TERMS & CONDITIONS
TERMS & CONDITIONS
Welcome to our website www.ludovicomarabotto.com ("Website").
These Terms and Conditions of Use govern the access to and use of www.ludovicomarabotto.com . The access to and use of this website as well as the purchase of products on www.ludovicomarabotto.com are based on the assumption that these Terms and Conditions of Use have been read, understood and accepted by you. This website is managed and maintained by
MB8 ITALY S.R.L. ("Provider" ), with registered office in Italy, Piazza Pontida, 28 – 24122 Bergamo BG business register number, tax code and VAT number n 04081610166.
Request for further information can be made through our Customer Service. If you need any assistance, go to the customer service area, where you will find information on orders, shipping, returns of products purchased on www.ludovicomarabotto.com , refunds, a registration form, tips and other general information on the services provided by www.ludovicomarabotto.com
The access to and use of www.ludovicomarabotto.com , including display of web pages, communication with Provider, downloading product information and making purchases on the website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of www.ludovicomarabotto.com and its contents. The Provider shall not be considered liable for any use of the website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence.
In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
2. INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of MB8 ITALY S.R.L – a company with registered office in Piazza Pontida 28, 24122 Bergamo (BG) Italy – Numéro de Partita IVA: 04081610166– and/or Provider and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of MB8 ITALY S.r.l. and Provider as the case may be.
MB8 ITALY S.R.L and/or Provider shall have the exclusive right to authorise or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, the creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. MB8 ITALY S.R.L . and/or Provider shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, the creation of derivative work from, or exploitation in any way of, the Content expressly authorised in writing by MB8 ITALY S.R.L and Provider shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
3. LINKS TO OTHER WEB SITES
4. LINKS TO LUDOVICOMARABOTTO.COM
5. DISCLAIMER ON CONTENT
The Provider does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Italy. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access this web site and, where you nonetheless choose to access it, we hereby inform you your use of the services provided by www.ludovicomarabotto.com shall be your exclusive and personal responsibility. The Provider has also adopted measures to ensure that the content of www.ludovicomarabotto.com is accurate and does not contain any incorrect or out-of-date information. However, the Provider cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, the Provider cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please contact our Customer Service by visiting our customer service area. A Provider representative will be at your disposal to assist and help you to restore your access to the web site, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. The dynamic nature of the Internet and web content may not allow www.ludovicomarabotto.com to operate without any suspensions, interruptions or discontinuity due to updating the web site. The Provider has adopted adequate technical and organizational security measures to protect services on www.ludovicomarabotto.com, integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of www.ludovicomarabotto.com , and to avoid unauthorized or unlawful access to such data and information.
6. OUR BUSINESS POLICY
7. GOVERNING LAW
Request for further information can be made through our customer service area, where you will find information on orders, shipping, refunds and returning products purchased on www.ludovicomarabotto.com , a registration form, tips and other general information on the services provided by www.ludovicomarabotto.com .
1. OUR BUSINESS POLICY
1.1 The Vendor offers products for sale on www.ludovicomarabotto.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.ludovicomarabotto.com .
1.3 The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.
1.4 These Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on www.ludovicomarabotto.com between the users of www.ludovicomarabotto.com and the Vendor.
1.5 The Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are onwww.ludovicomarabotto.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.ludovicomarabotto.com and third parties.
2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR
2.1 To place an order for the purchase of one or more products on www.ludovicomarabotto.com , you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2 The order form contains a summary of these Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
2.3 An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by logging in and visiting the section called Orders, in the my account area.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 English is the language used for executing contracts with the Vendor.
2.8 After your order form has been submitted, the Vendor will process your order.
2.9 The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.ludovicomarabotto.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.10 By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these Terms and Conditions of Sale. Should you not agree with certain provisions of these Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.ludovicomarabotto.com .
2.12 Upon submission of an order form, the Vendor shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1 On www.ludovicomarabotto.com , we only offer products marked with the "Ludovico Marabotto" and "MB8" trademark. These products are purchased by us directly from the MB8 Italy S.r.l. – a company with registered office in Piazza Pontida 28, 24122 Bergamo (BG) – Numéro de Partita IVA : 04081610166 – and/or the manufacturer authorised by MB8 ITALY S.r.l.
3.2 The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on www.ludovicomarabotto.com on each product page. The products offered for sale on www.ludovicomarabotto.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5 Addresses to which the Vendor cannot ship, will be automatically cancelled.
3.6 All Products sold by www.ludovicomarabotto.com come with an identification tag attached with a disposable seal. When trying on the products you should not remove or alter the tag or seal from the purchased products should you wish to return the purchased product.
4.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In case of payment by Credit/Debit Card, our payment system ensures secure transactions, since all financial information (credit card number, expiry date, etc.) go directly to CyberSource which, thanks to a VeriSign-certified system based on SSL 128 bit encryption protocol, guarantees the security of online transactions. Such financial information will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
6. CUSTOMER SERVICE
7.1 If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from www.ludovicomarabotto.com without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) working days, beginning with the day after you received the products. In this case you will receive a full refund of the price of the products in accordance with this Clause 8 and Clause 10 below.
7.2 You should ship the products to the Vendor within fourteen (14) working days from the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 To return the products:
A. you should notify us in writing within fourteen (14) working days, (beginning with the day after you received the products) by completing and submitting the online Return Authorization Request. You should keep a record of your cancellation notice;
B. the products should not have been used, worn, washed or damaged;
C. the identification tag should still be attached to the products with the disposable seal;
D. the products should be returned in their original packaging;
E. the products should be shipped to the Vendor within fourteen (14) working days following cancellation of the contract.
7.4 If you cancel the contract within the fourteen (14) working days cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within thirty (30) days of the day on which you gave notice of your cancellation. The Vendor will refund the price of the product in full, including the cost of sending the item to you and back to the Vendor.
7.5 You can return the products to the Vendor either by:
A. the approved courier (as indicated on the online Return Authorization Request) via the pre-paid, personalised return label enclosed in you original order;
B. by packaging the relevant products securely and sending them to the Vendor using your Return Authorization Number (as provided via the online Return Authorization Request). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.5(a).
8. ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT
8.1 If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the Vendor's approved courier (as indicated on the Return Authorization Request), or by refunding your return postage costs).
8.2 You must notify the Vendor of an error in respect of the products delivered or of a damaged or defective product within thirty (30) days of receipt, if a product becomes faulty after the thirty (30) days please contact Customer Service to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 To return the products:
A. you should notify us in writing as soon as practicable and in any event within thirty (30) working days, by completing and submitting the online Return Authorization Request. You should keep a record of your cancellation notice;
B. the products should not have been used, worn, washed or damaged;
C. the identification tag should still be attached to the products with the disposable seal;
D. the products should be returned, complete and unused, with their original packaging;
E. the products should be returned to the Vendor within seven (7) working days following notification to the Vendor of the damaged or defective product or of the Vendor's error.
8.4 The Vendor will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within thirty (30) days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you.
8.5 If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
8.6 The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.
8.7 We will usually refund any money received from you using the same method originally used by you to pay for the purchase.
8.8 The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. The Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example delays caused by Credit Card/Debit Card companies refund policies.
8.9 For payments made by cash on delivery, you will be refunded the amount you paid for the products returned to the Bank account you indicate in the Return Authorization Request. Please remember it is necessary to have a Bank account in order to receive a refund for Cash on Delivery orders.
9.2 You are advised to read, if you haven't already done so, our terms and conditions of use which also contain important information on how we process the personal data of our users and on the security systems of www.ludovicomarabotto.com.
10. GOVERNING LAW
11. AMENDMENTS AND UPDATES
1. TERMS AND CONDITIONS OF RETURN
The right to return products shall be deemed correctly exercised once the following conditions have been fully met:
A. we invite you to correctly fill in and submit the online Return Authorization Request to the Vendor within fourteen (14) working days from the date of your receipt thereof;
B. the products have not been used, worn, washed, modified or damaged;
C. the identification tag is still attached to the products with the disposable seal;
D. the products are returned in their original packaging;
E. the returned items must be shipped back to the Vendor within fourteen (14) working days from the date the package was delivered to you.
If you have fulfilled all requirements set forth above, the Vendor shall refund the entire price for the purchased products. Should you decide to use the courier indicated by www.ludovicomarabotto.com in the online Return Authorization Request, you will not have to directly take care of the return shipping costs.
You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you. If you refuse the above delivery, the Vendor reserves the right to retain the products and the amount paid for your purchase of the products.
2. REFUND TIMES AND PROCEDURES
Every effort will be made to ensure a prompt refund. After our warehouse has received and processed the returned products and checked that all the requirements have been met, you will be refunded within fourteen (14) days. The time period for refunding the amount you paid for purchasing the returned products depends on the payment type used:
A. payments by credit/debit card: refunds, in this case, may take up to 10 additional business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and we are unable to influence this. Remember that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;
B. payments cash on delivery (if available): you will be refunded for the amount paid for the products returned to the current account you indicate; the time needed for refunding, therefore, depends on the accuracy of the information you provide [IBAN, BIC and swift codes]; normally refunds take place within thirty (30) days. Please remember that you will need to have a bank account in order to receive a refund for an order paid in cash on delivery.
C. payments via PayPal (if available): the amount refunded to your Paypal account will be visible within 48 hours after receiving the email confirming the reimbursement. Repayment to the credit card you use with your PayPal account depends on the credit card issuer.
If your order has been sent to a destination within the EU, all sales taxes (VAT) will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through the Ludovico Marabotto Online Store. However, you may be able to recover these by contacting your local customs bureau directly.
3. IDENTIFICATION TAG