Terms of use
TERMS AND CONDITIONS OF SALE THESE
TERMS AND CONDITIONS WERE LAST UPDATED
ON 1 FEBRUARY 2013.
IMPORTANT: Read these Terms and Conditions carefully as they form a legally binding contract between the customer and Alessanderx Spa, Subject to the Management and Coordination of DanFoam APS, Fiscal Code 01246380461 and P.IVA 01729090975, REA PO/465133 - Aut.Comm.Elettr . Prato 16/07/2009 Prot. 2009/0091826, Share Capital €375,000 (iv), with registered office in Prato, Via S.Leonardo da Porto Maurizio, 24/26/28. Anyone who does not accept these Terms and Conditions is requested not to access the Website and not to use it and not to place orders through the Website.
1. Introduction
1.1. These Terms and Conditions apply to all orders placed through the magniflex.com Website. By clicking on the 'CONTINUE' button on the Website to accept these Terms and Conditions and our Privacy Policy and by placing an order through our Website, the customer/user agrees to be bound by these Terms and Conditions and the related Privacy Policy. privacy and to stipulate a contract with Alessanderx Spa, a company registered in the business register of Prato (Italy), with REA registration number PO/465133 and registered office in Prato, S.Leonardo da Porto Maurizio, 24/26/28
1.2. These Terms and Conditions and/or the Privacy Policy may be updated or modified at any time, in which case the updated/modified version will be published on the Website. All amendments will not affect any orders already placed through the Website and, in all other circumstances, will take effect upon their publication. We recommend that you visit the Website regularly to view the most up-to-date Terms and Conditions and/or Privacy Policy
1.3. For the purposes of these Terms and Conditions
'Website' means the website currently available at www.magniflex.com and/or any other domain name that may subsequently replace it
'we', 'us' and the like indicate Alessanderx Spa and 'our' with all its variations will be interpreted accordingly.
'consumer' means any individual customer, adult or in any case capable of acting in accordance with the law, who places an order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out subject to the legislation referred to in Legislative Decree no. 206/2005, while 'professional' shall mean any customer, natural person (of age or in any case capable of acting in accordance with the law) or legal person, who places a purchase order in the exercise of his business, commercial, craft or professional activity .
1.4. In the event of a conflict between these Terms and Conditions and the Privacy Policy or any other policies, guidelines, regulations and/or other terms and conditions, these Terms and Conditions will prevail to the extent of such conflict.
1.5. Once the online purchase procedure has been completed, the customer will be invited to read and accept these Terms and Conditions, as well as to print or save an electronic copy and in any case keep these Terms and Conditions and, if the customer is a consumer, also in compliance with the provisions of articles 52 and 53 of Legislative Decree no. 206/2005 ('Consumer Code').
2. License
2.1. Provided you fully comply with these Terms and Conditions, we and/or our licensors grant you access and the ability to view the content and information provided or made available on or through the Website, including, without limitation , texts, images and videos (the 'Content'), exclusively for personal and non-commercial use, unless agreed in writing between us and the customer / user.
2.2. It is forbidden for the customer / user, without our prior and express written permission, to print, download, copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, manipulate, create works derived from or counterfeit, by any means and in any way, any portion of the Content or treat the Content in a manner not expressly permitted by these Terms and Conditions.
2.3. All intellectual property rights and other rights in the Content are owned exclusively by us or our licensors. The customer / user agrees and acknowledges that he will not acquire any ownership rights in the Content and that the modification of any portion of the Content or its use for purposes not expressly permitted by these Terms and Conditions could result in a violation of copyrights and / or owned by us or by others.
2.4. All rights not expressly granted in these Terms and Conditions are reserved.
2.5. We do not accept or consider creative materials, ideas or suggestions other than those specifically requested by us. This is to avoid misunderstandings where the proponent's ideas are similar to those we developed independently. If you send any communications or materials by email or otherwise, you by implication grant us and our affiliates a perpetual, worldwide, royalty-free, irrevocable license to use such communications or materials in any way we see fit. , including the granting of sub-licenses to third parties. The customer/user agrees that we and our affiliates are free to use ideas, concepts,
3. Access to the service
3.1. Our Website is normally available 24 hours a day. Despite our best efforts, access to the Website may be suspended temporarily and without notice for any reason at our discretion, including, without limitation, in the event of a system failure , maintenance or repairs or for reasons beyond our control. We will not be liable to you or any third party if, for any reason, the Website is unavailable at any given time or for any given period.
3.2. We reserve the right to modify or withdraw the Website (or any part thereof) with or without notice, temporarily or permanently, and accept no liability to the customer/user or any third party for such modification or withdrawal.
4. Use of the Website
4.1. The customer / user agrees not to use the Website for the publication or transmission of materials of any kind that are unlawful, harmful, threatening, offensive, harassing, defamatory, vulgar, obscene, in violation of our rights and / or third parties and /or objectionable racially, ethnically, or otherwise.
4.2. The customer/user agrees not to:
4.2.1. upload or attempt to upload to the Website or otherwise transmit to us files that contain viruses, 'Trojan horses', worms, cancelbots, corrupted files, other similarly destructive programs or otherwise in any way damage, disable or impair the operation of the Website or our activities or try to do the above; that is to say
4.2.2. obtain or attempt to obtain unauthorized access to the Website, related networks or the Content, by any means, including by using piracy, forgery or by trying to circumvent or exceed firewalls or other technological features or protections or security measures.
4.3. We will fully cooperate with law enforcement agencies and comply with any court order requesting or urging us to disclose who we are or identify anyone suspected of committing a crime in connection with your use of the Website.
5. Customer data
Without prejudice to what is also indicated in the Privacy Policy, the customer is responsible for the accuracy and completeness of the personal data he provides when creating the account, referred to in article 6 below, or subsequently and guarantees that such data is accurate and complete under every point of view. Furthermore, he accepts and undertakes to notify us of any changes to such data, which can be accessed and updated through the registered account. It is understood that any damage/delay/inconvenience referable and/or attributable to the incorrectness and/or untruthfulness of the data personal data entered at the time of creation of the
6. Account e password
6.1. Access to certain features of the Website and/or the possibility of placing an order are linked to the registration and creation of an account by the customer. To this end, it is necessary to proceed with the creation of a password, the communication of personal data such as the name and e-mail address and other information (such as, by way of example, the tax code, the VAT number, the address of delivery of the products ordered and, where different, the billing number, as well as a telephone number) that may be requested during the registration process and at the acceptance of the processing of such personal data in accordance with our Privacy Policy as well as in the process of forwarding the order. As already communicated above, those who do not accept the terms and conditions of our Privacy Policy should not use the Website or create an account.
6.2. The customer is responsible for the security and confidentiality of his password and other access data for his account. The customer accepts all responsibility for all activity generated in his account. If he has reason to suspect that his password has become known to someone else and / or that his account has been or may be used without his authorization, the customer must contact us immediately. We accept no liability for any loss or damage arising from your failure to comply with your obligation to protect your password and/or other access information to your account.
6.3. Within his account, by entering his credentials, the customer can place the order, consult the history of his purchases or orders, modify the registration data entered and/or communicate a different delivery and/or billing address than the one/s indicated during registration.
7. Links to other websites
Links to third party sites are provided solely for the user's convenience. By opening these links, the user leaves our Website. These websites have not been viewed by us, are not controlled by us and we are not responsible for them, their content or their availability. We do not endorse or make any representations about these sites, the material contained therein, or any other results that may be obtained from using them. Anyone who decides to access third party websites connected to the Website via links does so at their own risk. These websites may have their own terms and conditions and privacy policies which you should review before using them.
8. Product Information - Disclaimer
8.1. We make every effort to ensure that the information contained on our Website is accurate, complete and up-to-date. However, no guarantees can be given in this respect. We may, at any time and without notice, make changes to the Website and/or to the products and/or prices shown and made available on the Website.
8.2. The Customer may purchase on the Website only the products present in the electronic catalog published on the same Website and as described in the relevant product sheets which can be viewed there. The illustrations, photographs and information such as weight, dimensions and description of the items presented on the Website are intended only as a general guide to our products. While we do our best to ensure that our guide is helpful and accurate, for factors such as small variations in stock, ongoing product development, and even your computer technology and monitor resolution, actual products may differ slightly from the illustrations, photographs, weight, size, and/or descriptions featured on the Website. The customer acknowledges and agrees that no guarantee is given as to the exact match of our products with this guide and variations may occur. Furthermore, the customer will not be able to advance any objection against Alessanderx Spa, in the event that the packaging of the delivered product does not coincide with the image of the product shown on the Website in terms of colour/shape/dimensions.
9. Orders
9.1. The information contained on the Website is not binding and does not constitute an offer to the public pursuant to article 1336 of the civil code.
9.2. In order to proceed with the purchase, the customer must be of age and/or capable of acting in accordance with the law and must carry out and complete the appropriate registration procedure by filling in the forms on the Website, taking care to correctly enter their personal data as requested in the electronic registration forms. Within the customer area, by entering their credentials, the customer can place the order, consult the history of their orders, modify the registration data entered and/or communicate a different delivery and/or billing address than the one / the indicated / s during registration.
9.3. The Customer, to proceed with the purchase and once he has logged into his account by typing his authentication credentials or completed the procedure for creating his own account, must select the product, specifying the desired quantity and add it to the cart. Subsequently, a screen will appear in which the customer can view the summary of the order with an indication of the selected products, the relative quantity requested and the purchase price of both each product and the overall order. The client, by clicking on the 'Proceed' button, he will formulate a proposal to us on the basis of these Terms and Conditions for the purchase of the products contained and summarized in the appropriate area of the account. By typing, therefore, the 'Cash' button, a screen will appear in which the customer must enter their billing data and the credit card data to be used for payment. If you place an order, we will first confirm correct receipt. However, this first confirmation does not constitute acceptance. a screen will appear in which the customer must enter their billing information and the credit card information to be used for payment. If you place an order, we will first confirm correct receipt. However, this first confirmation does not constitute acceptance. a screen will appear in which the customer must enter their billing information and the credit card information to be used for payment. If you place an order, we will first confirm correct receipt. However, this first confirmation does not constitute acceptance.
9.4. Before formally accepting the order, we will check the presence of the products in the warehouse and the availability of funds to make the payment.
9.5. We will then capture your payment by debit or credit card, or other form of electronic transfer, using the payment information you provide when placing your order. Upon receipt of cleared funds and confirming stock availability, and otherwise confirming that the details of the transaction (including but not limited to the description and pricing of the goods) are correct in all respects, we will arrange delivery of the goods to address indicated. Receipt of your order will be confirmed by us by email sent to e-mail address communicated by the customer when creating the account and registering on the Website (unless the customer does not have an e-mail address, in which case the confirmation will take place by traditional mail). This confirmation message will contain the date and time of receipt of the order, shipping address, a summary of these Terms and Conditions, information relating to the essential characteristics of the products covered by the order made with detailed indication of the purchase price of the products themselves and any shipping and delivery costs.
9.6. We will proceed to formally accept the order by delivering the products or by first sending a communication in which we will confirm that the products have been shipped and we will also provide the estimated delivery date and/or time. The contract for the sale of goods becomes binding on us upon this formal acceptance.
9.7. Communications such as order confirmation (referred to in clause 9.3 above) or product despatch confirmation (referred to in clause 9.6 above) will normally be sent by email to the email address you provided when placing your order . If your order was placed by telephone and you do not have an email address, we will send these notices by post. In some cases, we may need to telephone to confirm delivery details.
9.8. We will take all reasonable care, to the extent within our power, to keep your order details and customer card details secure. However, unless there is willful misconduct or gross negligence on our part, we decline all responsibility for damages suffered by the customer or a third party as a result of unauthorized access by a third party to the customer's account while accessing the Website or being of order completion.
9.9. Without prejudice to the provisions of the following articles, the order sent by the customer and confirmed by us as set out in the previous paragraph 9.6, will be processed within a maximum period of 30 days starting from the day following that of the transmission of the order by the customer.
10. Prices
10.1. The prices of the products are shown on the Website and are those, from time to time, summarized in its amount, individual (by product) and overall (of the order), in the appropriate area of the Website at the time of forwarding the order. In any case, we reserve the right to modify the prices of the products sold through the Website at any time, it being understood that such modifications cannot have any effect on the price applied to the products at the time the order is placed.
10.2. It is possible to apply an extra cost to cover the shipping costs and this will be shown separately in the section of the Website intended for finalizing the order and paying.
10.3. Unless otherwise specified, all product prices on the Website are inclusive of VAT. On the product pages of the Website, the product prices do not include shipping costs, which are added, if applicable, inclusive of VAT, in the cart and in the order finalization section on the Website.
10.4. Those who meet the requirements and wish to take advantage of the VAT exemption or reduced VAT must contact Alessanderx Spa Customer Care directly at the telephone number or email address indicated on the Website before finalizing the order.
11. Non-acceptance of orders from us
11.1. We may refuse to accept or fulfill orders in our absolute discretion, including without limitation where:
11.1.1. there is an error in the price or description of the product at the time of the order which is evident and unambiguous and which can reasonably be recognized as a price anomaly;
11.1.2. the commitment of the amount corresponding to the purchase price of the products and/or the payment is denied;
11.1.3. we do not have sufficient stock to deliver the ordered product;
11.1.4. we do not deliver in the area where the address indicated by the customer for delivery is located;
11.1.5. it is not possible or feasible to deliver or there are doubts as to the correctness of the delivery address provided by the customer; and/or
11.1.6. the product the customer is trying to order is not available for sale through the Website.
11.2. If we refuse to accept an order in accordance with this Clause 11, we will have no obligation to the customer to offer a refund for any loss or inconvenience suffered, provided that the customer's credit card will not be charged for the amount - until this moment only committed - corresponding to the price of the products (and any delivery costs) covered by the order.
12. Payment
12.1. We accept payments with PayPal both from a registered user and by credit card, bank transfer or cash on delivery.
12.2. Payment with cash on delivery is allowed up to a maximum amount of 2000 euros with the exception of oversized products and beds.
12.3. At the same time as the order is forwarded by the customer and after verifying the validity of the credit card data entered, the reference bank will only authorize the commitment for an amount equal to the amount of the purchase price indicated in the summary of the order before it is forwarded. The amount relating to the price of the products (and any delivery/shipping costs) will actually be charged to the customer's credit card only when the order confirmation email referred to in paragraph 9.6 above is sent.
12.4. All payment transactions may be subject to validation and authorization by your card issuer and service provider and/or us (and we may use third party service providers to perform such authorization, in accordance with our Privacy Policy). If the payment methods service provider / card issuer refuses to authorize the commitment of the amount / payment, we decline any responsibility for delays or non-acceptance of orders placed by the customer.
12.5. If for any reason payment is refused after delivery of any product, we are entitled to demand payment from the customer or to recover the product(s) concerned and to charge the customer for our costs in recovering the product(s) or the missing payment portion.
12.6. We do not offer credit lines for products purchased from us. However, we can inform the customer about credit facilities that may be made available by third party suppliers. For more information, please contact us using the contact details on the Website.
12.7. Full possession and title in the product(s) ordered from us will remain with us and will not transfer to the customer until payment of the full purchase price for such product(s) has been received.
13. Delivery
13.1. We are able to make deliveries exclusively in the Italian territory. If deliveries are not made to a specific location and a customer wishes to order and collect one or more products, we invite him to the contact details indicated on the Website.
13.2. The delivery of the mattresses will be vacuum-packed except for the MagniSmartech, Maestro models and all those containing springs, micro-springs and nano-springs.
13.3. The delivery of the Products covered by the Order to the Customer will be carried out by a specially appointed courier. The courier in charge of the delivery will be notified to the Customer in the manner provided on the Website.
13.4. Deliveries are made from Monday to Friday (excluding public holidays), according to the shipping method chosen by the latter when completing the order. At the time of delivery of the product to the address indicated by the customer, at least one adult person must be present. Once your order has been placed, it may no longer be possible to change your delivery address. To discuss any changes to the delivery address after placing the order, we invite the customer to contact us promptly at the contact details indicated on the Website
13.5. Without prejudice to what is specified in paragraph 9.9 above, the estimated date of delivery of the product depends on the place where the delivery must be made. While we make every effort to ensure that the products are delivered on the estimated delivery date, this date is to be understood as purely indicative and we are not able to guarantee that delivery will actually take place within the estimated date.
13.6. The customer must inform us, by contacting us at the contact details indicated on the Website, within the estimated delivery date, if there are any special circumstances which may be relevant to the delivery of the order, including, without limitation, factors which affect and may make it difficult access to the delivery address (e.g. low bridges, narrow alleys, etc.) and/or its premises (e.g. small doors, narrow passages, steps, etc.). We therefore invite you to take these factors into consideration when forwarding the order and to notify us by contacting the contact details indicated on the Website.
13.7. Delivery costs are those indicated during the ordering process and summarized in the order confirmation email. However, the customer may have to pay increased delivery costs if:
13.7.1. we are unable to make a delivery because at least one adult person is not present at the delivery address and date to accept the product;
13.7.2. the customer changes the delivery address after the product has been shipped; and/or
13.7.3. you fail to notify us under paragraph 13.6 above of any special circumstances which may affect the delivery of the products.
13.8. Whilst we will use our best efforts, we cannot guarantee that we will be able to assist you in any of the following points and we reserve the right to refuse, in our sole discretion, to:
13.8.1. carry out the move of furniture already present at the delivery address (remaining this request by the customer at his sole risk and expense); and/or
13.8.2. deliver the product to a precise point in the premises of the address provided by the customer.
13.9. Subject to paragraph 12.6, once we have delivered the product to you, all risk relating to it will pass to you and you will be solely responsible for your insurance protection and safety.
13.10. Finally, it is not our duty to take away or dispose of the furnishings already in use at the customer's premises (including, without limitation, existing mattresses).
13.11. Upon delivery by the courier of the purchased product, the customer is required to check:
13.11.1. that the number of packages delivered corresponds to what was ordered / indicated in the transport document sent in advance by e-mail
13.11.2. that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested by the customer, subject to written control (specifying the reason for the reserve, e.g. 'laundry packaging', 'packaging crushed', etc.) on the courier's proof of delivery. Once the courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.
13.12. For each order placed on the Website, we will issue an invoice for the products covered by the order confirmed by us, sending a copy both by e-mail to the registered e-mail address and together with the package containing the products. The invoice will be compiled and issued on the basis of the information and data provided by the customer at the time of registration or forwarding of the order. Unless otherwise specified in these Terms and Conditions, once the order has been submitted, it will not be possible to make any changes to the data entered therein.
14. Right of withdrawal
14.1. Unless the customer has ordered a product that must be created according to his specific needs or, in any case, personalized, it is possible for the consumer to withdraw from the purchase contract and, therefore, cancel an order for any product and for any reason in any moment starting from the date on which the order was placed up to 14 working days following the date of receipt of this product in accordance with the current Legislative Decree N°206/2005.
14.1.1. Right of withdrawal for oversize items. The Right of Withdrawal applies only to standard size mattresses: 80x190 - 160x190 - 120x190 - 170X190 - 160X200 All other variants belong to the category of goods made to measure or personalized and not subject to the Right of withdrawal as per Legislative Decree 21/2014 published in the Official Gazette n°58 of 11 March 2014 section 2 art.59 Consumer Code.
14.2. To exercise the right of withdrawal referred to in the preceding paragraph, the consumer must send a communication to that effect within 10 working days from the date of receipt of the products with respect to which the right of withdrawal is being exercised. This communication must be sent by registered letter with return receipt, addressed to Alessanderx Spa | Cap. Soc. 375.000€ (iv) - Legal address: 59100 PRATO Via S.Leonardo da Porto Maurizio, 24/26/28 | Tel: 0574/51011 - Fax: 0574/5101235 - info@magniflex.com, or anticipated by e-mail or fax within the aforementioned term of 10 days and followed by a confirmation by registered letter with return receipt, to be sent strictly within the following 48 hours. Once the aforementioned communication of withdrawal has been received, the instructions on how to return it will be communicated to the customer, according to the methods and procedures indicated in the following article 16.
14.3. The right of withdrawal applies exclusively to the product purchased in its entirety; it is not possible to exercise withdrawal only on one or more parts of the purchased product. In the case of orders including several products, it will be possible to exercise the withdrawal in relation to one or more products of the order, specifying the description of the products to be returned, in the withdrawal notice, pursuant to the previous paragraph.
14.4. in case of exercise of the right of withdrawal:
14.4.1. we will reimburse as soon as possible and, in any case, within 30 days of exercising the withdrawal, all sums already paid by the customer in relation to the purchase price of the product and any expenses already charged for the delivery of the same;
14.4.2. the customer must return the product to us according to our return conditions, indicated in article 16 below;
14.4.3. the customer has a legal obligation to take reasonable care of the product until it is returned.
14.5. If the customer wishes to withdraw from the purchase contract before the product has been delivered, please contact us at the contact details indicated on the Website (although, if the order has already been processed for delivery, we may not be able to prevent product delivery). If you wish to exercise your right to cancel under Clause 14.1, after receipt of the product, we have the right to ask you not to use the product and not to remove the original packaging or to ask you if such packaging has already been removed but is still available to the customer, the return of the product with the
14.5.1. the customer must return the affected product in accordance with our return conditions, as set out in Clause 16;
14.5.2. the replacement product is present on our Website at the same price or a higher price than the product to be returned and, in this case, that the customer pays the difference between the price of the two products;
14.5.3. the customer will be able to place and cancel an order only once, he will not be able to order the same product again or a similar trial product with exchange; And
14.5.4. each trial offer of this kind is valid only once for each delivery address.
14.6. The customer forfeits the possibility of exercising the right of withdrawal, due to lack of the essential condition of integrity of the product (packaging and/or its contents), in cases where it is ascertained:
even partial use of the product; the absence of integral elements of the product; damage to the product for reasons other than its transport. In such cases, the products will remain in storage at our warehouse available to the customer for collection at your expense and expense.
15. Warranty - Damaged, defective or non-compliant product
15.1. All products sold through the Website are covered by the manufacturer's warranty for lack of conformity, lasting 12 months if the customer is a professional and 24 months if the customer is a consumer, as required by the Legislative Decree no. 206/2005. The manufacturer's warranty is provided in accordance with the law. The guarantee applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use.
15.2. We invite the customer to keep all the documents relating to the guarantee delivered with the product, as they may be required if the product subsequently presents a defect.
15.3. We ask that you inspect any product delivered to you within a reasonable period of receipt. In compliance with the art. 130 of the legislative decree n. 206/2005 (Consumer Code), if a product sent by us is damaged upon delivery or manifests a defect during the warranty period, we invite you to notify us and return the product to us, at our expense, by post or request collection of the product from the place where it is, and In relation to such returns, we ask the customer to refer to our return conditions, governed in article 16.
15.3.1. if possible, we will provide for the repair at our expense;
15.3.2. if it is not possible to repair the product, we will replace it with an equivalent product, if possible; that is to say
15.3.3. if it is not possible to replace the product with an equivalent one, we will reimburse the sums paid by the customer as the purchase price of the product and any expenses already charged to the customer for the delivery of the product.
15.4. Should we ascertain that a returned product, because damaged or defective, does not present any damage or defect, we have the right to return the product to the customer and to charge back the cost of the same to the customer, together with any original delivery costs, and any costs verification and recovery.
15.5. If the product received by the customer is not the one ordered, we invite the customer to notify us and promptly return the product to us, at our expense, by post or by requesting collection from the place where the product is located, (a) where possible, we will arrange for delivery of the product actually ordered; or (b) if it is not possible to deliver the product ordered by the customer, we will refund the purchase price of the product and the delivery costs incurred by the customer. In relation to such returns, we ask the customer to refer to our returns conditions, as set out in Clause 16.
16. Return conditions
16.1. If the customer wishes to return a product once we have received the customer's return communication, we will provide the latter with a return code to be used when returning the product and during correspondence with us (in order to reduce the time response).
16.2. The customer will have to return, at his own expense, to our address indicated in the order confirmation, products of smaller dimensions, including without limitation pillows, cushions and other accessories. With reference to larger products (such as, by way of example, mattresses) purchased through the Website, where requested by the customer, we could provide, depending on the type of product, the collection, at our expense, of the same from the place in which it is located. Therefore, if the customer wishes to arrange a possible collection from us, he is invited to contact us at the contact details indicated on the Website.
16.3. Notwithstanding the provisions of paragraph 16.2 above, we reserve the right, at our sole discretion, to charge the customer for our direct costs incurred in connection with the return of the products.
16.4. The customer must ensure that all products packaged for returns are clearly labeled with their name, postal address and return code. The customer must also make sure to keep the receipt of the registered letter, if the product is returned by post.
17. Refunds
All refunds due under these Terms and Conditions will be credited to the credit card used by the customer to pay for the price of the product ordered. Once the payment order for the refund in favor of the customer has been forwarded to the bank, it will no longer be possible for us to determine the timing of the refund, which can be re-credited by the bank in favor of the customer up to 5 working days. Reimbursement transactions, according to the terms of the law, will not exceed 30 working days in any case.
18. Use of products
18.1. The customer agrees to use the products only for their normal and proper use and not to alter or modify them or otherwise manipulate them.
18.2. The customer agrees to follow the manufacturer's instructions provided with the products and not to use the products carelessly or negligently.
19. Responsibility
19.1. Nothing in these Terms and Conditions excludes or limits our liability for:
19.1.1. death or personal injury due to negligence;
19.1.2. willful misconduct or gross negligence; that is to say
19.1.3. defective products pursuant to articles 114 and following of Legislative Decree no. 206/2005.
19.1.4. any violation of the terms set out in articles 128 and following of Legislative Decree no. 206/2005 (Consumer Code) regarding the legal guarantee of conformity for consumer goods; as well as any other legal or other liability that cannot be excluded under applicable law.
19.2. Within the maximum limits established by law:
19.2.1. the Website and its Content are provided 'as is', without warranties of any kind;
19.2.2. the goods are of satisfactory quality and fit for the purpose for which they are offered (i.e. non-commercial household use, unless otherwise agreed between you and us); And
19.2.3. all other representations, warranties, conditions and other terms, expressed or implied, relating to the Website, its Content and/or the products that are not contained therein are to be understood as null and void.
19.3. Without prejudice to the provisions of paragraph 19 above, the total liability, contractual, tort (including negligence) or for violation of a legal obligation, which does not derive from the violation of rules of public order, or of any other type by us, our group companies and any of our or any of our officers, directors, employees, shareholders or agents, against any loss or damage which you or any third party may incur in connection with these Terms and Conditions is limited to the amount greater of:
19.3.1. the amount paid by the customer for the product; And
19.3.2. 20 euros.
19.4. We, our group companies and our or any of our group companies' officers, directors, employees, shareholders or agents shall not be liable to you in contract, tort (including negligence) or for breach of duty of law, which does not derive from the violation of public order rules, or of any other kind in relation to these Terms and Conditions for:
19.4.1. indirect, punitive, or consequential loss or damage;
19.4.2. losses arising out of or in connection with lost earnings, loss of profits and goodwill, loss of data, business opportunity, money or business interruption;
19.4.3. losses arising out of your use of the Website, including without limitation in connection with the use, inability to use, or results of use of the Website, other sites linked to the Website or material on such sites , including without limitation, loss or damage due to viruses capable of infecting Customer's computer equipment, software, data or other property resulting from your access, use or browsing of the Website or from your downloading of materials from the Website or from other sites linked to the Website;
19.4.4. losses resulting from your failure to use the products in a normal and proper manner or from your alteration or modification of the products, your failure to follow our and/or the manufacturer's instructions, or your use of the products recklessly or negligently; and/or
19.4.5. non-fulfilment of the obligations towards the customer deriving from these Terms and Conditions, including without limitation the non-delivery or a delay in the delivery of the products, due to events or circumstances of unforeseeable circumstances, majeure or otherwise beyond our reasonable control, including, without limitation, technical difficulties, communications network failures or delays, acts of terrorism, or power outages.
20. Invalidity and Waiver
20.1. Any invalidity or ineffectiveness of a single stipulation of these Terms and Conditions does not affect the other stipulations contained therein which will therefore remain valid and effective.
20.2. Our toleration of any default or breach by the customer of these Terms and Conditions does not imply and shall not be construed or construed as a waiver on our part of any claim against the customer in relation to such default or breach, nor to act to protect our interests and rights, by activating the remedies provided by law.
21. Third Party Rights
Except for our affiliates, directors, employees or representatives, individuals who are not a party to these Terms and Conditions do not have any legal or other rights to enforce these Terms and Conditions, to the extent such rights may be legally excluded.
22. Assignment
We reserve the right to assign to third parties, in whole or in part, our rights and obligations under these Terms and Conditions. These Terms and Conditions are personal to the customer and are entered into by the latter for his personal benefit and not for the benefit of any third party.
23. Applicable Law - Jurisdiction and Competent Court
23.1. These Terms and Conditions will be governed by and interpreted in accordance with Italian law. For disputes that may arise in connection with them, they will be subject to the exclusive jurisdiction of the Italian courts.
23.2. For any controversy that may arise in relation to these Terms and Conditions and to the supplies and orders, respectively, made and forwarded pursuant to the same, the Court of Milan will be competent. Exclusively for the case in which the customer is a consumer, he will be competent, pursuant to article 63 of Legislative Decree no. 206/2005, Consumer Code, the judge of the place of residence or domicile of the customer-consumer, if located in the Italian territory.
24. Protection of personal data
24.1. (b) for purposes strictly connected and/or necessary to satisfy the requests formulated, from time to time, by the customer through the Website or by e-mail or other communication tool; (c) for the execution of obligations established by laws, regulations and national and/or community legislation, as well as by provisions issued by authorities legitimated by the law or by supervisory and control bodies; (d) to send newsletters and promotional material concerning the products offered by Magniflex. as well as by provisions issued by authorities legitimated by the law or by supervisory and control bodies; (d) to send newsletters and promotional material concerning the products offered by Magniflex. as well as by provisions issued by authorities legitimated by the law or by supervisory and control bodies; (d) to send newsletters and promotional material concerning the products offered by Magniflex.
24.2. Please note that all registration forms contain both mandatory fields (identified with an asterisk [*]) and non-mandatory fields. In this regard, it should be noted that the provision of data is mandatory for the purposes under (a), (b) and (c), with the consequence that, in these cases, any refusal to provide it will make it impossible for us to satisfy and fulfill customer orders or requests. In consideration of the above, with reference to the treatments for the purposes referred to in point (d) above, we will request, from time to time, the customer, through special masks placed on the Website, to give consent to the execution of this type of treatment.
24.3. The processing of personal data takes place with logic strictly related to the purposes indicated above and, in any case, in such a way as to guarantee the security and confidentiality of the data. Furthermore, personal data may be communicated - for the aforementioned purposes - to subjects other than us, who will treat them as persons in charge or responsible for the treatment. In particular, personal data may be communicated to companies of our group for the aforementioned purposes. In any case, personal data will not be disclosed and will not be communicated outside the territory of the European Union.
24.4. Pursuant to and for the purposes of articles. 1341 and 1342 of the civil code, to the information on the site, with the signing of this contract, you authorize the processing of data for the execution of the contract itself. Remember the rights of the interested party see articles 12-22 of EU Reg. 679/16, the Purchaser expressly signs and accepts the following clauses: 1.1 (regulatory law), 2.3, 2.4, 2.5 (conclusion of the contract); 3.2, 3.3 (price); 4.3, 4.4, 4.5 (payment terms); 5.2, 5.3, 5.4, 5.5 (delivery); 6.2,6.3,6.4,6.5,6.6, 6.7 (warranty); 8.2, 8.3 (trademark protection); 9 (force majeure), 11 (exclusively competent jurisdiction and forum).
24.5. Any customer requests pursuant to the aforementioned article 7, Legislative Decree no. 196/2003, must be sent by mail to Alessanderx Spa | Cap. Soc. 375.000€ (iv) - Legal address: 59100 PRATO Via S.Leonardo da Porto Maurizio, 24/26/28, or at the fax number 0574/5101235 or at the email address info@magniflex.com.
25. Indivisible contract
25.1. These Terms and Conditions, together with the Privacy Policy Privacy Policy, constitute the entire agreement with you regarding your purchase of products through and use of the Website and supersede any prior agreements between us and the customer in relation to the use of the Website and/or the purchase of products through the latter by the customer.
25.2. Nothing said by a sales representative on our behalf shall be construed as a variation of these Terms and Conditions and/or the Privacy Policy Privacy Policy or as an authorized statement as to the nature or quality of any products sale from us. Unless the fact constitutes a crime, we will not be legally liable for such statements.
26. Return Policy
At Magniflex, we're dedicated to ensuring you enjoy the ultimate sleep comfort. If, for any reason, you find yourself dissatisfied with your Magniflex product purchased directly from our website, please do not hesitate to contact us at 1-888-381-8481 or via email at info@magniflex.us. If your purchase was made through an authorized Magniflex retailer, we kindly request that you get in touch with them directly. It's important to note that certain fees, including those associated with in-home delivery, setup, shipping, and disposables, are non-refundable. When processing a return, please be aware that return shipping costs will be deducted from your refund. Our commitment to your satisfaction extends to a 90-Night Sleep Trial for every Magniflex mattress bought directly from our website. We recommend allowing your new mattress a minimum of 30 nights for proper acclimatization before considering a return. To be eligible for a return, you must still be within your 90-Night Sleep Trial, with at least 30 days of use, and your mattress should remain in pristine condition, free of damage, and used with a suitable mattress protector. Thank you for choosing Magniflex to enhance your sleep experience. Your comfort is our priority.