Terms and conditions
All product offers and sales on the www.lepandorine.it and www.numeroventidue.it website (“Website”) are subject to the following General Sales Terms.
Products purchased www.lepandorine.it and www.numeroventidue.it are sold by MACHIWEB s.r.l. (“MACHIWEB”). MACHIWEB is registered in Register of Enterprises in Milano, Italy, C.C.I.A.A. MI 1904626, CF/ P.IVA 06638940962. Registered office is at Viale Sarca, 336 F, Milano - Italy.
For any further information and/or communication and/or claims about sales, purchase orders, products, payments and shipments, please contact Customer Service managed by MACHIWEB (“Customer Service”): [email protected] or [email protected] and [email protected] or [email protected].
1. Sphere of application and Website registration
These General Sales Terms apply to all sales made by MACHIWEB through the Website. MACHIWEB may change the General Sales Terms at any time. Any changes and/or new terms will be in force from the moment they are published in the Website’s “Sales terms” section. Thus, users are invited to visit the Website regularly and to verify the most updated General Sales Terms. The applicable General Sales Terms are those in force on the date on which the purchase order is made.
The sale of products and/or the supply of services not by MACHIWEB but by a different party that might be present on the Website with links, banners or other hypertext links are not subject to these General Sales Terms. Before agreeing to commercial transactions with the above mentioned parties you must verify their sales terms. MACHIWEB is not responsible for the supply of services and/or sale of products by the above mentioned parties. MACHIWEB does not control and/or monitor the websites you can reach through the above mentioned links in any way. Therefore, MACHIWEB is not responsible for the contents of the websites or for any mistakes and/or omissions and/or breaches of law made by them. The website lepandorine.it and numeroventidue.it offer products that belong to MACHIWEB. MACHIWEB is the owner of brands that appear on the Website itself.
The purchase suggestions on the Website are meant exclusively for natural persons or non-commercial parties. Therefore, any purchase contracts agreed upon in spite of this clause by retailers or wholesalers and, in any case, by parties who intend to purchase the products for sale on the Website with the purpose of re-selling them later, will be rescinded. MACHIWEB reserves the right to not accept orders by parties who are not consumers or, irrespective of their qualification, who make unusual orders on the Website in terms of product quantity or frequency.
Moreover, the purchase suggestions on the Website are meant exclusively for consumers living in the following countries’ list (PDF). MACHIWEB will not accept purchase requests coming from buyers residing or living in countries that are not included in that section.
In order to purchase on the Website, you don’t need to get registered to the Website but you must accept – by clicking on the appropriate box – these General Sales Terms. If you do not accept these General Sales Terms you will not be able to make any purchase on the Website.
In order to register to the Website, users must fill out the appropriate form with first and last name, e-mail address, password and residence address.
Registration credentials must be used exclusively by the user and cannot be given to third parties. The user undertakes to keep them secret and to make sure no one can access them. Should the user suspect their undue use and/or divulgence, he or she must immediately inform MACHIWEB.
The user guarantees that the personal details given during the Website registration procedure are complete and true. In case of breach of Website registration rules, the user will take full responsibility and exempt MACHIWEB from any compensation and/or following action.
2. Industrial and intellectual property rights
The current laws about copyright and intellectual property protect all of the Website’s contents. Taking or using in any way any part of the material from the Website without an explicit authorization is forbidden, as is any other activity that might infringe the legitimate interests of the authors and copyright holders. The Website and its contents can only be used for personal purposes – excluding directly or indirectly commercial ones – providing that the rights holder’s details are left intact and not altered in any way. Just to make an example, the Website content includes, but is not limited to:
- texts and photographs;
- film segments;
- data banks;
- graphs and tables;
- reproduction of sounds;
- illustrations, whether animated or not;
- any representation in graphics and/or text in general.
Therefore it is not possible to copy and/or reproduce the content of the Website in whole or in part without MACHIWEB’s explicit authorization. In point of fact, we point out that all trademarks, domain names, business names, firms and signs on our Website belong exclusively to MACHIWEB and therefore are protected by the current laws about distinctive signs. Hence their reproduction, in any possible way, is strictly forbidden without the explicit authorization by MACHIWEB, as is any registration’s brands in any top-level domain. We herewith inform you that also trademarks, domain names, business names, firms and signs belonging to third parties with which MACHIWEB collaborates variously, which might appear on the Website’s pages, are protected by the current laws about distinctive signs.
MACHIWEB informs you that the use of any distinctive sign shown on the Website as metatag and/or of any html language command which – even if it does not entail the visualization or formatting of a certain command – gives instructions to electronic agents or search engines to enhance the ranking of a website that is not related to MACHIWEB is strictly forbidden.
Without MACHIWEB’s written authorization it is strictly forbidden to create links to the Website’s Homepage, which is currently accessible at the web address www.lepandorine.it and www.numeroventidue.it (“Homepage”), or to any other of the Website’s internal pages.
Specific links that allow users to go to an internal page without passing from the Homepage (“deep linking”) are strictly forbidden, as are links that allow users to automatically visualize images from the Website in a specific space (“inline linking”). Moreover, links that allow a page from the Website to appear in a specific page of another website, inside a frame instead of inside a separate browser window (“framing”) are forbidden as well.
Regarding this matter, we herewith point out that any violation of the present article can be prosecuted also as a form of unfair competition, regulated by current laws on the subject.
4. Guarantee exclusion and limitation of liability
All contents published on the Website merely have the purpose of giving general information. MACHIWEB does not guarantee their accuracy and completeness in any way, and reserves the right to change and update such information without prior notice.
MACHIWEB will not be held responsible for any direct or indirect damage, including loss of profits, deriving from the use or impossibility to use the Website and its contents, or the websites linked to it directly or indirectly, or from omissions or errors.
If any clause of these General Terms is held illegal, void, or invalid for any reason, it will be considered separable from the others and will not affect the validity and applicability of the remaining provisions.
6. Information about the contract finalisation
In accordance with Italian Legislative Decree no. 70, April 9 2003, concerning electronic commerce, MACHIWEB informs users that:
in order to close agreement with the purchase contract, you must fill out the electronic purchase order available on the Website and send it telematically to MACHIWEB, following the instructions that will appear on the Website at that time to lead you through the different phases of the purchase;
the contract is closed when MACHIWEB, having verified that all details relating to the order and payment are correct, receives the order form registration as acceptance of the purchase suggestion;
before sending the order form, you can check the details and correct any mistakes by following the instructions that the Website will give at that time to lead you through the different phases of the purchase;
once the order form is registered and payment of the total sum due is confirmed, MACHIWEB will send you, by e-mail at the address you have given, an order confirmation and payment receipt, with information about the purchased product and details about price, payment method used, return policy, shipment and any other additional costs as well as the Customer Care contact – where you can ask for assistance and/or present claims. We recommend you save this e-mail as a proof of purchase;
the order form will be filed in MACHIWEB’s data bank until the order is processed and, in any case, within legal time limits. In order to access your order form, you can consult the “My Account” section of the Website where you will find the list of all the orders you have placed.
Users can close the contract in Italian and English. Customer Care can communicate with users in Italian and English.
All prices for products offered for sale on the Website are in Euros (€) and include Value Added Tax (“VAT”). Shipment and any other additional cost, including VAT, will be explicitly and separately shown on the order form before the user sends it, as well as on the e-mail confirming the order.
We invite users who live in countries not using the Euro as currency to keep in mind the impact of exchange rates on the total cost of the product they intend to purchase. We inform you that, because of various factors, including the trademark holder’s commercial policy, the price of products offered for sale on the Website might change from state to state.
While products’ prices can change without prior notice, users will be charged the price that is published in the product details when they send the order. Products will remain the property of MACHIWEB until the user has paid the purchase price, shipment and any other additional costs.
Purchase orders will be processed only after MACHIWEB receives confirmation of the payment due, including purchase price, shipment and any other additional costs as stated in the order form. MACHIWEB reserves the right to refuse orders from users who cannot provide sufficient guarantee of their solvency or with whom it has pending disputes and/or who have made unusual orders.
Since it is possible for two users to purchase the same product at the same time, a product might become unavailable after the purchase order has been sent. If the ordered product becomes unavailable, an e-mail will inform the client and the purchase order will be cancelled. If payment has already been made, MACHIWEB will refund the total sum paid by the client – including purchase price and shipment, excluding any further compensation.
The total refund will be communicated by e-mail and credited through the original payment method used by the user for purchase.
Any delay in refund could depend on the bank or type of credit card used for payment. In any case, charge and refund will have the same value date.
We deliver to the following countries’ list (PDF). Delivery time is as stated in the purchase order registered in the Website’s “My Account” section and specified in the purchase order confirmation. Delivery time starts when the user receives the communication of the purchase order confirmation. If a specific term is omitted, delivery will take place within thirty days from the day after the order has been sent.
Products ordered will be sent to the specific address We remind you that the delivery address must, in any case, be within the borders of the Country of Residence.
Upon delivery of the products to the courier, will be sent by e-mail to the user a shipment confirmation.
Deliveries will be made via courier, from Monday to Friday, in regular business hours, national holidays excluded.
MACHIWEB reserves the right to avail itself of other carriers and/or of different delivery methods. Delivery is completed when the product is at the user’s disposal at the delivery address provided in the order form, which corresponds to the specific address you indicated while the registration.
If the client is missing at the given address, the courier will place package at the more comfortable UPS ACCESS POINT. The customer will receive the store’s address where to get the package. Alternatively, UPS leaves a postcard to certify the delivery attempt. The postcard will indicate the details to contact the courier so to define a new delivery. In any case, in the next 24 hours after delivery, if the customer did not contact the courier to agree, the courier will attempt a second delivery. In the event that the second attempt also fails, the purchased product will be returned to MACHIWEB, with the warning that within 30 (thirty) days from the date the product was returned to MACHIWEB, the sales contract with the CLIENT is' will terminate and the Order canceled pursuant to art. 1456 c.c.
If the delivery of the purchased product doesn’t take place or is late, the user can present a complaint to Customer Service by e-mail.
MACHIWEB will examine the complaint and, if the missed or late delivery is attributable to MACHIWEB and not due to a fortuitous event or force majeure or in any case circumstances beyond its control, reserving the possibility for the user to avail him- or herself of the ordinary protection provided by laws, MACHIWEB will refund the total sum paid by the client – including purchase price and shipment.
It is up to the recipient to check that the delivered product is in good condition. Should the packaging show obvious signs of damage or tampering, the user must immediately notify Customer Service by emailing to [email protected]/[email protected]
10. Return and refund policy
Users who bought products through the Website have the right to withdraw from the contract with MACHIWEB, with no penalty and no need to specify a reason, within 14 (fourteen) working days from the day on which product is received.
Accordance with art. 67, II paragraph, of the Italian Legislative Decree no. 206, September 6 2005 (“Consumers’ Code”), any returned product must be substantially undamaged in order to exercise the right to return it. Therefore, products must not be damaged or tampered and can be returned only if the identification tag and/or labels and/or disposable seal, if present, are attached to the undamaged items.
2. MACHIWEB will send the return form.
3. Fill in the return form properly and send back by email.
4. Place also the return form filled in and signed in the original shipping box and send it with the goods to the following address: MACHIWEB SRL C/O Albini&Pitigliani – via Bruno Buozzi, 2 20060 Liscate Milano - Italia.
5. MACHIWEB will manage the return with its own courier.
6. In accordance with art. 67, IV paragraph, of the Consumers’ Code, only after receiving the product/s and having checked both that all terms and conditions for exercising withdrawal rights are respected and that the products are undamaged, MACHIWEB will refund the sums paid by the client immediately, and in any case within fourteen days from the day when it came to know about the withdrawal. The refund will be credited through the original payment method used by the user for purchase. Charge and refund will have the same value date.
7. In accordance with art. 55 of the Consumers’ Code, withdrawal rights are ruled out if the products sold are made to order or personalised, or by their very nature cannot be re-sent or risk deterioration or spoil quickly.
Users who do not live in Italy reserve the right to apply any more favorable law in force in the country where they usually live, in particular as regards the term to exercise their withdrawal rights, the term to return merchandise in case they exercise their withdrawal right, and the ways to communicate the decision to withdraw.
Products purchased on the Website are paid by credit card or PayPal. MACHIWEB accepts all major Credit Cards including VISA, VISA Electron, MasterCard, American Express.
In order to avoid Internet frauds, payments by credit card for purchases on the Website are managed online by the bank through tools offered PayPal (www.paypal.com).
PayPal is responsible for saving and automatically processing in a protected environment the information regarding each order, including financial information.
All financial information such as, for example, the credit card’s number and expiration date, are managed directly by PayPal which guarantees the safety of online transactions. MACHIWEB never comes to know credit card details and therefore is not able to save them in any way.
The credit card used by the user for payment will be charged when (i) credit card details used by the user for payment will have been verified; (ii) MACHIWEB will have confirmed the product’s availability and (iii) the credit card’s issuing company will have authorized the charge.
The commercial invoice is issued at the moment of the purchase only on demand. Buyer has to request invoice sending an e-mail to [email protected]/[email protected] , giving details about address and business name.
In case of missing payments, MACHIWEB will charge the costs for managing the user’s outstanding accounts and will refuse the purchase order, giving notice by e-mail.
12. Guarantees and product nonconformities
The products’ images and colours published on the Website might vary from the real ones because of the local settings of the systems and/or tools used to visualize them.
Should there be a flaw in the purchased products compared to the description published on the Website, users have the right to have products repaired or replaced at no extra cost, if the number of items still available for sale makes replacement possible and if the replacement or repair is not excessively expensive for the seller, considering the value the product would have without the nonconformity and the extent of the flaw.
Alternatively, users have the right to an adequate discount on the price or to withdraw from the contract.
In case of withdrawal, MACHIWEB will refund the total sum paid by the client – including purchase price and shipment. In case of discount, MACHIWEB will refund the difference. In any case the refund will be communicated to the user by e-mail and credited through the original payment method used by the user for purchase.
Users must agree on merchandising shipment terms with Customer Service. Users must notify the nonconformity flaw to MACHIWEB within 2 (two) months from the date on which the flaw was discovered, or forfeit their right to claim nonconformity.
Users who do not live in Italy reserve the right to apply any more favorable law in force in the country where they usually live, as regards legal conformity guarantees.
Products that have been repaired, modified or in any way tampered by the user are excluded by the conformity guarantee.
MACHIWEB is not liable for damages of any kind deriving from improper use and/or failure to use in accordance with the instructions supplied by the manufacturer, nor for damages caused by accidents or force majeure.
Products sold are also covered by conventional warranties given directly by manufacturers.
MACHIWEB is not liable for any difference between the product ordered and its description on the Website, if the difference derives from a description error imputable to suppliers and which MACHIWEB did not and could not know about, even acting with due care.
MACHIWEB commits to correct any errors in the description of products offered on the Website as soon as possible, after they are pointed out. Users can notify Customer Service at the contacts provided in the introduction.
MACHIWEB will not be liable to any users for damages, losses and costs incurred as a result of non-execution of the contract, since the consumer is only entitled to the refund of the price paid for MACHIWEB's accountable liability.
Similarly, MACHIWEB is not responsible for the fraudulent and illicit use that can be made by third parties, credit cards, checks and other means of payment used when paying for the purchased products.
MACHIWEB may not be liable for any breach of any of the obligations arising out of these General Conditions of Sale if such breach is caused by chance and / or force majeure, by force majeure any event that, outside MACHIWEB's sphere of control, is such as to prevent MACHIWEB from executing the contract with the customer or to render this contract excessively expensive for MACHIWEB in relation to the consideration of the products purchased by the customer.
14. Force majeure
In no case can MACHIWEB be held responsible for non-fulfilment of any of the obligations deriving from these General Sales Terms if the non-fulfilment is caused by accident or force majeure, such as (but not limited to) natural disasters, terrorist acts, malfunctioning of the web and/or blackout.
These General Sales Terms represent the entire agreement between MACHIWEB and the Website’s users as regards the purchase of products through the Website.
16. Applicable law and jurisdiction
Italian law governs contracts between the Website’s users and MACHIWEB. In particular, they are subject to art. 50 and following of the Consumer Code. Users who do not live in Italy reserve the right to apply any more favorable law in force in the country where they usually live.
The court of the city where the user has his or her residence or domicile shall have exclusive jurisdiction over any disputes relating to the application, execution or interpretation of these General Sales Terms. For all other users it is agreed that any controversy will be the exclusive competence of the Forum in Milan.
Moreover, users living in a country belonging to the European Union different from Italy can access, in the case of disputes relating to the application, execution or interpretation of these General Sales Terms, the European procedure established for small claims with Regulation (EC) no. 861/2007 of the European Parliament and of the Council, July 11 2007, provided that the value of a claim does not exceed Euro 2,000.00, disregarding all interests, expenses and disbursements. The text of the regulation can be retrieved from EUR-LEX EUROPA .