Terms & Conditions
SALES AND WARRANTIES GENERAL TERMS
1. General information and sales policy
These general terms and conditions apply to distance sales (via internet, mail, fax, or telephone) of products by Mondi S.r.l., owner of the website www.malva1979.com and with registered office in via Fatebenefratelli, 15 (MI), Milan, postal code 20121, registered with the Milan Monza Brianza Lodi Chamber of Commerce, under no. 12440790967 of the Register of Companies, Tax Code 12440790967 VAT No. 12440790967, email address amministrazione@mondisrl.it and certified email address mondi.srl@legalmail.it , (hereinafter referred to as the “Seller”).
The terms and conditions of sale are published on the website www.malva1979.com so that they can be read, stored, and reproduced by the customer (hereinafter referred to as the “Customer” or “Malva”).
When placing an order, the Customer confirms that they have read and accepted these general terms and conditions of sale, which, together with the provisions specified below, constitute the rules applicable to the sale.
Sales are reserved for consumers, i.e., natural persons acting for purposes unrelated to their commercial, professional, or craft activities. However, the Seller will issue an electronic invoice for all customers who request it, provided that this request is made at the time of ordering and a VAT number is provided.
The Seller reserves the right not to fulfill orders that do not comply with its commercial policy or that are anomalous in relation to the risk of fraud or the quantity of products purchased or the suspicious use of promotional links.
2. How to order
Depending on the channel chosen, orders can be placed by:
- communication to the following address: Mondi S.r.l. – via Fatebenefratelli, 15 20121 Milan (MI)
- sending an email to the following address: info@malva1979.com
- the website www.malva1979.com
The submission of an order is considered a contractual purchase proposal made by the Customer to the Seller for individually considered products. The Seller will send confirmation of the order received.
In the case of purchases made via internet and/or by regular mail, confirmation will be sent by email. In the case of purchases made by telephone, at the end of the call, the Customer will be asked if they wish to receive confirmation by email.
The order confirmation is always included in the package sent to the Customer.
3. Applicable legislation
Sales are governed by Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and, for online sales, by Legislative Decree No. 70 of April 9, 2003.
4. Products, availability, prices
All information relating to products and their prices is available on the website. The graphic representation and images are for illustrative purposes only and are purely indicative. Therefore, the Customer must rely on the product description and the ingredients declared.
With specific reference to the website, products that are unavailable are displayed but cannot be purchased.
In the case of orders for available products, the order will be processed within 5 days.
In the case of orders for products that are partly available and partly unavailable, the order will be partially processed if, after 5 days, some products are still unavailable.
5. Prices and shipping costs
The sales prices indicated on the website are expressed in euros and include VAT. In the event of a change in the VAT rate in force at the time of publication or other sales taxes, the relevant adjustment will be made. The prices indicated are valid for the country selected when placing the order. Product prices include shipping costs for shipments within Italy. Shipping costs are charged to the Customer if the shipment is to be made to a member country of the European Union or outside the EU.
6. Payment methods
The Customer may choose from the following payment methods, regardless of the channel through which the purchase is made:
a) Bank transfer to the following bank account: IT11S0326801400052108351580
b) Credit card: major credit cards are accepted, such as: VISA and MASTERCARD
c) PayPal system.
7. Delivery times and methods
The Seller will deliver the ordered products directly to the location specified by the Customer when placing the order. Shipping and delivery times may vary up to a maximum of 10 working days from receipt of the order. As a rule, delivery takes place within 5 working days of receipt of the order.
The goods travel at the Seller’s risk. The risk will be transferred to the Customer upon delivery of the goods to the recipient by the carrier appointed by the Seller for the shipment.
The Customer (or the person delegated by the Customer to collect the goods) is required to check, upon delivery of the goods by the courier, that the number of packages corresponds to that indicated on the delivery document and that the packaging and wrapping are intact, unopened, undamaged, and unaltered in any way. Any damage to the packaging or products must be reported immediately in writing on the courier’s delivery document and communicated to the Seller by email at the following address customerservice@malva1979.com, accompanying the complaint with photographic documentation.
8. Seller's Liability
The Seller shall not be liable for any disruption attributable to force majeure, in the event that it is unable to execute the order within the time specified in the contract.
The Seller shall not be liable to the Customer, except in cases of wilful misconduct or gross negligence, for any disruption or malfunction related to the use of the Internet network beyond its control.
9. Legal guarantee of conformity and assistance procedures
All products offered are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code (the so-called Legal Guarantee).
A lack of conformity exists when the purchased product:
a) is not fit for the purposes for which goods of the same type are normally used;
b) does not conform to the description given by the Seller and does not possess the qualities of the goods that the Seller presented to the Customer as a sample or model;
c) does not have the usual qualities and performance of goods of the same type, which the Customer can reasonably expect, taking into account the statements made in advertising, labeling, or the product description;
d) is not suitable for the particular use intended by the Customer and which was brought to the Seller’s attention at the time of conclusion of the contract.
Therefore, any defects caused by accidental events or by the Customer’s responsibility or by use of the product that does not comply with its intended use and/or with the product labeling are excluded from the scope of the Legal Warranty.
The Seller is liable to the Customer for any lack of conformity existing at the time of delivery of the product that becomes apparent within 2 (two) years of such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within 2 (two) months of the date on which it was discovered.
The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it. Unless proven otherwise, it is assumed that any lack of conformity that becomes apparent within 6 (six) months of delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the lack of conformity. In order to benefit from the Legal Warranty, the Customer must first provide proof of purchase and delivery of the product.
Remedies available to the Customer
In the event of a lack of conformity duly reported within the terms, the Customer is entitled, primarily, to the repair or replacement of the product free of charge, unless the remedy requested is objectively impossible or excessively burdensome compared to the other. The request must be sent in writing, by registered letter with return receipt or by certified email, to the Seller, who will indicate their willingness to comply with the request, or the reasons preventing them from doing so, within 7 (seven) working days of receipt. In the same communication, if the Seller has accepted the Customer’s request, it must indicate the methods of shipment or return of the product as well as the expected deadline for the return or replacement of the defective product. Secondarily, if repair and replacement are impossible or excessively burdensome (pursuant to Article 130, paragraph 4, of the Consumer Code), or if the Seller has not repaired or replaced the product within the time limit referred to in the previous point, the Customer may request a price reduction or termination of the contract. The Customer may also request a price reduction or termination of the contract if the replacement or repair previously carried out has caused significant inconvenience to the Customer. If the Seller accepts the Customer’s request, it must indicate the proposed price reduction or the method of returning the defective product. The Customer shall be responsible for indicating the method for crediting the amounts previously paid to the Seller. The remedy requested is excessively burdensome if it imposes unreasonable costs on the Seller compared to alternative remedies that may be pursued, taking into account (i) the value that the product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be pursued without significant inconvenience to the Customer.
10. Right of Withdrawal
Pursuant to Article 52 of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), the Customer has the right to withdraw from the contract by returning the goods received, without specifying the reason, within 14 days as provided for by law, which start from the date on which delivery was made to the Customer or to the person designated by the Customer. In the case of separate and successive deliveries of products covered by the same order, this period shall start from the last delivery. To exercise this right, the Customer must send written notification by registered letter to the following address: Mondi S.r.l., Via Fatebenefratelli, 15 – 20121 Milan (MI) or by email to the following certified email address: mondi.srl@legalmail.it. The notice of withdrawal must be sent within the period indicated above.
The return, at the Customer’s expense, must be made by ordinary postal parcel. The goods must be returned within 3 days of the date of notification of withdrawal. The Seller will refund the amounts paid by the Customer, i.e., the order amount, and reserves the right to suspend payment until the products are received or proof of their shipment is provided. The Customer is responsible for any depreciation due to handling of the products that is strictly necessary to verify their nature and characteristics; In such cases, the Seller reserves the right not to accept the return or to partially refund the amounts paid for the purchase of products that have been altered in their essential or qualitative characteristics or that have been used or damaged.
The Right of Withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and in particular in those relating to:
a) the supply of goods whose price is linked to fluctuations in the financial market that the Seller is unable to control and that may occur during the withdrawal period;
b) the supply of goods made to measure or clearly personalized;
c) the supply of goods that are likely to deteriorate or expire rapidly;
d) the supply of sealed products that are not suitable for return for reasons of hygiene or health protection and have been opened after delivery (e.g., cosmetic products);
e) the supply of products that, after delivery, are, by their nature, inseparably mixed with other goods.
11. Communications and complaints
For written communications, such as requests for information, reports, or complaints addressed to the Seller, the Customer may contact the Seller:
- by writing to Mondi S.r.l. – Via Fatebenefratelli, 15 – 20121 Milan (MI)
- by sending an email to customerservice@malva1979.com
12. Applicable law and jurisdiction
These terms and conditions of sale and, consequently, any sales contract entered into with the Seller are subject to Italian law and must be interpreted in accordance with it. In the event of a legal dispute, the court of the place where the Customer resides shall have jurisdiction, provided that this is in Italy.
13. Intellectual property rights
All content, in any format, published on the website, in catalogs, under the name “Malva1979,” including catalog texts and images, web pages, graphics, colors, patterns, tools, fonts, and website design, diagrams, layout, methods, processes, functions, and software that are part of the website, are protected by copyright and any other intellectual property rights belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the website or its contents is prohibited without the express written consent of the Seller. The Seller has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of the Website and its contents.
The Seller’s trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos appearing on the Seller’s products, related accessories, and/or packaging, whether registered or not, are and remain the exclusive property of the Seller. The total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium, without the prior express agreement of the Seller is strictly prohibited.
14. Data Processing
The Seller undertakes to comply with all obligations set forth in Regulation (EU) 2016/679 on the “protection of natural persons with regard to the processing of personal data and on the free movement of such data” (hereinafter “GDPR”), as well as with relevant national regulations and the provisions of the Italian Data Protection Authority. The Seller guarantees to process the Customer’s personal data as data controller and for purposes strictly functional to the establishment and execution of the order itself and always in accordance with the information provided, pursuant to and for the purposes of Article 13 of the GDPR. It is understood that the data will be processed in accordance with the principles of lawfulness and fairness, in order to protect fundamental rights and freedoms, in compliance with technical and organizational measures appropriate to ensure a level of security appropriate to the risk, using manual and/or automated methods.
15. Modification and updating
These General Terms and Conditions of Sale are modified from time to time by the Seller, also in consideration of any regulatory changes. The new General Terms and Conditions of Sale will be effective from the date of publication on the website.