GENERAL CONDITIONS OF SALE

This document contains the conditions that regulate the purchase of the articles contained on the website www.sonnybono.com

Please carefully consult these Conditions as well as the Cookie Policy and the Personal Data Protection Policy (hereinafter jointly the "Data Protection Policies") before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these General Conditions of Sale and the Data Protection Policies, so if you do not agree with all the aforementioned Conditions and Data Protection Policies, please do not use this website.

MARALD reserves the right to modify these conditions at any time.

For any request, doubt or question relating to the Data Protection Conditions and Policies, you can contact us through [email protected]

The seller is the company Marald S.p.A., with headquarters in Bergamo at Via Monte di Grappa n. 7 VAT number 07347430634, (hereinafter "MARALD").

The sales process through the Site was carried out in full compliance with the legislation on distance selling, electronic commerce, and in particular in compliance with the Italian Consumer Code (Legislative Decree no. 206 of 6 September 2005) MARALD also complies with the obligations deriving from Legislative Decree 9 April 2003 n. 70 (Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce).

The following provisions establish the general conditions of sale (hereinafter for brevity the "General Conditions") which govern the contractual relationship between MARALD and the customer concerning the distance selling of the products offered through the Site.

 The information or personal data provided by you will be processed in accordance with the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and/or data personal data provided to us are accurate and truthful

By using this website and/or placing orders through it, you agree to:

▸ Use the website only to carry out legally valid consultations or orders;

▸ Do not place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities;

▸ Provide us with your email address, postal address and/or other contact information truthfully and correctly. Likewise, you consent to our use of this information to contact you (if necessary, please read the Personal Data Protection Policy).

▸ If you do not provide us with all the information we need, we will not be able to process your order.

▸ Any order manifestly not corresponding to a retail sale and, more generally, any fraudulent or presumed fraudulent order, will be considered by MARALD as null and void.

By placing an order through this website, you guarantee that you are of legal age and have the legal capacity to enter into binding contracts.

The information provided in these conditions and the details contained in this website constitute only an invitation to formulate a contractual proposal and do not represent an offer to the public. There will be no contract between you and MARALD regarding any products until your order is expressly accepted by MARALD. In the event that your offer is not accepted and your account has already been debited, the amount will be refunded in full. To place an order, you must follow the online purchase process and click on "Proceed with order". You will subsequently receive an email confirming receipt of your order. However, this does not imply acceptance of your order as it only represents an offer on your part to purchase one or more products.

1. Products
   The products covered by the contractual relationship governed by the General Conditions of Sale are all the items visible on the Site, in particular clothing and accessory products and gift cards (hereinafter the "Products"), present on the Site at the time of carrying out the purchase. order. Only Products available on the Site can be ordered. In the case of promotional offers with a specific duration, the Customer must pay attention to the time limits of their validity.
2. Rates
   The selling price of the Products offered on the Site, indicated in euros (unless otherwise specified), is that in force at the time the order is registered by the Customer. Prices include the VAT rate applicable on the day of the order and any type of change in this rate will automatically be applied to the price of the Products sold by MARALD on the Site.
   The price does not include shipping costs, which are added to the price of the Products purchased and vary depending on the amount of the order. The shipping costs will be indicated before the Customer registers the order and therefore before proceeding with the payment, for EU and Extra EU shipments Marald reserves the right where necessary to carry out a subsequent recalculation of the shipment.
   The sales prices of the Products may be modified by MARALD at any time, it being understood that the price applied to the contractual relationship with the Customer will be the one in force and published on the Site at the time the order is registered by the Customer.
   For any purchase intention that may involve a particular tax regime, prior authorization from MARALD is required before placing the order. Send the request via e-mail to [email protected] Customer Service will contact you to receive the necessary documentation. MARALD will verify the conditions for the application of the requested tax regime and will communicate suitability to the customer. Only following this confirmation will the customer be able to place the order and must communicate the placing of the same to Customer Service.
3. Product Characteristics
   The Products covered by the contractual relationship governed by these General Conditions are all the items visible on the Site at the time the Customer places the order; in accordance with articles 52 and 53 of the Consumer Code, the MARALD company provides consumers with information relating to the Products and makes consumers aware of all the main characteristics of the Products offered (sizes, colours, composition, description, etc.) and the price, including taxes and duties.
   Before ordering, the Customer can have access on the Site to the essential characteristics of the Product(s) he wishes to purchase. Furthermore, the characteristics of the Products will be visible through a photograph published on the Site which illustrates the offer as faithfully as possible. The photo is not part of the contractual relationship between the parties. The Customer acknowledges that the photograph of the Product on the Site has an indicative value. There may be some changes due to the processing of the photograph. The availability of the Products for sale on the Site is automatically updated, however since the Site can be visited simultaneously by multiple users, it is possible that simultaneous purchases result in a Product indicated as available being actually just out of stock. In such cases a communication will be sent to the Customer's email address, and the amount paid by the Customer (product price and related delivery costs if applicable) will be refunded. MARALD reserves the right to modify the assortment of Products according to the obligations deriving from relationships with its suppliers. For more detailed information you can send an email to [email protected]
4. Promotions
   The products on promotion will be recognizable by specific icons and easily reachable from the Home page. The duration of the promotion or offer will be specified from time to time via promotional emails (NewsLetter) or specific graphics on the HomePage

We reserve the right to remove any products from this website at any time, as well as to delete or edit any materials or content on the site. We always endeavor to follow up on all orders, however, in exceptional circumstances we may be forced to refuse to process orders after the Order Confirmation has been sent, and we reserve this right. We have no liability to you or any third party for your removal of any products from this website, your deletion or modification of any materials or content on your website, or your failure to process your order after your order has been submitted. Confirmation of the Order, as far as this is legally possible.

At no time during the purchase procedure is MARALD able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the website of the issuing company that manages the transaction.
No MARALD computer archive will retain such data.
MARALD cannot therefore be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on the site.

MARALD accepts the following forms of payment:

• Credit card
  The customer can pay for the order by credit card, a simple and secure means of online shopping. Credit card payments will be made via the Paypal or Nexi Pay website, to which you will be redirected once the order has been confirmed with the "Place Order" button on the check-out page.
  
  In the case of purchasing goods using a credit card payment method, upon conclusion of the online transaction, the relevant issuing company will authorize only the commitment of the amount relating to the purchase made. The amount relating to the goods ordered will actually be charged to the customer's credit card when the invoice is issued. In the event of cancellation or ineffectiveness of the order, MARALD will simultaneously request the cancellation of the authorization obtained and the release of the committed amount. The release times depend exclusively on the banking system and can reach their natural expiry.
• PayPal
  The payment method with electronic money via the PayPal ® service is subject to the limits indicated from time to time in the purchase procedure that the Customer must follow to forward the order. This payment system requires the Customer to open a PayPal® account and accept the rules of the relevant service. MARALD accepts payments only from customers registered on the Italian PayPal® website. The order amount will be debited from the customer's Paypal® account after confirmation of the order by MARALD. The delivery of the purchased product will be carried out after verification of the crediting of the purchase price in MARALD's PayPal® account. Any refunds to the Customer will be made by MARALD always to the PayPal® account in the manner provided by the PayPal® service. For each transaction carried out, a confirmation email will be sent by PayPal®.
  
  
• Nexi - Pay
  Nexi is an Italian company that offers payment services such as credit cards, debit cards and digital payments. The terms and conditions for using Nexi's payment services depend on the type of service you choose to use.
  
  
• Satispay
  Satispay is the free application for paying in affiliated physical and online stores. Don't worry about entering your card details. Select your purchase: you can simply confirm it via the app.
  
  
• Scalapay
  If you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their transferees, and that you authorize such transfer.

MARALD S.p.A accepts orders with delivery to be made throughout the Italian territory, the European Community and in non-European countries. For each order placed on the site, it will be the customer's responsibility to request the issuance of an invoice, if necessary. The information provided by the customer when placing the order will be used to issue the invoice. MARALD S.p.A will send the invoice via e-mail to the order holder, in accordance with article 14 of the Presidential Decree. 445/2000 and Legislative Decree 52/2004. Delivery costs are borne by the customer, as indicated in the acknowledgment of receipt of the order. Shipping costs for deliveries to foreign destinations will be recalculated based on the destination indicated and the volume of the package, and will be communicated to the customer via e-mail.

For the delivery of the goods, the presence of the customer or his representative at the recipient's address indicated in the order is required. Upon delivery of the goods, the customer is required to check that the number of packages delivered corresponds to what is indicated on the transport document, that the packaging is intact, not damaged, wet or otherwise altered, including the closing materials. . In case of damage to the packaging and/or the product or mismatch in the number of packages or indications, it is necessary to contest them immediately, placing a specific written control reservation on the courier's proof of delivery. Once the courier document has been signed, the customer will not be able to make any objections regarding the external characteristics of what was delivered.

As required by current legislation, the maximum deadline for reporting transport damage to MARALD is 8 days from the moment of receipt of the order. However, the delivery times indicated should be considered indicative and may vary. In case of absence of the customer at the time of delivery, a telephone notice will not be given, but a notice will be left to inform the recipient that a second delivery attempt will be made on the following working day. If the second delivery also fails, MARALD will attempt to contact the customer to define and possibly resolve the causes of the non-delivery. In the event of a negative outcome, the order will be considered canceled and the related amounts will be returned to the customer with the costs charged.

Delivery for the Italian territory takes place in 3-5 working days while for the European Community and EU/UK/CH countries in 5-7 working days.

Inoltre Marald utilizza il servizio FLASH per lei totalmente gratuito, con il quale viene offerta la possibilità di un ritiro in negozio nella stessa giornata in cui ha effettuato l'ordine, qualora i capi fossero presenti nello Store Sonny Bono da lei selezionato. Solo nel caso in cui i capi acquistati on-line fossero presenti nel negozio Sonny Bono selezionato, riceverà un contatto telefonico (al numero da lei indicato) o via mail, da parte del personale dello stesso negozio, per darle notizia del possibilità, a sua scelta, di presentarsi al negozio per il ritiro dei capi.

NB: the time intervals indicated above could be extended for Sicily, Sardinia and smaller islands.

You can always monitor the status of your order by logging into your account or via the tracking number received in the shipping email.

The times set out above are to be considered valid and effective from the date of delivery of the goods to the logistics partner, delivery which takes place within a maximum of 2 working days from the conclusion of the order. In the event of complaints and/or requests from the customer regarding shipping times and/or methods, MARALD undertakes to respond to the same within 3 working days of receipt.

If it is unable to deliver the ordered goods following its unavailability, even temporary, MARALD will promptly notify the Customer via email. Any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than thirty days from receipt of the purchase order.

Marald is not responsible for any delays attributable to the shipping company due to force majeure

In compliance with article 63 of the Consumer Code, paragraph I, as amended by Legislative Decree. 21/2014, in contracts which place the obligation on the professional to provide for the shipment of the goods, the risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods.

If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods, without having to provide any reason. However, this right of withdrawal does not apply to the purchase of gift cards (worth €25, €50, €100).

To exercise the right of withdrawal, it is necessary to inform us via an explicit declaration sent by e-mail addressed to [email protected]. To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

Once the communication containing the declaration of withdrawal has been received, MARALD Customer Service will communicate to the Customer via e-mail the address to which the goods to be returned will be shipped and the return authorization number, to be indicated on the specific return form, which must be attached to the product at the time of shipment. The customer will have to return the goods at their own cost or via courier appointed by Marald for a cost of €7.

If you withdraw from the Contract, you will be refunded all payments you have made to us, excluding delivery costs, without undue delay and in any case no later than 14 days from receipt of your package. These refunds will be made using the same payment method you used for the initial transaction. However, you will have to bear the shipping cost for returning the goods. MARALD reserves the right to evaluate the condition of the item before proceeding with the refund of the amount paid.

Please return the goods to the address (Marald S.P.A - Interporto Campano C A/9, A/10, A/11, 80035 Nola NA) without undue delay and, in any case, within 14 days from the day on which your return has been authorized by an operator. The deadline is met if you send back the goods before the 14 day period has expired.

The purchased product must be returned intact and in the original packaging, complete in all its parts. Otherwise, MARALD reserves the right not to accept the returned goods and to send them back to the Customer at the latter's expense. In all cases, affixing labels or adhesive tapes directly to the original packaging of the product should be avoided. In the event of damage to the goods during transport, MARALD will notify the Customer of the incident (within five working days of receipt of the product in its warehouses), to allow the Customer to promptly raise a complaint against the courier chosen by him and obtain the reimbursement of the value of the product (if insured by the Customer).
MARALD is not responsible for damage, theft or loss of products returned by uninsured shipments at the Customer's expense.

In order to withdraw and consequently make the return, the Customer is required to respect specific conditions:

The items to be returned must not have been worn, ironed, washed or treated in any way.
The items must necessarily be returned in the same conditions in which they were shipped to the Customer and must

Pursuant to art. 128 et seq. of the Consumer Code, Products that present defects of conformity at the time of delivery, which appear within 2 years of delivery and which are reported to MARALD within 2 months of their discovery, can be returned and request their repair or replacement (except if repair is not possible or too expensive) or secondarily (if replacement is impossible or too expensive) the reduction of the price paid or the termination of the purchase contract, all without additional costs. To benefit from warranty assistance, the Customer must keep the invoice or payment receipt that he will receive via e-mail in electronic PDF format.

The Customer can report the existence of defects of conformity, within the aforementioned mandatory deadline, via e-mail to [email protected]

Defective Products must be sent to the following address Marald spa, Interporto di Nola Lotto C A9-A11, 80035, Nola (NA)

In the event of termination of the contract, the Customer will be refunded the total amount paid for the purchase of the Products including delivery costs.

MARALD retains ownership of the Products until delivery and collection of the full price, including expenses and taxes.

All elements of the Site whether or not subject to registration of an intellectual property right (photos, product sheets, descriptions, layouts) are the exclusive property of MARALD and cannot be used. All designs, models, trademarks, texts, visual or audio, comments, works, illustrations, images reproduced on the Site www.sonnybono.com are protected by copyright, trademark rights and image rights and by any other applicable intellectual property law.

Such items are the property of MARALD or its partners. Any type of reproduction or representation not authorized by MARALD will result in the civil and criminal liability of its author. The user who has an Internet site, a blog and who wishes to publish a link that takes you directly to the home page of the Site www.sonnybono.com, must first request authorization from MARALD.
Links that refer to the Site and that use "framing" or "in-line linking" techniques are formally prohibited. In any case, any link, even if tolerated, must be withdrawn upon simple request from the MARALD company.

In the event that a problem arises with a product that the Customer has purchased on the Site www.sonnybono.com, the Customer can contact our customer service directly at the following email address [email protected]

In the event of a dispute arising from the contractual relationship with MARALD, the parties undertake to seek an amicable solution before taking any legal action.

All disputes relating to consumer purchases through the Site will be referred to the jurisdiction of the court in which they are domiciled. The applicable law is Italian law.

According to article 49 paragraph 1 letter v) of Legislative Decree 6 September 2005 n. 206 (Consumer Code) we inform you of the possibility of making use of the Joint Conciliation Procedure. After 45 days from the complaint submitted to the company without receiving a response, you can activate the aforementioned Procedure. If you decide to make use of the Joint Conciliation Procedure you will have to send the request to the address: [email protected] or to the fax number 02/87181126. For further information, please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/LaConciliazione-Paritetica.kl

In compliance with European Regulation no. 524/2013 we also inform you that the European Commission offers Consumers and professionals within the EU the possibility of reaching an out-of-court solution for complaints related to online purchases using the out-of-court online dispute resolution platform (the "ODR platform") : http://ec.europa.eu/odr.

• Disclaimer of Warranty
  

  The Owner provides this Application “as is” and according to availability. Use of the Service is at the User's own risk. To the maximum limits permitted by law, the Owner expressly excludes conditions, agreements and guarantees of any kind - be they express, implicit, statutory or otherwise, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create any guarantees not expressly provided for in this document

  Without prejudice to the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from doing so. or your use of the Service.
  The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.
  The Service may become inaccessible or may not function properly with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
  Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.

• Limitation of Liability
  To the maximum extent permitted by applicable law, under no circumstances will the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for
  any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or information contained therein;
  any errors, omissions or inaccuracies in the contents;
  personal injury or property damage, of any nature, resulting from your access to or use of the Service;
  any unauthorized access to the Owner's security servers and/or to any personal information stored therein any interruption or cessation of transmissions to or from the Service;
  any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
  any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or the defamatory, offensive or illegal conduct of any User or third party. Under no circumstances will the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
  This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability set out in these Terms do not apply to the extent permitted by applicable law.
  
  
• Indemnity
  LThe User undertakes to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expenses, including, without limitation, legal fees and expenses arising from
  your use of or access to the Service, including any data or content transmitted or received by you;
  your breach of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
  your violation of any third party rights, including, but not limited to, any privacy or intellectual property rights;
  your violation of any applicable laws, rules or regulations any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including if you access is carried out by third parties with the User's personal username and password or other security measures, if any;
  the malicious conduct of the User; or your violation of any legal provisions by you or your affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

Privacy - Treatment related to sales activities
Privacy information pursuant to art. 13 of Legislative Decree no. 196/2003 and art. 13 of EU Reg. n. 2016/679

Responsibility of auxiliary third parties
MARALD  S.p.A is not responsible for the actions of third parties who, as independent auxiliaries, intervene in the management or execution of payment operations, delivery of goods and in any other operation connected to the execution of contracts concluded through the Site.

ultimo aggiornamento 07/03/2023