel it. In case of no response within this period, the order will be considered confirmed for the available Products and will be sent for shipment. In both cases, the sum relating to the missing Products will be reversed immediately or refunded according to the payment method chosen.
3. Product Information
The information and characteristics relating to the Products are available on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ slightly in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros. For orders in Italy, shipping costs are included in the purchase price and are indicated as "included" at the time of the conclusion of the purchase process before making the payment. For orders outside Italy, shipping costs are not included in the purchase price and will be calculated at the time of the conclusion of the purchase process before making the payment.
5. Methods of payment and invoicing
5.1 Payment methods
The Customer can pay the price of the Products and the related delivery costs by credit card, PayPal, bank transfer and other possible methods on the site.
- Credit card
The circuits on which it is possible to purchase on the Site are:
- American Express
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the related conditions.
- Bank transfer
The customer must make the transfer within 3 days from the date of the order; If the payment is not received within 3 days the order will be canceled and the goods made available again for purchase by other customers. The Customer who has not made the transfer can be contacted by the Customer Service in order to clarify if the cause of the non-credit is due to the Customer's will not to confirm the purchase or to other causes.
Account in the name of: Magnus Siculus S.r.l.
IBAN: IT05 Y020 0881 9100 0010 5005 507
Reason: the Customer must indicate in the reason for the transfer the date and the order number, available in the confirmation email (e.g."Order # 1001 of 15/04/2020").
- Shop pay
Once the order is confirmed, the Customer will be redirected to the Shop pay site where he can make the payment using his access credentials and the cards associated with his profile, according to the methods accepted by Shop pay and in compliance with the related conditions.
- Apple pay
Once the order is confirmed, the Customer will be redirected to the Apple pay site where he can make the payment using his login credentials and the cards associated with his profile, according to the methods accepted by Apple pay and in compliance with the related conditions.
- Google pay
Once the order is confirmed, the Customer will be redirected to the Google pay site where he can make the payment using his login credentials and the cards associated with his profile, according to the methods accepted by Google pay and in compliance with the related conditions.
5.2 Invoicing of orders
If the purchase is made by a professional, it will be possible to request an invoice by selecting the appropriate box during the first section of the check-out and entering the billing information including the tax code and / or VAT number. In this case the invoice will be sent by e-mail to the indicated address. The professional is responsible for the correct filing of the billing information and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
All purchases will be delivered by express courier (hereinafter, the "Courier") from Monday to Friday, excluding holidays and national holidays. Magnus Siculus is not responsible for delays that are not foreseeable or not attributable to it.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered to the carrier within 7 (seven) working days from the day after which Magnus Siculus confirmed the order to the Customer through a special order confirmation e-mail.
Once the Products have been shipped, the Customer will receive a confirmation e-mail which will include, where possible, a tracking link the shipment.
- Delivery services active in Italy:
Shipments to Italy can take place with different couriers depending on the region of destination in order to ensure the best available rate to the customer.
- Delivery services active abroad:
Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the best available rate to the customer.
Countries where the service is active : All the countries of the European Union. For non-EU countries it is possible to contact Magnus Siculus for more information.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, without prejudice to the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send a communication to Magnus Siculus within 14 days from the date of receipt of the Products using the form contained in the Refund Policy or, if he intends to exercise the withdrawal before having received the Products, the communication of withdrawal can be sent at any time before they are received.
This communication must be sent by registered letter with return receipt, to:
attn Returns and Refunds Office
Magnus Siculus Srl
Via Raffaele Maffei snc, 91022
Castelvetrano, TP, Italy
The Magnus Siculus Customer Service will, once the communication is received, open a practice for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Magnus Siculus itself.
The right of withdrawal is governed by the following conditions:
The right applies to the product purchased in its entirety; therefore, if the Product is made up of several components or parts, it is not possible to exercise the withdrawal only on part of the Product purchased.
In case of exercise of the right of withdrawal, Magnus Siculus will refund the customer the full amount of the returned goods, including shipping costs where provided, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right to Magnus Siculus to suspend the payment of the refund until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
In addition to the cases indicated in the Introduction (customer not consumer and / or requesting the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of Products made to measure or clearly personalized;
- order of Products that are likely to deteriorate or expire rapidly;
- order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that among the Products that "risk to deteriorate or expire rapidly" or "Sealed Products that have been opened after delivery" are included all Products sold by Magnus Siculus, as their organoleptic and hygienic characteristics are subject to alteration as a result of inappropriate storage.
In case of exclusion of the right of withdrawal, Magnus Siculus will return the purchased Products to the Customer, charging the shipping costs to the same.
For any information, it is always possible to contact Customer Service for clarifications on how to exercise this right.
8. Free return in case of exercise of the right of withdrawal
As a most favorable condition for the Customer, Magnus Siculus fully bears the shipping costs for returning the Products in case of exercising the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Magnus Siculus to agree on the return of the Products to the courier.
9. Warranty and defects of conformity
In case of conformity defects of Products sold by Magnus Siculus, the Customer must immediately contact the Customer Service by email at email@example.com.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or termination of the contract.
The Customer forfeits these rights if he does not report the lack of conformity to Magnus Siculus within two months from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced period.
The complaint must be made by explicitly specifying and proving the alleged defects of conformity that led to the activation of the guarantee.
10. Errors and limitations of liability
The information relating to the Products provided through the Site are constantly updated. However, it is not possible to guarantee the complete absence of errors for which Magnus Siculus cannot, therefore, be held responsible, except in cases of willful misconduct or gross negligence.
Magnus Siculus reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior communication, without prejudice to the rights of the Customer pursuant to these General Conditions and the Consumer Code.
Except for willful misconduct or gross negligence, any Customer's right to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by non-acceptance or evasion, even partial, of an order.
Any complaints must be sent to Magnus Siculus by registered letter with return receipt to the following address:
attn Complaints office
Magnus Siculus Srl
Via Raffaele Maffei snc, 91022
Castelvetrano, TP, Italy
Magnus Siculus undertakes to respond to all requests received within a maximum of 7 working days.
12. Online resolution of consumer disputes (ADR and ODR)
Alternative Dispute Resolution (ADR)
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 no. 206 (Consumer Code) the Customer can make use of the Joint Conciliation procedure. The Procedure can be started if the Consumer, after submitting a complaint to the Company, within 45 days, has not received a response or has received a response not deemed satisfactory by him.
The customer who decides to use the Joint Conciliation procedure shall send the application to the address: firstname.lastname@example.org or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
Online Dispute Resolution (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he can lodge a complaint through the ODR platform of the European Union reachable at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from sales contracts or online services out of court.
13. Applicable law and competent court
The sales contract between the customer and Magnus Siculus is concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Code, the court will be in his municipality of residence or domicile, if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Marsala forum, any other jurisdiction excluded.
By purchasing Magnus Siculus products through the Site, the Customer declares to have read and accepted these General Conditions.
Pursuant to article 1341 of the civil codethe Customer declares to have read and specifically accepted the following articles of these General Conditions: 6. (Transport and delivery), 7. (Right of withdrawal), 9. (Warranty and Defects of Conformity), 10. (Errors and limitations of liability).