Terms And Conditions

CORPORATE DATA

The Marella website is composed of two different URLs:


- one dedicated to the corporate site, brand.marella.com, managed by Marella S.r.l. unipersonale, Sole Shareholder Company, Max Mara Group, Registered offices at Via Giulia Maramotti 4, 42124, Reggio Emilia, Italy, Tel. +39 02-23345 352, Fax +39 0522 399399, Registry of Companies of RE 01322820356Fully paid-in share capital €5,239,000.00 fully paid-in, hereinafter, “Marella”

- one for the digital store marella.com, managed by Diffusione Tessile S.r.l. Sole Director, Max Mara Group, registered office in Via Santi 8, 42025, Cavriago (Reggio Emilia), Italy, e-mail customercare@marella.it; Tel. +39 0522 494611, fax +39 0522 944385, Economic Administrative Index: Reggio Emilia No. 156506 Business Registry of Reggio Emilia, Tax Code and VAT 01044120358, EU VAT Code IT01044120358, Share Capital of €2,500,000, fully paid-up, hereinafter only “Diffusione Tessile” that sells Marella products online in Italy.

 

SALES CONDITIONS

The online sales system, which assumes active customer intervention, has been implemented in full compliance with the rules on distance selling, and, in particular, art. 49 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and the subsequent amendments and additions). The use of the distance selling process described in these General Sales Conditions is reserved exclusively for consumers as defined in Art. 3 of Legislative Decree 206 of September 6, 2005 and only if the products are delivered to the Italian territory (hereinafter defined for brevity as the "Customer" or "Customers").

 

1. Field of Application

These general terms of sale are applicable to all Marella. product sales, completed remotely through the marella.com site. These general distance selling terms and conditions must be thoroughly examined by the Customer prior to the completion of the remote purchase process for the aforementioned product. It is understood that placing a purchase order through the marella.com site implies total and absolute knowledge of these general terms of sale and their full acceptance: the Customer, by placing the purchase order through the marella.com site, unconditionally accepts and agrees to observe, in its relations with Diffusione Tessile, these general terms of sale as well as the payment terms shown below, stating that he/she has read and accepted all the information provided. Any derogations to these general conditions will only be effective if agreed upon in writing between the parties. These general terms and conditions of sale are to be considered applicable and effective as long as they are published on the marella.com website. Any changes to these general sales conditions will be published on the site and the new general sales conditions will only apply to orders made from the day of their publication.

 

2. Seller Identification

Diffusione Tessile S.r.l. Sole Director, Marella Group, registered office in Via Santi 8, 42025, Cavriago (Reggio Emilia), Italy, e-mail customercare@marella.it; Tel. +39 0522 494611, Fax +39 0522 944385, Economic Administrative Index: Reggio Emilia No. 156506 Business Registry of Reggio Emilia, Tax Code and VAT 01044120358, EU VAT Code IT01044120358, Share capital of €2,500,000 fully paid-up, an online distribution company for the Italian market of the Marella. products.

 

3. Information on the Product

Information about Marella. products that can be sold remotely through the marella.com site is provided in accordance with applicable laws and, in particular, Articles 49 and 51 of the Consumer Code.

 

4. Product Orders and Signing the Contract

The presentation of the products on the site is an invitation to tender.

The order can be made through the marella.com website by selecting any image of the product presented and in any case following the steps and instructions specified on the site. In order to make any changes and/or corrections to the order, the Customer shall follow the instructions contained on the Site.

The amount of an individual order cannot exceed the sum of €10,000 total.

The order will be sent by clicking on the "Buy Now" button and will be stored in the Diffusione Tessile database for the period of time set forth by the current legislation.

The order will then be considered a contractual purchase proposal. Upon receipt of the order, Diffusione Tessile will send the Customer an email containing the order number and information about the ordered products, the price of each product, the shipping address as well as the payment methods and the delivery times. This email does not constitute acceptance of the Customer's Purchase Proposal, and serves only as confirmation that the order has been received. Upon receipt of Customer's order, Diffusione Tessile will verify the availability of the ordered products as well as the accuracy of the information provided by the Customer.

The sales agreement with Diffusione Tessile will only be completed by sending a separate email of acceptance for the purchase proposal and/or dispatch confirmation of the ordered products.

The Customer's order may be refused in the event of an error in the information provided by the customer if the available products are out of stock, if insufficient solvency warranties are detected, if the order does not meet the normal need for consumption (a requirement that applies either to the number of products purchased within a single order or to a plurality of orders pertaining to the same product, even if each order comprises a quantity of products corresponding to normal needs of consumption), or due to cases of force majeure.

If the order cannot be accepted, Diffusione Tessile will communicate within 10 days following receipt of the order the impossibility of processing the order, which will be followed by the immediate release of the payment amount.

 

5. Product Price

The price of the product published on the site relates to the single item, expressed in Euros and including VAT. Diffusione Tessile will pay all taxes, duties, charges and/or shipping costs.

 

6. Payment Conditions

The customer can pay by credit card, PayPal or COD cash on delivery. The following credit cards are accepted:

- Visa/Visa Electron;

- Mastercard;

- American Express;

- Maestro International.

The total amount of the order is committed to the Customer’s credit card or PayPal account upon forwarding of the order to Diffusione Tessile (when the Customer selects "Buy Now"), with simultaneous acceptance by Diffusione Tessile pursuant to art. 4, and initiation of procedures to prepare the products for shipping. In order to prevent online fraud, payments made through the marella.com website are managed online by the bank managing the Customer's credit card through the tools offered by Cybersource and PayPal. Cybersource, PayPal and their affiliated companies are responsible for the automatic retention and processing in a secure environment of the information pertaining to each order, including details of the credit card used.

For payment, the Customer must:

- in the case of credit card payment, confirm on marella.com the cardholder data used for the purchase; then enter the 16-digit number and expiration date on the same site as well as the relevant security code;

- for COD payment, pay the order amount to our partner in cash. The order will be delivered to the customer together with a receipt for the payment just made. This payment option is a special service that costs an additional flat surcharge of 8,00€. If you choose this payment method, the total amount of the order cannot exceed €1999.99. This payment method cannot be used for amounts higher than this.

- in the case of PayPal payment, enter the access information on the PayPal page to which you will be automatically redirected, then complete the payment as indicated by the service administrator.

During purchase, Diffusione Tessile will save an acknowledgement code associated with the Customer's PayPal account, which authorises the exclusive use of future purchases, or the replacement of goods already purchased to avoid entering their PayPal access data again.

It is possible to revoke the aforementioned authorisation at any time from within your My Account account or by making an express request to the Customer Service (customerservice@maxmara.it) or directly from the Customer's PayPal account. PayPal may require the Customer to re-enter their login credentials if there is suspicion of unauthorised activity linked to the use of the PayPal account.

The conclusion of the order process will be considered effective after the completion of payment transactions once the customer is redirected to the marella.com website, confirming acceptance of the order.

In the event that the charge is not accepted due to incorrect data entry by the Customer or for other technical causes which will be communicated to the Customer by the Payment Service Provider, the Customer will not be able to use "Buy Now"; if the Customer decides to leave the payment page in the manner indicated by the service administrator, the Customer will be redirected to the website it.diffusionetessile.com, which will inform him that the order cannot be completed.

 

7. Delivery

Before purchasing the customer can choose one of the following delivery methods.

7.1 Delivery to the Customer's address.

Delivery of the products is carried out exclusively in the Italian territory, at the address indicated by the Customer, only after regular payment of the order sent to Diffusione Tessile. The Customer cannot ask for delivery of products to PO boxes and/or similar. In compliance with the provision contained in art. 61 of the Consumer Code, Diffusione Tessile will deliver the products within and not more than 30 days from the day the Customer sent the order. If the recipient or other person authorised to receive the shipment at the time of the delivery attempt is not available, the express courier will issue a written notice containing details of the delivery attempt and the codes and contact details that allow you to set the next delivery appointment with the courier. If the recipient or other person authorised to receive the shipment is unavailable at the time of the delivery attempt, the express courier will make a further delivery attempt the following day. If this second attempt is also unsuccessful, the express courier will leave written notice containing its contact details and the pick-up point where the products can be collected. If the Customer does not collect the products from the pick-up point within 10 (ten) days, the ordered products will be returned to the warehouse. Customer Service will contact the Customer to agree whether or not to proceed with a new shipment of the ordered products or to refund the relative payment.

In the further case where the delivery of the product(s) to the Customer does not take place within 4 business days after the date of shipment, as communicated to the Customer by Diffusione Tessile, and the site tracking is impossible at the place where the goods are located through the online system that will be made available to the Customer, the Customer must notify Diffusione Tessile of the non-delivery of the product(s) via the "Contacts" page within the Customer Service area of the marella.com site. Diffusione Tessile agrees to guarantee the new shipment of lost the product(s) within 48 (forty-eight) hours following the notification, except in the case of the product(s) being unavailable, or due to force majeure, which will lead to the cancellation of the order and the refund of the payment amount.

7.2 Delivery to the selected point of sale

The products are delivered exclusively in Italy to the point of sale selected by the Customer from among those specified and available at this link https://it.marella.com/store-locator, only after Diffusione Tessile has received payment for the order. The Customer cannot request delivery of the products to post office boxes and/or similar. In compliance with the provision contained in art. 61 of the Consumer Code, Textile Diffusion will deliver the products, making them available to the Customer at the selected point of sale no later than 30 days from the date on which the Customer submitted the order.

If the Customer does not pick up the products from the selected store within 15 days from the date on which he/she was notified of the products' availability at the selected store, the products ordered will be returned to the warehouse and the price paid by the customer will be refunded.

 

8. Shipment Costs

Delivery is free for all items that can be purchased at marella.com.

 

9. Right to Rescission

The Customer may exercise the right of rescission provided for in Article 52 of the Consumer Code within 14 (fourteen) calendar days from the day on which the Customer or third party other than the carrier designated by the Customer acquires the physical possession of the goods.

The Customer may exercise the right of rescission without giving any reason:

By sending the form included as Annex 1 or other similar declaration to Diffusione Tessile S.r.l. at the address Via Santi 8, 42025, Cavriago (Reggio Emilia), Italy, or by email to customercare@marella.it, or fax to the number +39 0522 944385 (Tel. +39 0522 494611) together with the purchased goods, in perfect condition and in their original packaging, with the label and all the documentation received.

By delivering the purchased goods to any of the points of sale listed at the following link https://it.marella.com/store-locator in perfect condition and in their original packaging, with the label and all the documentation received.

In the first case (letter a)), within 14 (fourteen) calendar days from the request for cancellation above the Customer must return the products in the same conditions in which they were received, following the procedures specified in articles 10.1 or 10.2 below, and the return costs will be charged to Diffusione Tessile. In the second case (letter b)), the return of the products will take place simultaneously with the exercise of the right of cancellation, at the point of sale chosen by the Customer.

The options specified in letters a) and b) are alternatives.

If the cancellation procedure is completed according to the conditions above, the price paid by the Customer for the returned products will be refunded within the term of 14 (fourteen) calendar days starting from the date in which Diffusione Tessile is informed of the cancellation request (if procedure a) is chosen) or without delay if returned to one of the participating points of sale (if procedure b) is chosen).

For procedure a), Diffusione Tessile can withhold reimbursement until it has received the cancelled goods or until the consumer has demonstrated that he/she has shipped the goods, whichever occurs first.

If payment is made by credit card or PayPal, Diffusione Tessile will make this refund using the same means of payment used by the customer for the initial transaction unless otherwise expressly agreed to with the customer and provided that this does not result in additional costs for the customer.

For COD payments, Diffusione Tessile will refund the amount by bank transfer to the account communicated by the Customer.

To this end, the customer authorises Diffusione Tessile to keep its bank details and payment data on file for the time necessary to exercise the right of withdrawal.

 

10. Returns

In the event that a right of rescission is exercised, the Customer may return the products according to the procedures outlined below.

10.1 Returns based on the Diffusione Tessile procedure with the GLS carrier.

The Customer will be able to return the products for free and without shipping costs using the Diffusione Tessile returns procedure.

If the Customer is a registered user on the marella.com site and has a My Account, the Customer can: i access his/her profile, ii go to the “my orders” section, iii select the product to be returned and click on “Request Return”. If the Customer is not a registered user on the marella.com site and does not have a My Account, he/she may contact Customer Service by telephone or by email requesting the use of the Diffusione Tessile return procedure.

During the return request the customer must indicate on the website using his/her account or arrange directly with the Customer Service the time slots in which the courier can make the pickup. The collection of the returned goods must occur within and not after 14 (fourteen) days from the exercise of the right of rescission referred to in Article 9 above.

Following the above-mentioned return request, the Customer will receive an email for the return receipt. The Customer will receive an email with the Tracking Number only after the package has arrived at the GLS headquarters, to trace and check the shipment's progress. Using the marella.com free return service, the Customer will have the security of being refunded in case of theft or loss of shipment.

The Diffusione Tessile return process can only be done in Italy.

10.2 Return Method for a carrier other than GLS

If the Customer decides not to use the Diffusione Tessile returns procedure, products must be returned within 14 (fourteen) days from exercising the right of rescission to Customer care Marella. c/o Magazzino resi B2C, via Mazzacurati 4, 42122, Reggio Emilia, Italia.

The direct return costs will be paid by the Customer.

10.3 Returns to the store

When exercising the right of cancellation by following the procedure outlined in art. 9, second paragraph, letter b) above, the Customer can return the products for free by delivering the purchased goods to any of the points of sale listed at the link https://it.marella.com/store-locator no later than 14 days from the date when the Customer or a third party designated by the Customer (other than the carrier) has acquired physical possession of the goods. Returning goods to the store is an alternative to the returns specified in points 10.1 and 10.2.

10.4 Conditions of Integrity for the Return

According to Article 57 of the Consumer Code, the consumer is liable if the products returned by the Customer are damaged, incomplete, damaged and/or used in a non-compliant manner. An asset is considered used beyond normal diligence in the case of use beyond that necessary to establish its nature, characteristics and operations (e.g. in case of removal of the labels, if the clothing item was worn rather than just being tried on).

You can return an item purchased at marella.com only if it is in the same condition as when it was received. The Customer must then ensure that:

- the item has not been used or suffered damage during being tried on;

- the item has not been dirtied or been washed;

- the item keeps all labels, tags and warranty seals on the item when checking the quality and original finishes;

- the item has not been modified in any way.

In particular, we must specify that all types of items in their original box (eg shoes or small accessories) must be returned in their original packaging, which is considered an integral part of the article.

In case the damaged, incomplete and/or deteriorated goods are returned and/or the conditions of use are not compliant with due diligence, notwithstanding the right to rescission, the customer will be charged the sum corresponding to the decreased value of the goods. In such cases, Diffusione Tessile will promptly notify the Customer of the damage and non-conformities found when receiving the items. The amount charged to the Customer, which in any case cannot be higher than the price paid for the purchase of the item, will be deducted from the Customer's refund.

Any questions can be directed to our Customer Service. For questions regarding the shipment and/or delivery of the order customer support of the carrier GLS Italia can be contacted through its website or calling 199 151 188.

Product returns coming from unidentifiable persons and with no order reference will remain in storage in the warehouses of Diffusione Tessile for a period of 60 days from receipt of the goods, after which, if the person has not been identified, Diffusione Tessile can dispose of them freely.

10.5 Items that are incorrect, damaged or different from those ordered

We would like to inform Customers that marella.com submits its own garments and materials with which they are made to strict quality controls, ensuring that they are sold in perfect condition. In addition, for greater remote purchasing protection, every single item shipped by marella.com is checked before being shipped. Marella.com has adopted the best photographic standards, and therefore the colours of the apparel depicted on the website are as close as possible to the original colours. Variations due to the technical specifications and the colour resolution of the Customer's device cannot be excluded. Diffusione Tessile is therefore not responsible for the inadequacy of the photographic representations of the products due to the aforementioned technical reasons. In these cases, the Customer may only return the product within the terms of the rescission period referred to in art. 9.

In case of receipt of a product other than the one ordered, the Customer may return the product within the terms of the rescission period referred to in art. 9.

10.6 Exchanges

At the Customer's request, the products purchased can be exchanged with other sizes and colours of the same items no later than 14 days from receipt of the products ordered, following the same procedures as for returns as outlined in art. 10.1. and 10.2 above.

The Customer can also exercise the right of cancellation for the exchanged products, following the same procedures outlined in articles. 9, 10.1, 10.2 and 10.3.

Exchanges cannot be made at points of sale, only through the marella.com website following the procedures for requesting and returning the products specified therein

 

11. Compliance – Warranty

1. The purchased products benefit from the legal guarantee according to Articles 129 and following of the Consumer Code. Diffusione Tessile is responsible of any lack of conformity, already existing at the time of the delivery of the products, that becomes apparent within 2 years from delivery of the products.

 2. Any complaint for lack of conformity must be communicated in due time to Diffusione Tessile with a description of the non conformity.

3. For a quick management of the complaint, the Customer may also report the non-compliance by requesting immediate delivery via the "Order" button next to the product photo under the "My Orders" button of the personal area of My Account, specifying the reason for the request according to the methods indicated on maxmara.com.

4. In case of receipt of non-conforming products or of a product other than that ordered, the Customer must make the product available for Diffusione Tessile and Diffusione Tessile must verify that the numbered warranty seal placed on the item during the quality control prior to shipping is intact and has not been removed.

5. The Customer shall be entitled to have the non-conforming Products restored, free of charge, by means of replacement. Under no circumstances will tailoring changes be made to the garments purchased since these would be overly costly for Diffusione Tessile. Likewise, no costs that the Customer incurs in order to make tailor-made adjustments and/or alterations to the items purchased will be reimbursed, and will therefore remain at the exclusive expense of the customer.

 6. In the cases set out by the Consumer Code, the Customer may choose between either cancelling the purchase or a price reduction. These remedies in the case of delivery of a plurality of Products shall apply only to the non-conforming Product unless the customer cannot be reasonably expected to keep only the conforming Products.

 

12. Complaints - Communications - Information

For any information or complaint or for any communication regarding these general sales conditions, orders and/or Marella. products, the Customer may contact Customer Service through the "Contact" link in the Customer Service section at marella.com.

1. The Customer can contact Customer Service for free by mail, by filling in the form, or by calling the telephone number Monday to Friday.

Please note that when the Customer decides to use any other channel or form of communication (for example: ordinary mail, fax, calls to a paid telephone number related to Diffusione Tessile Srl, etc.) than those described above, Diffusion Tessile Srl will in no case be required to reimburse any costs incurred by the Customer for the use of these means of communication.

 

13. Personal data privacy and protection provisions

The collection and processing of data is carried out to manage and execute present and future purchase orders and in particular for the fulfilment of the obligations arising out of these General Sales Conditions.

A copy of the Privacy Policy can be found at www.marella.com.

 

14. Force Majeure

The performance of services by Diffusione Tessile may be suspended in the event of an act of God or force majeure that prevents or delays its execution. As such, they are considered events beyond the will of Diffusione Tessile, which the latter could not reasonably expect at the time of the signing of the sales contract; such as, but not limited to, war, riots, insurrections, strikes and supply issues at Diffusione Tessile due to third-party suppliers. Diffusione Tessile will inform the Customer of any acts of God or force majeure within seven (7) days of their occurrence. If the service suspension extends for a period longer than 15 days, the Customer will be able to cancel the order and refund the amounts already paid.

 

15. Applicable Law and Jurisdiction

These general sales conditions are governed by Italian law.

In the event of disputes regarding these general sales conditions, the Customer is informed of the possibility of using the ODR platform for resolving online consumer disputes pursuant to EU Regulations 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is active at the following website

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.

However, the Customer has the right to use the ordinary dispute resolution methods arising from the interpretation, validity and/or performance of these general conditions of sale, and, in this case, the inviolable territorial jurisdiction will be the Court in the location of the consumer's residence or domicile.

 

ANNEX 1

RESCISSION FORM

ATTENTION:

If the Customer fails to complete the rescission form on www.itmarella.com, the Customer will be able to send the rescission form to the following address:

To the attention of Customer Service - Rescission, Diffusione Tessile s.r.l., Customer Service, [………………, ] or by fax or email …………, tel …:

- I/we hereby (*) report (*) the termination of my/our (*) sales contract of the following goods …………………………

- ordered on …………….. (*) / received on ………………… (*)

- Name of the consumer(s) ....................

- Address of the consumer(s) ....................

Signature of the consumer(s) ....................

Date ……..

(*) delete the non applicable item