GENERAL TERMS AND CONDITIONS OF SALE

These “General Terms and Conditions of Sale” govern the offer and sale o of Malo branded products (hereinafter “Products”) on the website [www.malo.com] (hereinafter the “Site”), owned by Malo S.r.l., with registered office in Via Gattinella 6, 50013, Campi Bisenzio (FI) Italy, VAT no. 03473900987 (hereinafter “Malo”).

The presentation of Products on the Site, together with their prices, constitutes an invitation to offer. The Products displayed on the Site are sold by Malo.

Before placing an Order, each user is invited to view and is required to accept these General Terms and Conditions of Sale. The submission of an Order activates a procedure which, if successfully completed, results in the conclusion of a sales contract.

The purchase of Products on the Site is reserved solely for “consumer” users. A consumer user is a natural person who is 18 years of age or older and who, in relation to the purchase of Products from the Site, acts for purposes unrelated to their own commercial, professional, trade or business activity, if any (hereinafter “Customer”).

Resale of Products purchased on the Site, as well as their transfer for commercial, professional, entrepreneurial, or otherwise business-related purposes, is expressly prohibited. Malo reserves the right not to process orders from parties other than the Customer.

The Customer may be required to provide their name, surname, address, email, telephone number, and tax code (hereinafter collectively, the “Details”).
All Details provided by the Customer must be truthful and correspond to the consumer user. No Customer may provide Details of another person unless specifically authorized by that person. All data will be collected and processed in compliance with privacy regulations and Malo's [Privacy Policy] as well as Malo’s [Cookie Policy].

The purchase of Products is exclusively governed by the General Terms and Conditions of Sale published on the Site.

 The version published on the Site at the time the sales contract is concluded is the applicable version. Malo reserves the right to make changes and/or additions to these General Terms and Conditions of Sale at any time. Such changes and/or additions will only apply to purchases concluded after their publication on the Site.

All Products displayed on the Site can be viewed through images reproducing photographs of the Products. Malo is committed to publishing images as faithfully as possible to the characteristics of the Products, although
discrepancies may occur due to the device used by the Customer.

The Customer acknowledges that images are merely indicative and should refer to the
Product description on the relevant detail page.

To proceed with the purchase, the Customer must select the Products to be purchased by adding them to the virtual cart (“Cart”), where, for each selected Product, the model, quantity, size, color, unit price, and a photograph will be shown. As Products are added to the Cart, the total amount (“Total”) will be displayed.

The Customer must then click “go to payment” and enter: (i) email address; (ii) delivery address; (iii) payment method and related details. Before submitting the Order, the Customer must check all of the Details that have been entered and all of the details in the Order request, and should be aware that selecting the “Review Order” button will conclude the Order request procedure, which is then forwarded to Malo and that the purchase contract will be concluded once Malo has confirmed the Order.

By clicking “pay now”, the Customer does not make any payment but only gives his/her authorization for the next withdrawal of the Total that will take place, as specified below in point 6 (Payments), once the Contract has been concluded.

The Order cannot be changed once it has been placed.

Malo reserves the right not to process purchase proposals for legitimate reasons, such as insufficient solvency guarantees, incomplete or incorrect orders, or products no longer being available. In such cases, Malo will send an email
(Order Cancelled) to the address provided in the order, informing the Customer that the purchase proposal cannot be processed and specifying the reasons. If any of the above circumstances occur, Malo will promptly release any
pre-authorized amounts, where applicable.

The Order will be accepted by Malo only and exclusively following an e-mail from Malo expressly indicated as "Order Confirmation". The contract will be concluded upon receipt by the Customer of the Order Confirmation email.

With the Order Confirmation, the Customer will receive an Order identification code to be used in further communications, as well as a summary of the main characteristics of each Product ordered and its price (including all applicable
taxes and duties), the payment method used, delivery methods, shipping costs, Malo’s details and contacts, and an estimated delivery date.

Malo will also provide a summary of these General Terms and Conditions of Sale,
including reference to the right of withdrawal, any return costs, and the legal warranty of conformity.

If only some of the Products ordered by the Customer are available, the contract will be concluded only for the Products that are actually available. With the sending of the Order Confirmation, Malo will inform the Customer of this circumstance. Malo will then proceed with the shipment of the available Products and will charge the Customer the corresponding amount for the Products shipped.

Each price displayed on the Site is indicated in Euros and includes VAT. The Total amount of the Shopping Cart will also include any shipping costs, which will be indicated separately.

Payment can only be made using the payment methods indicated on the Site.

As far as credit card payments are concerned, the Customer guarantees that they are the holder of the card being used, that they have entered all of the details correctly and that all of the details are true, without exception. To this end, the Customer expressly indemnifies Malo from any and all direct or indirect liability that may be caused by incorrect information being entered.

Payment will be made once the contract has been concluded, using the payment method
indicated by the Customer when the "send order" button is selected.

In the event that payment is unable to be made at the time the contract is concluded due to a lack of funds or for any other reason, the Order will be cancelled. 

Malo reserves the right to suspend shipment of Products until payment is successful.

The Customer is aware that neither the payment authorisation nor any of the financial details provided by the Customer is processed by Malo to the extent that no liability is attributable to Malo for any damage, direct or indirect,
arising to the Customer for the processing of the above.

Malo will ship the Products to the address indicated by the Customer at the time of the Order proposal, typically within 2-5 working days from the date the Customer receives the Order Confirmation email, except in cases of force majeure.

Malo cannot be held liable for delays in delivery due to force majeure or events beyond Malo’s control.

After the Order Confirmation and payment of the Total, Malo will deliver the Products to the appointed courier and inform the Customer by sending a shipping confirmation email. The Customer will then receive an email updating the
shipping status and a delivery confirmation email.

The Customer undertakes to do everything possible to facilitate delivery of the Order.

All products sold by Malo are covered by the legal warranty of conformity. In case
of a conformity defect, the Customer has the right to have the conformity of the goods restored, at no cost, by means of repair or replacement.

The Customer may, at their discretion, ask Malo to repair the Product or replace it, at no cost, in either case, unless the remedy requested is objectively impossible or excessively expensive compared to the other.

In such cases, the Customer may request, at their discretion, an appropriate reduction in the price or termination of the contract with the right, in the latter case, to a refund of the price paid.

Malo is liable for conformity defects that appear within 24 months and are reported within 26 months from delivery.

Within 30 days of receiving the Products, the Customer has the right to withdraw (“Right
of Withdrawal”) from contracts concluded on the Site.

In the event of multiple purchases made by the Customer in a single order and delivered separately, the period of 30 days will begin from the date of receipt of the last Product.

To exercise the Right of Withdrawal and return, the Customer may:

If any of the required information in the return form or the details to be provided via the aforementioned email (as outlined above) is missing, Malo may not be able to process the return request.

The Customer undertakes to return the Products for which the Right of Withdrawal has been exercised within 14 days from the communication of withdrawal.

Except in the case of an exchange (see the following paragraph), Customers who wish to
exercise their Right of Withdrawal and return must arrange the return shipment
independently, using a courier of their choice. The shipping costs for returning the Products will be entirely borne by the Customer. Malo will
not be held responsible for any loss or damage caused by the courier selected by the Customer.

Malo will instead be responsible for both the choice of courier and the related costs, in the case of a change of goods (change of size and/or colour).

The same procedures mentioned above are also provided in the “Returns and Exchanges” section of the Site and in the return form included in each shipment.

The Customer is expressly obliged to return the Product in the same condition in which it was received and complete with all the accessories contained in the packaging and therefore, by way of example, complete with the label, security
seals, packaging, cases, boxes etc.

The Right of Withdrawal is excluded for customized Products and for those whose label or security seal has been removed, cut, altered, or tampered with.

For the purposes of exercising the Right of Withdrawal and return, the only possible handling on the Products is that strictly related to the verification of the nature, characteristics and functioning of the Product, any and all other handling with respect to what is permitted will cause the Customer to forfeit the right to exercise the right of withdrawal.

Malo undertakes to complete the refund procedure within 14 days from the date it is
informed of the Customer’s decision to withdraw. However, Malo may withhold the refund until: whichever occurs first.

No withdrawal may be validly exercised for Products that are used, damaged, ruined, stained, and/or dirty. In such cases, Malo reserves the right to: or, alternatively, Malo will inform the Customer if the return request is not accepted because the returned Products do not comply with the above conditions.

The Customer may contact Malo’s Customer Service by:
 • sending an e-mail to the address: customercare@malo.it
• sending a letter to the following address Malo S.r.l. – Servizio Clienti – Via Gattinella 6,50013,Campi Bisenzio (FI) Italy; or
• using the various means indicated in the 'Customer Care' section of the Site

These General Terms and Conditions of Sale are governed by Italian law, without prejudice to the mandatory provisions of the Customer’s country of residence.
In any case, nothing in these General Terms and Conditions of Sale shall
prevent the application of the protections provided by the mandatory legal provisions of the Customer’s place of residence or domicile.

For any dispute arising from their interpretation and/or application, the Court of the place of domicile or residence of the Customer will have exclusive and binding jurisdiction.

Before starting any legal dispute, Malo immediately offers its willingness to assess the feasibility of mediation.