MADAMAMA SRL Terms and Conditions

Fibrae General conditions of Sale

Last modified 14 June 2019

1. Definitions and general terms
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, will have the meaning indicated below:

Owner: MadamaMa Srl , with registered office at Via Pier Lombardo 23, 20135, Milan, VAT Number / Tax Code 10793860965, MI - 2557772, fully paid-up share capital of € 10,000.00

Application or Site: the website

Products: the goods and / or services provided through the Application.

User: any person who accesses and uses the Application.

Consumer or Consumer User: the natural person of age who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity.

Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his business, commercial, craft or professional activity.

Conditions or General Conditions or Conditions of Sale: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

The distance selling service governed by the General Conditions is reserved exclusively for Consumer Users. The language used for the conclusion of sales contracts through this site is Italian.
Users are required to carefully read the Terms of Use , available on the Site, in order to become aware of them, to memorize them and reproduce them.

Before confirming and sending the purchase order, the Consumer must carefully read these Conditions of Sale, which may be updated from time to time, which may also be viewed and downloaded from the Website. The Conditions of Sale and the Privacy Policy constitute the rules governing the contract between the Consumer and the Owner concluded at a distance through the use of the Site.

The holder may periodically change, if he deems it appropriate, the Conditions of Sale and / or the Terms of Use. In this case, the owner will publish the updated version of the Terms of Sale and / or the Terms of Use on the Website, replacing the date of Last Modification with the date of the update. Users are invited to consult the Terms of Use and Sale regularly. The use of the Site and Services after the date on which these changes were made implies acceptance by the User of the updated version of the Terms of Use. If the User does not accept these changes, he is requested not to use the Site.

2. Product information
The Application provides Users with garments produced in Italy and packaged with fabrics with environmental sustainability characteristics and coming from a controlled supply chain.

3. Scope of the Conditions
The Conditions can be changed at any time. The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.

The Owner reserves the right to change the graphic interface of the Application, the Contents and their organization at its own discretion at any time, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User , where necessary, the relative instructions.

4. Purchase or supply request through the Application
All products offered through the application are described in the relevant product pages. Some errors, inaccuracies or small differences between what is published on the application and the actual product may emerge. Furthermore, any photographs of the Products are only representative and do not constitute a contractual element.

Purchases and / or requests for the supply of one or more products through the application are only permitted to Consumer Users.
Purchases and / or supply requests are permitted to natural persons only if they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be examined and authorized by the parents or by the operators with parental responsibility.

The offer of products through the application is an invitation to offer and the order sent by the User will be considered as a purchase contract proposal and / or a supply request, subject to confirmation and / or acceptance by the Owner as described in following. Therefore, the Data Controller will have, in its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything titolo to any title and / or reason.

The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the contractual proposal of the User. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated, or by displaying an order confirmation web page. In the latter will be reported the date of the order, the data of the User, the characteristics and availability of the Product, the price or method of calculation of the price, any additional charges and accessory taxes, the delivery address, the times and possible delivery costs, the procedures for exercising the right of withdrawal or its possible exclusion, the guarantee. The contract of sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point. In the event that the Product is not available, the Owner will make known to the User the new terms of delivery or supply, asking if he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data reported in the order confirmation and to communicate immediately to the Owner any errors and will keep a copy of his order, of the relative confirmation and of the Conditions.

5. Prices and payments
For each Product the price is indicated, including VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the methods for calculating the price are indicated. Furthermore, all possible taxes, additional costs and delivery costs, which may vary depending on the destination, the chosen delivery method and / or the payment method used will be indicated. If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect the contracts already concluded before the change.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all the necessary data that may have been requested.

The Application uses third-party tools for processing payments and does not enter in any way into contact with the payment data provided (number of credit cards, name of the holder, password, etc.).
If these third party tools deny authorization for payment, the Data Controller cannot provide the Products and cannot be considered in any way responsible.

6. Method of delivery of material Products
The material products and / or digital goods supplied on a material support will be delivered to the address indicated by the User, in the manner and at the time chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge.

In the event that it is not possible to provide the Products requested, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.

If the User does not intend to accept the new term or the delivery has become impossible, he can request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the request for reimbursement.

Upon receipt of the Product, the User is obliged to verify its conformity with the order placed as well as the integrity of the packaging. In case of obvious damage to the packaging and / or the Product, the User can refuse delivery of the Product and may return it without any charge to him. Once the delivery document has been signed, the User will not be able to oppose any dispute about the external characteristics of the Products delivered.

The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of the failure to execute the contract due to force majeure.

7. Right of withdrawal of Consumer Users from the purchase of Material Products
Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his representative on receiving the Products) materially enters into possession of the Products themselves or, in the case of distributed delivery, from the day on which the Customer physically takes possession of the last Product.

To exercise the right of withdrawal, the Customer must send by e-mail or traditional mail, (within the deadline previously provided):

the withdrawal form , duly completed and signed; or
a communication that highlights the Customer's intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information:
Name and surname of the applicant;
Indication of the Products for which the Customer wishes to exercise the right of withdrawal;
Order number
E-mail associated with the account from which the order was placed
In the event that the Customer has purchased the Products by paying by bank transfer, the IBAN of the Customer on which the refund must be made.
The communication must be sent to the following address: within 14 (fourteen) days from the notice of withdrawal (transmitted in accordance with the previous article 10.2) the Customer must return the purchased Products to the Owner by sending them to the address indicated on the product shipping documents. Unless otherwise indicated on the Site, the costs for returning the Products to the Owner are charged to the Customer. Products must be returned intact, unused, undamaged and with labels still attached. In case of depreciation of the Products, due to a manipulation of the same that is not strictly necessary to verify the nature and characteristics, the Owner reserves the right to refuse the refund of the Products.

The Customer is solely responsible for any decrease in the value of the Product resulting from the handling of the Product other than that necessary to ascertain its nature, characteristics and functioning.

The Data Controller will fully reimburse the amounts paid by the Customer, excluding delivery costs, within 14 (fourteen) days from the date on which the Owner has received the Products returned by the Customer or from the moment in which the Customer provides proof of having returned the Products, depending on which situation occurs first. This reimbursement will be made by the Data Controller with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and provided that the Customer does not have to incur additional expenses for this reimbursement.

8. Defects of conformity
Without prejudice to the provisions in force, if the Products purchased are covered by warranty, the Owner is required to replace the faulty Goods at the first request and at his own expense and to carry out any modifications and adjustments, always at his own expense that should be necessary to ensure that the Goods meet the contractual conditions of the Order. The Owner will bear all the consequences deriving from failure or incomplete execution, even partial, of all the obligations incumbent on it, as well as repair and replacement costs, as well as those of transport and travel resulting therefrom.

The replaced or repaired Goods will be subject to a new guarantee in all equal to the first one. Without prejudice to the exclusive responsibility of the Supplier, the Purchaser is allowed to carry out all checks, made directly and by any direct or indirect means as well as at any time and place regarding the supply of the Goods. The Supplier undertakes to provide the Buyer with all necessary assistance for the execution of the aforementioned checks. In the event that during the aforementioned checks, the Purchaser should make legitimate objections to the obligations due by the Supplier, the latter will at its own care and expense eliminate, in an agreed time, the complaints complained of. If not, the Purchaser may terminate the Contract pursuant to art. 1456 cc.

If the Products sold by the Owner were to present production defects or any alleged lack of conformity, the Customer will be required to contact the assistance online, by e-mail or by post, to the addresses indicated below:

9. Guarantee of authenticity and intellectual property rights
The Owner guarantees the authenticity of all the Products purchased on the Site. Fibrae branded Products are made with Italian materials, are packaged by Italian artisans and are all strictly and entirely produced in Italy.

10. Applicable law and competent court
The present General Conditions and, consequently, the contracts concluded with the Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree No. 70 of April 9, 2003, E-commerce Decree ) and must be interpreted based on now.

Disputes arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the jurisdiction of the court of the Customer's place of residence or domicile.

Alternatively, the Customer can choose to access the platform for the extra-judicial resolution of disputes provided by the European Commission, present on the site .

11. Contacts
For further information and assistance on the Website or online purchase methods, the Customer can contact the Owner at the following addresses:

MadamaMa Srl
Registered office: in Via Pier Lombardo 23, 20135, Milan
email address: info @