Terms and Conditions of Sale

Art. 1 Subject of the Contract

Maglital S.r.l., headquartered at S.S. Flaminia Km. 145, 06034 Trevi (PG), tax code and VAT number 00222010548, email: info@Maglital.it - Tel. +39 0742 38521 - Fax +39 0742 38521, sells and the Buyer purchases, through a distance sales contract via the internet, the Products selected and ordered by the Buyer from those listed in the electronic catalog and available at the time of the order.

The service is available for purchases to be delivered worldwide; these sales terms apply exclusively to sales made within the Italian "territory"; for foreign sales, please refer to the general terms of sale for foreign markets on the website.

Once the order is placed, the company Maglital S.r.l. will confirm the registration of the purchase order submitted by the Buyer through a message sent to the email address provided by the Buyer and/or with a web screen.

The contract is deemed concluded and binding for both parties at the moment the order confirmation is sent to the Buyer. The fulfillment of the order by Maglital S.r.l. constitutes confirmation and acceptance of the order. Failure to pay for the goods within 8 days of the order will result in its cancellation, unless payment is made on delivery.

Maglital S.r.l. reserves the right not to accept incomplete and/or improperly filled purchase orders.

Maglital S.r.l. accepts purchase orders for products within the limits of available stock. Therefore, the acceptance of the purchase proposal is subject to the availability of the products in stock. Maglital S.r.l. commits to promptly inform the Buyer of any unforeseen stock shortages due to excessive demand or other causes.

The Buyer may place orders for both normal/standard products and personalized/special products.

Normal/standard products are understood to be those listed in the colors and models in the online Product catalog.

Personalized/special products are understood to be those that have differences and/or variations explicitly requested by the user, including but not limited to engravings on silver plaques or custom packaging.

Art. 2 Buyer's Obligations

The Buyer undertakes, once the online purchase procedure is completed, to print and/or retain these general conditions, which they will have already reviewed and accepted as a mandatory step in the purchase process, as well as to print the product specifications of the purchased item, in order to fully satisfy the conditions set forth in Articles 52 and 53 of Legislative Decree 206/05.

The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data during the registration process required to activate the sale agreement and the related communications; personal data and the email address must be real and belong to the person placing the order, not third parties.

The Buyer must be of legal age; orders from minors will not be processed.

Art. 3 Privacy
Pursuant to Article 13 of Legislative Decree 196/03 "Personal Data Protection Code," Maglital S.r.l., headquartered at S.S. Flaminia Km. 145, 06034 Trevi (PG), informs that the personal data provided will be processed as described below:

Purposes and methods of data processing

The data is processed in relation to contractual requirements and to fulfill legal and contractual obligations arising from them, as well as to ensure effective management of commercial relations (establishment of commercial relationships, promotion, marketing, sales statistics, compliance with administrative and accounting obligations such as contract and commercial transaction management, commercial invoicing, credit recovery, and historical archiving). The data will be collected, stored, and processed on paper, electronically, or through telecommunications, in a way that guarantees the security and confidentiality of the data. Data will be processed for the entire duration of the contractual relationship and also subsequently to comply with all legal obligations and for future commercial purposes.

Mandatory or optional nature of data provision and consequences of refusal

The provision of data is mandatory for everything required by legal and contractual obligations, and therefore, refusal to provide it or subsequent processing may make it impossible for us to fulfill the contractual relationship. However, the failure to provide data that is not related to legal or contractual obligations will be evaluated on a case-by-case basis, and decisions will be made based on the importance of the data requested for managing the commercial relationship.

Entities who may become aware of the data

Subject to any disclosures required by law, the data may be communicated in Italy to:
- third parties providing services for Maglital S.r.l. (e.g., transport companies, professionals, and consultants)
- banks and credit institutions, non-bank financial intermediaries, and insurance companies
- business and enterprise associations
- group companies

Rights under Article 7

Regarding your data, you may exercise the rights provided for in Article 7 of Legislative Decree 196/2003 within the limits and under the conditions set forth in Articles 8, 9, and 10 of the aforementioned Legislative Decree. Under Article 7, the data subject has the right to obtain confirmation of the existence of personal data concerning them, even if not yet registered, and to have such data communicated in an intelligible form. They may also obtain the source of the personal data, the purposes and methods of processing; the logic applied in case of processing carried out with the aid of electronic instruments; the identification details of the data controller, the data processors, and the designated representative; the entities or categories of entities to whom the personal data may be communicated or who may learn of it as designated representatives in the State, data processors, or persons in charge. The data subject also has the right to obtain: the updating, rectification, or, when interested, integration of the data; the deletion, anonymization, or blocking of data processed unlawfully, including data that is not required to be retained for the purposes for which it was collected or subsequently processed; the certification that the operations mentioned above have been made known, also with regard to their content, to those to whom the data have been communicated or disseminated, except where this proves impossible or involves a disproportionate effort compared to the protected right. The data subject has the right to object, in whole or in part: for legitimate reasons to the processing of personal data concerning them, even if relevant to the purpose of collection; to the processing of personal data concerning them for the purpose of sending advertising materials or direct selling or for the performance of market research or commercial communication.

Data Controller and Data Processor

The Data Controller is Maglital S.r.l., headquartered at S.S. Flaminia Km. 145, 06034 Trevi (PG). The Data Processor is Maglital S.r.l.

Consent of the data subject

Having acknowledged the information provided under Article 13 of Legislative Decree 196/03, the Buyer will express or withhold consent to the processing and communication of their data, classified as personal by the aforementioned law, within the limits, for the purposes, and for the duration specified in the information notice, being aware that refusal, even for just one of the purposes indicated, will compel Maglital S.r.l. not to provide services, supplies, or benefits.

Art. 4 Delivery Times and Methods

Maglital S.r.l. undertakes to deliver the selected and ordered products to the Buyer at the location indicated by the Buyer via courier.

Shipment will take place within 10 (ten) working days from the date of payment of the purchase order. If payment is not made, the order will not be processed. The delivery date may vary depending on the destination of the goods.

The delivery of products occurs within 4-5 working days in Italy (except for islands where delivery takes place in 5-6 working days), depending on the delivery area and the time the order and payment are received. Delivery times for products abroad vary depending on the location and can take 6 to 7 working days. The recipient of the goods must be available at the provided address, as the courier will make 2 delivery attempts; if the goods are not collected, additional costs will be charged to the Buyer.

Art. 5 Shipment Disputes

In the event that the Buyer finds any damage to the packaging and/or product or a discrepancy in the number of packages, they must immediately file a complaint by placing a written reservation of inspection on the courier's delivery receipt. Once the courier's document is signed, the Buyer cannot dispute the external characteristics of the delivered goods. Any issues regarding the physical integrity, correspondence, or completeness of the products received must be reported within 10 (ten) days of delivery via registered mail, including the order number, fiscal documentation, and bank details, to Maglital S.r.l., located at S.S. Flaminia Km. 145, 06034 Trevi (PG).

If the complaint is not made or is delayed, the Buyer will not be entitled to return the received products. The Buyer must return the defective or damaged products to the headquarters of Maglital S.r.l., at S.S. Flaminia Km. 145, 06034 Trevi (PG), within 10 days, including the original shipping packaging, with prior written authorization from Maglital S.r.l.. The postal costs for returning the products to Maglital S.r.l. will be reimbursed to the Buyer via bank transfer. Maglital S.r.l. will replace the defective products returned by the Buyer. In the event that Maglital S.r.l. is unable to replace the product for any reason, it may, at its discretion, refund the full amount paid or replace it with a product of equal or superior characteristics.

Art. 6 Warranty and Defect Reporting

The products sold are covered by the manufacturer's conventional warranty and, for final consumers only, by a 24-month legal warranty for defects in conformity, in accordance with Articles 128 et seq. of Legislative Decree no. 206/2005.

This warranty is reserved for the Consumer, an individual acting for purposes unrelated to any entrepreneurial or professional activity. In the event of a defect in conformity, Maglital S.r.l. will restore the product's conformity by repairing/replacing it or reducing the price, up to the termination of the contract. In the event that Maglital S.r.l. is unable to return a product under warranty (repaired or replaced) to its customer for any reason, it may, at its discretion, refund the full amount paid or replace it with a product of equal or superior characteristics. In cases where the application of warranties requires the return of the product, the item must be returned by the Buyer in its original packaging, complete in all its parts.

The final consumer Buyer loses the rights provided for in Article 130, paragraph 2 of Legislative Decree 206/2005 if they do not report the defect of conformity to Maglital S.r.l. within two months of discovering the defect.

The warranty is void if the product has been tampered with by unauthorized personnel, or if the defects are caused by negligence or improper use by the Buyer, intentional damage, transportation, impacts, falls, humidity, or other causes not related to manufacturing or production defects.

Art. 7 Right of Withdrawal

The final consumer Buyer, an individual acting for purposes unrelated to any entrepreneurial or professional activity, has the right to withdraw from this contract without penalty and without obligation to provide a reason, under penalty of forfeiture, within 14 working days from the date of receipt of the products, in accordance with Article 55 of Legislative Decree 206/2005.

The right of withdrawal must be exercised by the Buyer by filling out the available form or by sending a written communication to Maglital S.r.l., S.S. Flaminia Km. 145, 06034 Trevi (PG), as specified in Article 7.3.

The communication must include the order number, the intention to withdraw from the purchase, and the Product or Products for which the right of withdrawal is being exercised; the Buyer must also attach a copy of an identity document, a copy of the purchase's fiscal documentation, and provide both a phone number for contact and the bank account details for receiving the refund. For this purpose, any other explicit declaration of the decision to withdraw from the contract may also be submitted.

The communication must be sent within the term specified in the previous Article 7.1, by registered letter with acknowledgment of receipt, sent to Maglital S.r.l., S.S. Flaminia Km.145 Trevi (PG), or by email to contatti@crucianic.com; fax +39 0742.679242.

Once the withdrawal communication is received by registered letter with acknowledgment of receipt, Maglital S.r.l. will inform the Buyer by phone of the address to which the products to be returned must be sent and will authorize the return of the products. The Buyer must send the product carefully packed in its original packaging, complete with everything originally contained, to the communicated address; the direct costs of returning the goods subject to withdrawal will be borne by the Buyer. The shipment will be at the Buyer's expense and must be made within ten working days from the communication by Maglital S.r.l.. Shipping costs vary depending on the place of origin. In Italy, the shipping costs with GLS EXECUTIVE for returning the goods to Maglital S.r.l. vary from zone to zone and can reach a maximum (for shipments up to 0.5 kg) of 20 euros (Poste Italiane, Pacco Celere1: 0-3 kg = 11.90 euros; 3-10 kg = 15.90 euros; 10-20 kg = 17.90 euros; 20-30 kg = 19.90 euros). For foreign shipments, the costs vary from country to country. The shipment, until receipt by Maglital S.r.l., is under the responsibility and risk of the Buyer. Upon receipt of the products, Maglital S.r.l. will verify their integrity and refund the Buyer the amount of the purchased product, excluding shipping costs.

The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.

If the right of withdrawal is exercised by the Buyer in accordance with the provisions of this article, Maglital S.r.l. will refund the amounts paid by the Buyer within 14 days from the date of receipt of the withdrawal communication. Maglital S.r.l. may withhold the refund until it receives the goods or until the Buyer provides proof of having returned the goods, pursuant to Article 56, paragraph 3 of Legislative Decree 206/2005.

The final consumer Buyer cannot exercise the right to withdraw from this contract, pursuant to Article 59, letter c) of Legislative Decree 206/2005, in the case of the purchase of personalized/special products, as per Article 1, paragraph 8 of this contract.

Art. 8 Prices

The Buyer will pay Maglital S.r.l. for the purchased products the price indicated in the online catalog at the time the Buyer placed the order; this price will be expressed in Euro and will include the applicable Italian VAT at the time of purchase.

The shipping costs of the products, if borne by the Buyer, will be applied according to the prices indicated in the relevant section published on the website www.crucianic.com, which the Buyer reviews before placing the order.

The prices of the Products may be updated and, therefore, subject to daily changes.

Art. 9 Contribution to Shipping Costs
The Buyer will pay Maglital S.r.l., as a contribution to shipping costs, a fixed amount of Euro 5.00 (five/00) for deliveries within the Italian territory; for foreign deliveries, please refer to the relevant section.
The final consumer Buyer may take advantage of the notification service, via SMS, when the shipment departs, at a cost of 0.50 cents.

Art. 10 Promotions and Gifts
Any promotions offered by Maglital S.r.l. are valid until the Products are out of stock and within the purchase limits indicated on the website. Products on promotion may be delivered in promotional packaging, different from those published on the website. The offer of any free gift products is valid while stocks last. No replacement or return is possible for any Products received as a gift by the Buyer.

Art. 11 Liability

In case of failure to deliver the products by Maglital S.r.l., the Buyer is entitled exclusively to a full refund of the amounts paid.

Maglital S.r.l. assumes no responsibility for service disruptions due to force majeure of any nature or kind, in cases where it cannot execute the contract within the agreed time.

Examples of force majeure include, but are not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events, as well as actions by public authorities, strikes by its employees or those of the carriers used by Maglital S.r.l., and any other circumstance beyond its control.

Notwithstanding the provisions of Article 8 of EU Directive 97/7 and Article 56 of Legislative Decree 206/2005, Maglital S.r.l. assumes no responsibility for any fraudulent use by third parties of the credit card data provided by the Buyer.

Art. 12 Payment Methods and Invoicing

The Buyer will pay for the ordered Products using the following methods: credit card – PayPal or cash on delivery. Payment by cash on delivery is available only for the Italian territory; for this payment method, an additional fee of Euro 5.00 (five/00) is required.

The credit cards accepted by Maglital S.r.l. are: VISA, MASTERCARD, Carta Si, Maestro, and Visa Electron.

As for the payment method by credit card, by filling out the appropriate section on the website www.crucianic.com, the Buyer authorizes Maglital S.r.l. to use their credit card and to charge it for the amount of the incurred expenses. The payment will include the shipping cost contribution, if applicable, borne by the Buyer, according to the offer terms published on the website www.crucianic.com.

Maglital S.r.l. will send the invoice and/or fiscal receipt together with the goods, by mail to the address indicated in the order by the Buyer.

For the issuance of the fiscal document, the details provided by the Buyer at the time of the order will be used. No changes will be possible after the issuance of the fiscal document. The Buyer undertakes to carefully verify the data entered at the time of the order, as this will be used for accounting purposes.

Art. 13 Termination of the Contract and Express Termination Clause
The obligations assumed by the customer in Art. 2 above (Buyer’s Obligations), as well as the guarantee of the successful payment to be made by the customer, are of an essential nature. Therefore, by express agreement, the failure by the Buyer to comply with even one of these obligations will result in the automatic termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for judicial intervention, without prejudice to the right of Maglital S.r.l. to take legal action for compensation for further damages.

Art. 14 Security

Maglital S.r.l. undertakes to use secure methods for transmitting data and documents, utilizing electronic recognition of the User’s terminal and encrypting the data in transit through a protected line with a 128-bit encryption system.

Security systems adopted for credit card transactions: SSL (Secure Socket Layer) protocol.

Art. 15 Modifications
1. Maglital S.r.l. reserves the right to modify these General Conditions at any time, publishing the updated version on the website www.crucianic.com.
2. Any new clauses will be effective for purchases made after the modification.

Art. 16 Applicable Law
This contract is governed by Italian law. These general conditions refer, for matters not expressly provided for, to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05.

Art. 17 Jurisdiction

Any disputes related to the application, execution, or interpretation of this contract, entered into online through the website www.crucianic.com, are subject to Italian jurisdiction.

For disputes arising between the Parties in relation to this contract, the competent court is that of the place of residence or domicile of the Buyer, if located within the Italian territory. If the Buyer’s residence or domicile is not located within the Italian territory, the competent court will be that of Perugia, Italy.