Please be informed that these Conditions of Sale regulate the terms and conditions of the purchase of products (“Products”) shown in the following site (“Site”): shop.alyxstudio.com, managed by MMW s.r.l. (Vat n. 01928510385) having its registered office in Via Francesco Luigi Ferrari, 37/A, Ferrara (Fe), Italia.
These Conditions of Sale form an integral part of each purchase agreement of any Product and shall be integrally accepted by Customer before the transmission of each single order, as defined below in article 1 (“Order”).
MMW shall be entitled to amend these Conditions of Sale. The possible new Conditions of Sale shall be effective from their issuance on the Site and shall be applicable on all Orders transmitted from that moment on, while for the Orders which have already been transmitted the previous Conditions of Sale shall apply.
- Scope and Definitions
- These Conditions of Sale shall apply to all Orders bearing the purchase of Products, transmitted by Customer to the Supplier through the Site.
- For the purposes of these Conditions of Sale the following terms shall have the following meaning:
- Supplier: MMW srl., VAT n.: 01928510385, Via Francesco Luigi Ferrari, 37/A, Ferrara (Fe), Italia, internet address: shop.alyxstudio.com, e-mail: firstname.lastname@example.org;
- Consumer: any natural person who is acting for purposes which are outside his trade, business or profession;
- Professional: any natural or legal person who is acting for purposes related to his trade, business or profession, or his intermediary;
- Customer: consumer;
- Order: the order transmitted by Customer to the Supplier for the purchase of Products, according to article 5 of these Conditions of Sale;
- Purchase Agreement: any agreement executed between Supplier and Customer and bearing the purchase of Products, according to article 5 of these Conditions of Sale;
- Consumer Code: the Italian legislative decree n. 206 of September 6th 2006.
- With the e-commerce service provided by this Site, the Supplier makes available to the Customer a virtual shelf from which it is possible to purchase the Products shown, according to the terms and conditions herewith provided.
- Customer logging in to the Site may inspect the e-catalogue and at the Supplier’s offers, but he is entitled to purchase Products only upon the following conditions :
- Registration to the Site – shop.alyxstudio.com, if not already registered;
- Log in to the Site – shop.alyxstudio.com after identification through the User-ID and the password released by the Supplier at registration;
- Acceptance of these Conditions of Sale.
- Only Consumers, not Professionals, are allowed to purchase Products through the Site.
- Prices applied to the Products are those shown during the shopping chart procedure, at the transmission of the Order to the Supplier. Except otherwise specified in writing, all Prices shall be deemed “inclusive VAT” and in Euro currency.
- The Supplier shall be entitled to amend the Prices at its sole discretion, also several times during the same day and without prior notice, being however understood that the new Prices shall apply to the Orders already transmitted by the Customer to the Supplier.
- Payment shall be made by credit card (accepted credit cards: Visa, Mastercard and American Express) and shall be performed by the SSB (@POS) payment gateway and by the PayPal system, which grants security, secrecy and accuracy of transactions.
- Customer is informed that, on the same day in which they place their Order, the Supplier , after due checks, withdrawals the sum equal to the Price of the purchased Products.. They payment will be thus performed only in that moment. In this way, Customer has certainty that withdrawals are not executed before the Order execution, in case of lack of Products, or delayed execution of the Order, for causes beyond the Supplier’s control.
- MMW s.r.l. reserves the right to cancel items from any kind of order that are sold out.
- Execution of the Purchase Agreement
- The Purchase Agreement shall be executed according to the Terms and Conditions provided in this article 5 and upon condition that Customers duly performed the Order placement procedure provided in the Site – E-Commerce Area.
- According to article 1336 of the Italian civil code, the Products shown on the Site constitute the Supplier’s offer to Customers, which is not binding for the Supplier nor constitutes a public offer.
- The receipt of the Customers’ Orders by the Supplier shall not imply any obligation for the Supplier to accept them.
- According to article 1329 of the Italian civil code, the Supplier shall be entitled to accept or refuse the Orders placed by Customers within ten (10) days from the receipt of the Order itself. Within such ten days the Supplier, at its sole discretion, shall inform Customer about its acceptance or refusal of the Order.
- The Supplier shall be entitled to refuse any Orders in case the Products ordered are unavailable or in case the Products have to be delivered outside the Italian territory.
- It is understood that, in case of refusal of the Order by the Supplier, Customers shall not be entitled to any claims against the Supplier, for whatever cause.
- The Order shall be deemed accepted by the Supplier and, therefore, the Purchase Agreement shall be deemed executed, when Customers receive in their own e-mail box a confirmation email of the Order (“Order Confirmation”).
- According to article 53 of the Consumer Code, the Order Confirmation shall also provide all information contained in article 52 of the Consumer Code.
- Customers shall save and/or print the Order Confirmation and, in any case, store it, as it contains all information concerning the Order and the present Terms and Conditions.
The sale of the Products of the raffles is subject to the occurrence of a future and uncertain condition in order to be executed (pursuant to art. 1353 of Italian Civil Code), namely the draw of the Customer’s name. As shown on the product pages available for a raffle, a specific period of time is set for any Customer willing to submit their entry to the raffle on the Website and to take part in the non-guaranteed drawing.
By submitting the entry, the Customer gives consent to participate in a random draw.
Once the aforesaid period of time expires, the winners shall be randomly drawn among the Customers who have participated in the raffle.
After the draw, only the Customers whose name is drawn shall be informed of the raffle outcome via email. Winning Customers are given the chance to accept or refuse their win. Moreover, the win can be purchased only on its own, no other products can be added to the cart. If the Customer leaves the page or selects other items, the cart will be automatically deleted and the order cannot be completed. If a session is lost, the Customer who wants to complete the purchase has to go back to the Raffle win email page and click on the “Complete your purchase” button again.
- The Supplier delivers the Products to Customers using selected couriers and/or mail services.
- The shipping costs and risks shall be borne by Customer. If a parcel is not withdrawn any eventual import or shipping fees related to the return will be deducted from any eventual refund.
- Upon receipt of the Product at the delivery address indicated by Customer in the Order, Customer shall inspect the Product and check if the quality and quantity of the items received are in compliance with what is indicated on the shipping documents. In case of discrepancies and/or non-compliance, Customer shall note them in writing on the shipping documents (ex.: waybill, etc.), subpoena of loss of right.
- The Supplier informs the Customer about the general criteria used to charge the costs bearing the Products delivery on the following link: "Delivery Costs".
- Estimated Delivery Terms
- The estimated delivery terms are those indicated here.
- The effective delivery time depends on the delivery method selected by Customer and on the destination to which the Products have to be delivered. The estimated delivery terms provided in the previous paragraph 7.1 are valid from the date of the Order Confirmation.
- Right of Withdrawal
- According to article 52 of the Consumer Code, the Customer shall be entitled to exercise the withdrawal or exchange right within 14 (fourteen) days from the delivery date of the Products. In case certain Products included in the same Order are delivered separately, the aforementioned term starts from the delivery date of the last delivered Product. The Seller is not accountable in case of unavailability of any size for the request of a Product exchange.
- The right of withdrawal shall be deemed excluded, as per article 55 of the Consumer Code, in the following cases:
- Purchase of customized or tailor-made Products;
- Purchase of Products which, according to their nature, may not be returned for risk of deterioration or fast alteration;
- Purchase of newspapers, magazines or periodicals;
- Performance of services, whose execution has begun before the ten-days term, with the consent of Customer, according to article 64, paragraph 1 of the Consumer Code.
- The Customer shall exercise the withdrawal right according to the procedure set forth in the “Shipping and Return Policy” section and shall open a return merchandise authorization (“RMA”) within 14 (fourteen) days from when his or her Order is delivered.
- The Customer undertakes to preserve and carefully protect the Products he or she intends to return, keeping them intact together with the original internal and external packaging.
- The shipping costs for returning the Products in case of refund request are borne by the Customer in case the Customer decides to chose to ship them with the Own Method, unless otherwise communicated by the Seller, as better detailed in the “Shipping and Return Policy” section. This shall not apply for exchange requests.
- The return risks shall be borne by Customer, including any eventual export duties and taxes. We will take care of the eventual duties and taxes for faulty, wrong products received or exchanged products.
- The Customer undertakes to return the Products for which the withdrawal or exchange right has been exercised within 15 (fifteen) days from the opening of the RMA. Pursuant to art. 57, par. 2, of the Consumer Code, the Products that are damaged, deteriorated or missing the original accessories or equipment shall not be accepted by the Seller and shall be returned to the Customer.
- Once the Seller has received the Products in compliance with the foregoing procedure and has positively carried out the due checks confirming the right of the Customer to return or exchange the Products, the Customer shall be refunded within 14 (fourteen) days from the positive outcome of said checks and according to the procedure set forth in the “Returns Policy” section.
The Customer fully accepts any terms of warranty offered by the manufacturers of the Products, that may be beyond the Supplier’s control and for which it is therefore not liable.
- Declaration and Warranties of Customer
- The Customer warrants, accepting all liability and holding the Supplier harmless from any prejudicial consequence, that his personal data given to the Supplier are true and that such data allow his true identity to be identified. Customer therefore undertakes to immediately inform the Supplier, in writing, also via e-mail, of all and any change in the supplied data.
- At registration on the Site - shop.alyxstudio.com/ Customer is given a username (or User-ID) and a password (for access protected areas of the Site). The combined use of which will identify Customer and will allow him to purchase the Products on the Site. The Customer is therefore informed of the fact that the Order issued through the combined use of the user name and password is valid and binding. The availability of both the username and the password to a third party would allow the latter to issue regular Orders that oblige Customer, having been identified by their own username and password, to accept receipt of the ordered Products and to pay the Price. Customers are therefore required to keep both their identification code and their password confidential for the entire duration of the relationship with the Supplier. Customers are also informed of the need to give the Supplier a valid e-mail address so that the latter may forward the Order Confirmation and any other communication.
Limitation of Liability
Any information relating to the Products sold by the Supplier through the Site is based exclusively on data published and made known by the respective manufacturers. The Supplier is therefore not responsible for the Products compliance with the specifications published on the Site or on any other publication (periodicals, Internet sites, advertising posters, etc.). Neither can the Supplier cannot be held liable for malfunctioning, interruption of services, decline in performance, whether due or not to fortuitous event, unless such issues are directly attributable to the Supplier’s negligence or serious fault.
Correction on Errors and Inaccuracies
The information of the shop.alyxstudio.com may contain typographical errors or inaccuracies and may not be complete or current. The Supplier therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause. If you are not fully satisfied with your shop.alyxstudio.com purchase you may return it with the original shop.alyxstudio.com Return Summary. Please see our Return Policy.
In the event a shop.alyxstudio.com Product is listed at an incorrect Price due to typographical error or system errors, shop.alyxstudio.com shall have the right to refuse or cancel any orders placed for that Product. shop.alyxstudio.com/.com shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, shop.alyxstudio.com/shall issue a payment to your credit card account in the amount of the incorrect price.
- Customer accepts that any notification and communications pertaining these Conditions of Sale and each Purchase Agreement are made by the Supplier in electronic form via e-mail and via Web service. Customer acknowledges the full validity thereof and expressly renounces forthwith to refuse to acknowledge the contents of the declarations sent or received in electronic form. Customer is informed and accepts that the Supplier files technical File Logs in its systems pertinent to the traceability of operations, estimates and passing of Orders and acknowledges the validity for purpose of reconstructing relationships in being if necessary.
- A simple sale receipt will be issued for the Products and will be attached to the same.
- Invoices will be issued in electronic format. Invoices shall be deemed issued at their transmission. Invoices shall be deemed received by Customer when received by at the e-mail address provided at registration and, in any case, within five (5) days after the transmission of the invoice by the Supplier.
- Due the huge amount of simultaneous check-out for certain products the Supplier may have to cancel the order. The Supplier will fully refund any Customers as soon as possible.
Cost of Distance Communication
The link-up costs exercised by the provider used by Customer for the actual link-up are applied for all online services on the Site and Customer should contact the provider for due information.
- Applicable Law
- These Conditions of Sale, the Orders, the Order Confirmation and the Purchase Agreements shall be exclusively subject to the Italia laws.
- Costumers acknowledge that they have voluntarily and freely accessed the Site and that no activity of promotion has been carried out at their residence by the Supplier or by any person appointed by the latter.
For any controversy bearing or arising out of these Conditions of Sale and/or the Orders and/or the Order Confirmation and/or the Purchase Agreements or their fulfillment, the Court of the place where Customers have their residence or domicile shall be exclusively competent, when inside the Italian territory, while in all other cases, the Court of Ferrara (Italy) shall be exclusively competent.
Pursuant to sections 1341-1342 of the Italian Civil Code, Customer declares that he has read and accepted the clauses as set forth under the following articles of these Conditions of Sale on the Site:
Art. 3.2 (Amendment of Prices);
Art. 5 (Execution of the Purchase Agreement);
Art. 6.2 (Shipping Costs and Risks);
Art. 6.3 (Products Check);
Art. 6.4 (Delivery Costs);
Art. 7 (Estimated Delivery Terms);
Art. 8 (Right of Withdrawal);
Art. 9 (Products Warranty);
Art. 12 (Notices);
Art. 13 (Cost of distance communication);
Art. 14 (Applicable Law);
Art. 15 (Competent Court).