TERMS AND CONDITIONS
General Terms and Conditions of Sale
www.martinamedail.com (hereinafter referred to as "Site") is published by Martina Medail Occioni Bonaffons, a company registered at SPB4012 Xemxija, Malta under VAT and intra-Community VAT Number MT28566428.
These general terms and conditions of sale (hereinafter "GTCS") apply to any purchase of products for sale on the Site (hereinafter "Items") selected by any purchasing consumer for his or her own use (hereinafter the "Customer") via the Site's electronic ordering platform (hereinafter an "Order") from Martina Medail.
Martina Medail reserves the right to amend or update these GTCS at any time. The GTCS that apply to any transaction are those that are displayed online on the Site at the time of the Order. Any Order constitutes unconditional acceptance of the GTCS. Acceptance of these GTCS is evidenced by the acceptance click provided for this purpose before any Order is confirmed, the details of which are set out below.
The GTCS represent the entire contractual relationship between the parties and prevail over any other document exchanged between the parties, regardless of the date of transmission to Martina Medail. Any special conditions that deviate from or supplement the General Terms and Conditions of Sale must be accepted in advance and in writing by Martina Medail.
- Scope of application
The sale of Items on the Site is exclusively reserved for retail and private customers.
Under no circumstances may the Site be used by professional sellers, individually or collectively, regardless of the method of marketing their products (Internet marketplaces, shopping malls, intermediaries, physical stores, etc.). Professional sellers should contact Martina Medail’s sales department directly.
The Customer acknowledges and therefore accepts that Items may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of items ordered in a single order and the number of individual orders that are consistent with the typical quantity for an average consumer, ordered for the same product. Martina Medail reserves the right to refuse an order that has been clearly made by a professional seller Customer.
Martina Medail reserves the right to close any customer account and consequently refuse any sale to a Customer in the following cases:
- Failure to pay for one or more previous Orders,
- Non-compliance with any of the Customer's obligations defined in the GTCS.
The Customer will be informed of the closure of his/her customer account and the deactivation of his/her login and password by email.
Similarly, the Customer may at any time inform Martina Medail by email of his or her intention to close his or her customer account.
- Availability of Items
Items are for sale so long as they are displayed on the Site. In the event of partial or complete unavailability of an Item after placing an Order, the Customer shall be informed by email as soon as possible of the unavailability of the Item and of the partial or complete cancellation of his or her Order.
Martina Medail takes great care in presenting and describing these products to provide the best possible information to the Customer. However, it is possible that occasional minor errors could appear on the Site.
The procedure for placing an Order on the Site is subject to compliance with the various steps that the Customer must follow to validate his or her Order.
The Customer selects the Item(s), and if applicable the size and quantity he/she wishes to purchase on the Site by clicking on "Add to Cart".
The Customer then selects the box that corresponds to the desired delivery method. The price for each delivery method is shown.
The Customer then sees an Order summary containing the price of the Items, the quantity requested, the unit cost of the Items and the delivery method and cost. At any time, the Customer may modify his or her Order and amend any errors.
The Customer pays by choosing the payment method and filling in the necessary fields. By clicking on the "Place your order" button the customer accepts all the General Terms and Conditions of Sale.
The Order is then placed and cannot be modified, without prejudice to the application of the article of these GTCS relating to the right of withdrawal. Upon receipt of payment for the Order, Martina Medail sends a confirmation email summarizing the Order (Items, price, quantity...).
- Prices and payment terms
Unless otherwise stated, the selling prices of the Items are shown in euros (€) and include all taxes (including VAT, which may differ according to the invoicing country).
These prices do not include any additional shipping costs. These costs are specified before the Order is placed by the Customer and are listed separately in the Order summary. The total price of the Order (including all taxes and shipping costs) is displayed in the shopping cart and in the Order summary.
The Site lists the different shipping methods under the "Delivery" section. The Customer selects the shipping methods when placing the Order.
For sales outside the European Union, prices are given FOB from Malta. The customer is responsible for customs clearance and the payment of various duties or taxes.
Martina Medail reserves the right to modify its prices at any time but the Items shall be invoiced at the prices applicable at the time the Order is placed, subject to availability.
Payment for purchases is made via the secure Stripe / PayPal platforms. The Customer expressly acknowledges that by providing Martina Medail with his bank card number, he/she authorises the debit of his/her account for the amount of the Order.
The data recorded and stored by Martina Medail constitute proof of the order and of all transactions made. The data recorded by Stripe / PayPal constitute proof of transactions.
The Customer can choose between several delivery methods available during the Order process.
Delivery is made in accordance with the delivery method chosen by the Customer as specified in the Order confirmation. The delivery dates given on the Site are approximate and correspond to the average processing and delivery times. Martina Medail cannot be held responsible for any consequences due to late delivery that is not its fault. In addition, the day after a collection is put online, the delivery time may be extended to 10 (ten) days, given the volume of Orders.
Delivery is made to the delivery address specified by the Customer, it being understood that this must be the residential address of the Customer, a natural person of his or her choice or a legal entity (delivery to his or her company). Delivery cannot be made to hotels or post boxes.
Delivery to Non-EU countries can incur in additional custom duties and value added taxes (VAT), which are not included in the price and shipping cost listed on our website. We are not responsible for covering these expenses.
Orders are shipped on average within 24 (twenty-four) hours, but this can be extended to 10 (ten) business days. To ensure that these deadlines are met, the Customer must make sure that he or she has provided accurate and complete information on the delivery address (such as street number, building number, stairway number, access codes, names and/or intercom numbers, etc.).
Martina Medail will deliver orders within a maximum of 14 (fourteen) working days for delivery in the European Union and 20 (twenty) working days for international delivery from the day following order confirmation. If the delivery time is not met and not justified by force majeure, the Customer may request cancellation of the sale and obtain a refund of the amounts paid for the sale within a maximum period of 14 (fourteen) days following the date on which the agreement is terminated.
- Delivery Failure
If after two attempts delivery of your parcel becomes impossible, the transport agency will try to find a safe place to leave it, and they will leave a note to let you know where your parcel is and how to pick it up. If you are not going to be in the place of delivery at the convened time, please contact us to agree on another delivery date.
If 15 days after your parcel is available for delivery the parcel has not been delivered for reasons not attributable to us, we will understand that you want to cancel the Agreement and it will therefore be terminated. Following said termination we will refund you the price paid for such products as soon as possible and in any event within a maximum of 30 days from the date in which we deem the Agreement to be terminated. In such case, we will be authorised to charge you the transportation costs arising from the shipping and return (including any incurred duties if outside the EU).
If your order has incurred in duties and you refuse to collect the parcel/payment duties, your parcel will be held with the courier company for 48 hours, after which it will be returned to our warehouse and we will deduct the all associated import duties (import and export) and return shipment cost from your refund.
- Right of withdrawal
The Customer has the right to cancel for a period of 14 (fourteen) days from the date of receipt of his or her Order.
The Customer must notify Martina Medail of his or her intention to withdraw by requesting a return via the Returns section of Martina Medail website.
The Customer must then return the Items to Martina Medail within 14 (fourteen) days of his or her notification of the cancellation. The Item(s) must be returned in its (their) original packaging, in its (their) original condition, new, unworn and unwashed.
Customers shall bear the full shipping costs of return, be it through a paid DHL shipping label provided by Martina Medail, or returning on their own behalf.
To return a product, the Customer must follow the procedure set out in the Returns section of Martina Medail website.
All amounts, except the shipping cost, paid by the Customer shall be refunded by Martina Medail using the same means of payment as that used for the payment of the Order no later than 14 (fourteen) days after Martina Medail is notified of the Customer's decision to cancel the order. Refunds may be deferred until the Items are retrieved or until the Customer has provided proof of shipment of the Items, depending on which of the two dates is the earliest. The return costs are borne by Martina Medail if the delivered Item is different from the ordered or damaged Item. If the Customer fails to comply with these GTCS, specifically the conditions for returns, Martina Medail may not reimburse the Items concerned.
For returns from countries outside the European Union: returns must be sent by Parcel (an Ordinary Parcel). The Customer must complete the CN23 Customs Declaration (or equivalent), provide a description of the goods and tick the box "Return of goods" in the "category of shipment". The Customer must also submit the invoice for the Order in question to prove that the goods are identical. Failure to provide this information, or provide it incompletely, could result in duties being borne upon collection of the return and these duty costs deducted from the refund amount.
- Guarantees and complaints
Complaints: Upon receipt of the Items, the Customer must immediately check the condition and conformity of the Items with the Order, including the quality and quantity of the Items and their specifications. If the Items are not consistent with the Order or are damaged, the Customer must submit reservations and complaints to the carrier or refuse delivery if the package is opened or damaged, and address his complaints by email to the address email@example.com within 15 (fifteen) days from the date of delivery. The Customer must then fully specify and justify the reasons for the complaint. No claims will be taken into account if the Items have been used. No unexpected returns, without Martina Medail’s agreement, will be accepted, except when exercising the right of withdrawal.
Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability will not be excluded or limited in the following cases:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation, or
- In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Notwithstanding the preceding paragraph and to the extent permitted by law, and unless these Conditions provide otherwise, we will not accept any liability for the following losses, irrespective of their origin:
iii. Loss of income or sales;
- Loss of business;
- Loss of profits or loss of contracts
- Loss of anticipated savings;
vii. Loss of data, and
viii. Loss of processing time or working office hours.
This is a free-access website, and due to the possibility of errors in storage and transmission of digital information, we cannot guarantee the accuracy and security of information transmitted or obtained through this website, unless the otherwise established therein.
All product descriptions, information and materials contained in this website are provided “as is” and without warranty of any kind, express or implied.
To the extent permitted by law, we hereby exclude all warranties except for those that cannot be excluded under consumer laws.
The provisions of this clause will not affect your statutory rights as a consumer and user or your right to cancel the Agreement.
- Personal Data
When entering the Customer's personal data, the Customer must ensure that the data provided is accurate and complete. If there is an error in the wording of the recipient's contact details, Martina Medail cannot be held responsible for any failure to deliver the Order.
Martina Medail collects personal data concerning the Customer at the time of registration for the purposes of any Order placed on the Site. This data is only used within the framework of Martina Medail’s commercial relationship with its Customer in accordance with the privacy and personal data processing policy, which also specifies the rights that the Customer has regarding his or her personal data collected and processed by Martina Medail.
- Retention of ownership
The ordered Items remain the property of Martina Medail until full payment of the price by the Customer, in principal and any related costs. In the event of non-payment on the agreed due date, Martina Medail reserves the right to take all necessary measures to retrieve the Item(s).
- Force Majeure
If an event of force majeure, the party concerned must inform the other within 15 (fifteen) days of the occurrence of the event, by registered letter with acknowledgement of receipt. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than 3 (three) months, the Order concerned may be automatically cancelled without compensation for any party.
- Our Right to Amend these Conditions
We have the right to adjust and amend these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you make use of this website or at the time you place an order for products, except if we are required by law or a governmental authority to make retroactive changes in these policies, Conditions or Privacy Statement, in which case said amendments will apply to previous orders placed by you.
- Applicable law - Mediation - Jurisdiction
The use of our website and agreements for purchase of products through this website will be governed by the Maltese law.
Any dispute arising from or related to the use of the website or to said agreements will be subject to the non-exclusive jurisdiction of the Maltese courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your statutory rights under the current applicable law.
- Comments and Suggestions
Your comments and suggestions are welcome. Please send us your comments and suggestions via our email at firstname.lastname@example.org