General conditions of Sale


These general conditions of sale ("General Conditions of Sale") govern the offer and sale of Products, as defined below, through the site www.mrbrando.it ("Site") by Vip Italia srl with headquarters Legal in Via Oslavia 17 / 3b, 20134 Milan, CF and VAT number 06326240154 (MrBrando.it)

1. General provisions

1.1 These General Conditions of Sale apply to all contracts concluded between the user (hereinafter "User") and MrBrando through the Site.

1.2 The offer and sale of the Products through the Site constitute a contract governed by Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), by Legislative Decree 9 April 2003, n. 70 and, although not specifically indicated, by other applicable Italian regulations.

1.3 The products distributed by MrBrando through the Site consist, in particular, of gadgets of all types, including customizable ones ("Products"). All the Products offered to users are illustrated on the homepage of the Site and / or within the various web pages of the same.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 MrBrando reserves the right to modify the General Conditions of Sale at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site with indication of the version and date of update. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Conditions of Sale.

1.6 The purchase of Products through the Site is allowed both to Users who are consumers, pursuant to art. 3, co. 1, lett. a) of the Consumer Code, both to Users who do not have this quality, after creating a personal account ("Account"). Individuals are allowed to purchase only on condition that they are at least eighteen years old. In order to verify the existence of the minimum age required by law, MrBrando may request the tax code or an identification document. If the tax code shows that the User is under the age of 18, he will be prevented from continuing the purchase process and forwarding the related order. In any case, if, for any reason, even of a technical nature, the purchase order should be sent in any case, it will be immediately resolved pursuant to and for the purposes of art. 1456 cc, pending its opposition to current legislation. The User will be promptly informed by e-mail of the cancellation of the order and, if the payment has already been made, MrBrando will refund the total amount paid, consisting of the purchase price of the Product, the shipping costs, if applied, and any other additional cost, as indicated in the purchase order, with the methods and timing indicated in relation to the specific payment method used.

1.7 MrBrando reserves the right to refuse or cancel orders that come from (i) a User with whom it has an ongoing legal dispute; (ii) a User who has previously violated these General Conditions of Sale; (iii) a User who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) Users who have released false, incomplete or in any case inaccurate identification data or who have not promptly sent to MrBrando any documents requested by the same or who have sent invalid documents.

Update of the "General Conditions of Sale" due to Covid-19

We hereby inform you that it will not be possible to accept cancellations of orders, contracts already confirmed and / or withdrawals due to commercial interruptions resulting from the spread of COVID-19 (Coronavirus) in particular, but not exclusively, due to event cancellations. or delivery problems - unless otherwise specified in a written contract.

Furthermore, complaints or cancellations motivated by the delay in delivery by the courier in charge of transport will not be accepted.


2. Orders

2.1 For the purpose of concluding a purchase contract for one or more Products through the Site, the User can complete an order in electronic format by following the guided procedure that will appear on the site.

2.2 It is the User's responsibility to ensure that any errors in entering data have been identified and corrected and that they have followed the instructions on the Site.

2.3 It is also the User's responsibility to ensure that they have read and examined these General Conditions of Sale before confirming the dispatch of the order.

2.4 The language available to Users for the conclusion of the contract is Italian.

2.5 The sending of the order corresponds to the acceptance of the General Conditions of Sale and constitutes an irrevocable proposal.

2.6 The order will be filed in MrBrando's database for the time necessary for its execution and, in any case, within the terms of the law; In any case, the User can view the essential elements of his order by accessing the specific section of the Site.

2.7 The order sent by the User to MrBrando will be considered accepted by the latter and, therefore, the purchase contract concluded when the User receives the confirmation of the order in his e-mail box.

2.8 Unlike the provisions of paragraph 2.8 above, personalized orders will be executed on the basis of the User's instructions and information. MrBrando in this case will send the graphic project to the User by e-mail before proceeding to print the goods and, only once the User sends the final confirmation of this project to MrBrando, the contract will be considered concluded and perfected.

3. The Products that can be purchased on the Site

3.1 Unless otherwise indicated on the Site, the Products available for purchase are those offered on the Site and / or within the various web pages of the same at the time the order is placed by the User.

3.2 The price of each Product is expressed in Euros and is VAT excluded unless otherwise specified

3.3 MrBrando reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to the User will be that indicated on the Site at the time the order is placed and that any variations (increase or decrease) subsequent to the transmission of the same, except in cases in which the prices indicated on the Site with reference to a particular Product are disproportionately incompatible with the normal market prices of that Product due to obvious imputation errors .

3.4 For each Product offered there is a summary sheet on the Site that illustrates the main characteristics. In particular, this summary sheet contains a description that reports the characteristics of the Products as closely as possible; however, the User is advised that such images must be understood as merely indicative of the real product. For this reason MrBrando does not guarantee the exact correspondence between the representative images of the Products (and the relative colors) present on the site with respect to the real product.

3.5 With reference to products made to measure or customized, similarly to the previous point 3.4, MrBrando does not guarantee the perfect and exact correspondence between the images and the relative colors of this Product that can be viewed on the Site with respect to the Product being printed (color differences on the screen) . The User therefore expressly accepts that there may be minimal qualitative differences between the Product that can be viewed on the site compared to the real one, with a tolerance limit of 20%. The User also accepts that there may be differences between the quantity of Products ordered compared to those printed and executed, with a tolerance limit of 10%. If one of the two tolerance limits referred to in this point are exceeded, MrBrando will - at the User's sole choice - refund the price of the Product or apply a discount on the total price.

3.6 The summary sheet referred to in point 3.4 above also contains information relating to the availability of each Product. It is understood that the units of a Product, even if they are available on the Site, may be out of stock or in any case may not be immediately available. In this case MrBrando will promptly inform the User in writing of the lack of availability of the Product, providing - at the User's sole choice - to replace it with another Product or to refund the full Product no longer available. It is understood that in this case MrBrando cannot in any case be held responsible for the unavailability and / or lack of the Product.

3.7 Tolerances: During the productions made ad hoc for MrBrando's customers, for technical reasons and according to European standards, the quantities delivered may undergo a variation of +/- 10% compared to the quantities ordered by the customer.

3.8 Batteries when included are never covered by warranty.



4. Right of withdrawal

4.1 The User who plays the role of consumer has the right to withdraw from the purchase contract of the Product without having to provide any reasons and without having to incur costs other than those provided for in point 6.6 below, within the term of 14 (fourteen) calendar days. ("Withdrawal Period").

4.2 The Withdrawal Period expires after 14 days have elapsed, (i) in the case of an order relating to a single Product, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product or (ii) in the case of a multiple order with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last Product or (iii) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last lot or piece.

4.3 To exercise the right of withdrawal, the User must inform MrBrando, before the expiry of the Withdrawal Period of his decision to withdraw.

4.4 For the purposes of exercising the right of withdrawal, the User may submit an explicit declaration of his decision to withdraw from the contract ("Declaration of Withdrawal").

4.5 It is understood that the right of withdrawal is considered exercised within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the User before the expiry of the Withdrawal Period. The Withdrawal Declaration must be sent to MrBrando via email. In this regard, the burden of proof relating to the exercise of the right of withdrawal lies with the User.

4.6 Following the exercise of the right of withdrawal, the User must return the Products to MrBrando by following the instructions on the Site, using a carrier of his choice and bearing the direct cost of the return, without undue delay and in any case within 14 calendar days from the date on which it communicated its decision to withdraw to MrBrando. The deadline is met, if the User returns the Products before the expiry of the fourteen-day period. The Product, properly produced and packaged, must be sent to the address indicated from time to time by MrBrando. In the case of Products which by their nature cannot normally be returned by post, the instructions on the Site will indicate the cost of returning the Products through a specific carrier, together with the indication of this carrier.

4.7 If the User withdraws from the contract, MrBrando will refund the amount paid by the User for the Product, excluding delivery costs (where applicable), without undue delay and in any case no later than 14 calendar days from the day in which MrBrando was informed of the User's decision to withdraw from the contract. The refund will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise. MrBrando reserves the right to suspend the reimbursement until receipt of the Products or until the User demonstrates that he has returned the Products, whichever is earlier.

4.8 The User is solely responsible for the decrease in the value of the Products resulting from the manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The User is in no case responsible for the decrease in the value of the Product if MrBrando has failed to inform the consumer of his right of withdrawal.

4.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The Product will remain available to the User in the place indicated by MrBrando for collection which must take place at the expense and under the responsibility of the User.

4.10 The right of withdrawal is excluded in the case of the supply of tailor-made or customized products, or of sealed products that are not suitable for return for hygienic reasons or related to health protection that have been opened after delivery, as well as products. which risk deteriorating or expiring rapidly. The right of withdrawal is also excluded in the further cases referred to in art. 59 of the Consumer Code.

4.11 In the event that, in one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be given specific and express communication in any case during the purchase process before the User proceeds with the transmission of the order.


5. Intellectual and industrial property

5.1 All the contents present or made available through the services offered by MrBrando in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections, are the exclusive property of MrBrando or its content providers and are protected by the rules on intellectual and industrial property.

5.2 It is forbidden to systematically extract and / or reuse all and / or part of the services offered by MrBrando without the express written consent of MrBrando. In particular, it is not allowed to use acquisition or extraction tools and / or devices to extract one or more times and / or to reuse any substantial part of any MrBrando service as well as the Site, just as it is not allowed to create and / or publish a database that reproduces substantial parts (e.g. prices and product lists) of MrBrando's services without MrBrando's express written consent.

5.3 MrBrando is the exclusive owner of the distinctive “MrBrando” as well as any other distinctive sign connected to it (even if not registered). All other trademarks not owned by MrBrando that appear on any of the services offered are the property of their respective owners, who may or may not be connected to MrBrando or sponsored by MrBrando.

5.4 In the case of orders commissioned by the User, the latter assumes all responsibility for the use of third-party trademarks and / or images covered by copyright, undertaking to expressly indemnify MrBrando in the event of possible actions by third parties owners of such trademarks and / or copyrights.

5.5 The User with the acceptance of these General Conditions of Sale expressly authorizes MrBrando to use the User's trademark for advertising and / or information purposes and purposes such as - by way of example and not exhaustive - the possibility of reproducing the trademark of the 'User to add him to the list of his customers.

§ Applicable law and competent court

6.1 The purchase contract concluded through the Site is governed by Italian law, without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the State in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

6.2 In the case of a consumer User, the Milan court is competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.

6.3 The User who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00 (two thousand / 00). The text of the regulation is available on the website www.eur-lex.europa.eu.
 

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