Terms and Conditions

Foreword

Magie di Carnevale is a craft workshop.
T
he products on sale are guaranteed and handmade in Venice-Italy with quality materials and are unique and unrepeatable pieces.
For these reasons the images on the site are only for representative purposes; small differences and variations in color or shape are to be considered the result of artisan work that do not alter the quality of the product.
If the variation with respect to the sample image will be consistent will be agreed with the buyer during the purchase.
All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of Magie di Carnevale, without the customer having any rights over them from access to the Site and/or the stipulation of the Purchase Agreements. Any use, even partial, of the same is prohibited without the prior written authorization of Carnival Magic, for which all rights are exclusively reserved.

Identification of the Supplier

The goods covered by these general conditions are offered for sale by the sole proprietorship Magie di Carnevale, with registered office at Castello No. 4518, Venice 30122, road map 00052, registered with the Chamber of Commerce of Venice at No. REA VE – 194855 of the Register of Companies, tax code TDDMRT49M71A266C, VAT No. 02074250271 hereinafter referred to as “Supplier”.

Art. 1

Definitions

1.1. The expression “on-line sales contract” means the purchase and sale contract, relating to the Supplier’s tangible movable property, stipulated between the latter and the Purchaser within the framework of a distance sales system using telematic means, organised by the Supplier.

1.2. The expression “Purchaser” or “Customer” means the consumer, a natural person who makes the purchase, referred to in this contract, for purposes not related to his commercial or professional activity.

1.3. The expression “Supplier” means the person indicated in the epigraph or the person providing the information services, Magie di Carnevale.

Art. 2

Object of the contract

2.1. With this contract, respectively, the Supplier sells and the Purchaser buys remotely through telematic tools the material movable goods indicated and illustrated on the website www.magiedicarnevale.com or presented and offered through the email addresses of the Supplier.

Art. 3

How to stipulate the contract

3.1. The contract between the Supplier and the Purchaser is concluded exclusively through the Internet through telematic agreements or the Purchaser’s access to the address www.magiedicarnevale.com, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods referred to in point 2.1 of the previous article.

Art. 4

Conclusion and effectiveness of the contract

4.1. The buyer is required to fill out the exact request form and consent to purchase expressed through the subscription sent online or the completion of the form/module attached to the online electronic catalog and the subsequent submission of the form/module itself, always after viewing a web page or email with a summary of the order, printable, in which are reported the details of the ordering party, the order, the price of the goods purchased, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the time of delivery and the existence of the right of withdrawal.

4.2. Following the order, the Supplier will send an e-mail confirmation or display a web page confirming and summarizing the order, which can be printed, and which also contains the data referred to in the previous point.

4.3. The Purchaser will have to communicate his complete truthful data and possibly the shipping address if different from the one entered for invoicing.

4.4. The contract shall not be considered finalized and effective between the parties if it is not in accordance with the previous points.

4.5. The contract is validated between the parties at the time of payment made by the Purchaser.

4.6. The contract, even after the payment of a deposit, will be automatically cancelled if not completed within 6 months, after which the deposit will be retained by the Supplier as reimbursement of expenses.

4.7. Magie di Carnevale reserves the right to add, modify or delete any provision of these Conditions of Sale, it being understood that such additions, modifications or cancellations will apply to all Sales concluded from the thirtieth day following notification to the Customer of the new Conditions of Sale.

4.8. the Supplier reserves the right not to accept the order or to withdraw from the Purchase Contract, notifying the Customer at the same time to the e-mail address indicated by the Customer.

Art. 5

Prices and payment methods

5.1. All sales prices of the products displayed and indicated on the website www.magiedicarnevale.com and indicated in the Order are expressed in Euro and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

5.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax foreseen in the Supplier’s country.

5.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog or until the communication of the variation or a new catalog.

5.4. Any payment by the Purchaser can only be made by means of one of the methods indicated in the appropriate web page or email sent by the Supplier. All transaction costs of money or currency exchange must be borne by the Purchaser.

5.5. The prices do not include any further and different taxes, levies or duties provided for by the relevant legislation applicable in the Purchaser’s country, such as those provided for import. To the extent necessary, the Customer must therefore clear the imports and pay any duties and taxes (other than VAT) that may be due in the country of import.

5.6. The Supplier shall retain ownership of the Products until full payment of the price of the same.

5.7. Magie di Carnevale reserves the right to change unilaterally, without prior notice and with immediate effect, the prices shown in the price list in cases where the adjustment is due to circumstances beyond the Supplier’s control (e.g. an increase in the price of raw materials or the cost of processing). In all other cases, the change will be communicated to the Customer and will take effect on all Orders received from the 30th day after the date on which the changes were notified to the Customer.

Art. 6

Time and Availability of Products

6.1. The Supplier assures the artisan production of the products that will in most cases be put into production following confirmation of payment of the order.

6.2. The timing is indicative and may vary according to: the availability of the product or materials used in production, the time required for the realization of products not available and the waiting list due to the amount of Orders at the time. The estimated shipping date will therefore be communicated at the time of the Buyer’s Order and confirmed in the e-mail referred to in point 4.2.

6.3. The Supplier, by e-mail, will inform the Purchaser of the waiting time to obtain the chosen goods and, if the goods are no longer bookable, the possibility to change them with a similar one of equal or different value.

Art. 7

Methods of delivery and shipping

7.1. The shipment of the products, except for what may be agreed in writing between the parties, will always be at the Customer’s expense and risk.

7.2. Shipping costs are not included in the purchase price. They may vary depending on the destination and volume of the product purchased, and therefore must be calculated by the Purchaser in the purchase procedure before placing the order. Any changes in shipping costs will be clearly communicated in advance by the Supplier in the e-mail referred to in point 4.2.

7.3. Delivery times will vary according to the times foreseen by the courier. The Supplier will in any case inform the Purchaser of the day of shipment, the courier used and where possible the tracking number of the package shipped.

The delivery will be made by the carriers mainly at street level. No responsibility can be attributed to the Supplier for delayed or non-delivery due to force major or fortuitous circumstances.

7.4. Any other customs clearance charges or taxes applied by the importing country shall be borne by the Purchaser.

7.5. The Buyer will be responsible in case the package will go into storage, either for failed delivery attempt or for wrong address communicated. It will be the Customer’s responsibility to pick up the package at the indicated courier’s premises and pay any additional charges.
7.6. The Buyer declares that he is aware of the customs clearance obligations of his country. In case the Buyer refuses the goods and/or to pay the customs clearance of the package, the package will be sent back to Italy and all costs will be charged to the Buyer and the entire amount paid for the Order will be retained as reimbursement of expenses.

Art. 8

Refund

8.1. Any refund to the Purchaser will be credited using one of the methods proposed by the Supplier and chosen by the Purchaser.

8.2. All communications relating to payments are made on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current regulations on the protection of personal data.

Art. 9

Limitations of liability

9.1. The Supplier does not assume any responsibility for inefficiencies attributable to force major in the event it is unable to execute the order in the time provided for in the contract or cannot be completed due to causes outside the Supplier’s power.

9.2. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet network beyond the Purchaser’s or his subcontractors’ control.

9.3. Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Purchaser as a result of the non-performance of the contract for reasons not attributable to him, as the Purchaser is only entitled to a full refund of the price paid.

9.4. The Supplier does not assume any responsibility for any fraudulent or illicit use that may be made by third parties, credit cards, cheques and other means of payment, for the payment of the purchased products, if he can prove that he has taken all possible precautions based on the best knowledge and experience of the moment and on ordinary diligence.

9.5. In no case can the Purchaser be held responsible for delays or misunderstandings in payment if he can prove that he has made the payment in the time and manner indicated by the Supplier.

9.6. The Purchaser expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out, otherwise the Supplier will be excluded from any liability for illegal use or other than personal use of the products.

Art. 10

Liability for defect, proof of damage and refundable damages:

Supplier’s obligations

10.1. Pursuant to art. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the goods sold if he fails to notify the Damaged Party, within 3 months of the request, the identity and domicile of the manufacturer or the person who supplied him with the goods.

10.2. The aforesaid request, by the Damaged Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if still existing.

10.3. The Supplier cannot be held liable for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.4. No compensation shall be due if the Damaged Party has been aware of the defect of the product and the resulting danger and has nevertheless voluntarily exposed himself/herself to it.

10.5. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between defect and damage.

10.6. The Damaged Party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the Damaged Party.

10.7. The damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).

10.8. Neither Supplier nor manufacturer can be held responsible if the product will be used recklessly and/or differently from what has been designed or badly preserved or broken by the purchaser.

Art. 11

Warranties and assistance

11.1. The Supplier shall not be liable if the defect in the product is attributable to the normal uniqueness of the handmade product.
11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the use for which goods of the same type are normally used; b) they conform to the description made by the Seller and possess the qualities of the goods which the Seller has presented to the Consumer as a sample or model; c) they present the quality and performance which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the Seller, the producer or his agent or representative, in particular in advertising or on labeling;

11.3. For the purposes of reimbursement, the Buyer is required to receive the parcel by signing “subject to control” written on the proof of delivery if the parcel is damaged externally. If a product is broken in any part due to transport, the Purchaser must immediately notify the nearest office of the courier who delivered it and the Supplier by email, keeping the original packaging and transport documents. The Purchaser shall forfeit all rights if he has not raised any objection with reference to the external characteristics of what has been delivered and does not report to the Supplier the defect or breakage in any part of the product caused by the shipment within 2 days from receipt of the product. The Supplier will make every effort to ensure that the goods are reimbursed by the courier if the damage has occurred due to transport.

11.4. In case the product is accidentally damaged by the Purchaser, the transport and repair costs will be charged to the Purchaser.

Art. 12

Obligations of the Buyer

12.1. The Purchaser undertakes to pay the price of the goods purchased and any shipping costs in the time and manner indicated in the contract.

12.2. The Purchaser undertakes, once the on-line purchase procedure has been completed, to print and store this contract.

12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the confirmation of the direct purchase on the website.

12.4. The following contract is understood to be accepted by the Purchaser in any other telematic mode used for the purchase of the goods, as the following contract remains permanently visible on the supplier’s website under the heading “Conditions of Sale and Privacy”.

Art. 13

Right of withdrawal

13.1. The Purchaser has in any case the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.

13.2. In the event that the Supplier has not met the obligations of information on the existence, methods and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal under Article 52 of the Consumer Code, the term for the exercise of the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starting from the day of receipt of the goods by the Consumer.

13.3. In case the Purchaser decides to exercise the right of withdrawal, he must inform the Supplier by registered letter with return receipt to the address: Magie di Carnevale, 4518 Castello, 30122 Venezia, Italy, or by e-mail to: [email protected] , provided that such communications are confirmed by sending a registered letter with return receipt to the address: Magie di Carnevale, 4518 Castello, 30122 Venezia, Italy, within the following 48 (forty-eight) hours. The Parties shall be confirmed by the postmark affixed by the post office on the receipt issued. For the purpose of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that within the same terms. The date of delivery to the post office or to the forwarding agent shall be considered as the date of delivery between the Parties.

13.4. The return of the goods must in any case take place within 14 (fourteen) days from the date on which you have communicated your withdrawal from this contract. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned before the expiry of the 14 days and intact in all its parts.

13.5. The Purchaser cannot exercise this right of withdrawal for contracts for the purchase of made-to-measure or clearly customized products.

13.6. The only expenses due by the Purchaser for the exercise of the right of withdrawal are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
13.7. The Supplier, pursuant to and for the purposes of Article 56 of the Consumer Code as amended by Legislative Decree no. 21/2014, reserves the right to withhold the refund until it has received the Products, after which it will refund the full amount paid by the Purchaser within 30 (thirty) days of receipt of the returned products, excluding shipping costs.

13.8. Upon receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the preceding points of this article.

13.9. The return of the goods is under the full responsibility of the Purchaser.

The Supplier is not liable in any way for damage due to shipping and inadequate packaging or theft or loss of returned products.

Art. 14

Causes of resolution

14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment made by the Purchaser with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by chance or force major, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.

Art. 15

Information on the processing of personal data for data collected from the person concerned

Pursuant to art. 13 of Regulation (EU) 679/2016 on the protection of individuals with regard to the processing of personal data TADDIO MARIA RITA (hereinafter the “Company” or the “Owner”), with registered office in CASTELLO 4518, 30122 VENICE (VE) Italy and P. IVA 02074250271, as data controller, informs you, pursuant to art. 13 of European Regulation 679/2016 on the protection of personal data (“GDPR”), about the processing of your personal data that will be carried out by the writer.
15.1. Type of data processed: The Company is the owner of the processing of personal data communicated by the User to the writer and include:

Company Name/Surname and First Name, Fiscal Code and other identification numbers, Bank Coordinates, Address, E-Mail address, Telephone/cell phone number

15.2. Purpose of the processing: The processing of the Data is carried out by the Company in the performance of its activities. In particular, the Data provided by the Interested Parties will be processed, with or without computerized means, for the following purposes:

Telematic or radio-television sales

– The criterion of lawfulness for which the processing is made possible is: The processing is necessary for the pursuit of the legitimate interest of the data controller or third parties

– Based on a legal basis: Norma Norma Member State

15.3. Methods of Processing: The Data will be processed by the Company with electronic and manual systems according to the principles of fairness, loyalty and transparency provided for by the applicable legislation on the protection of personal data and protecting the confidentiality of the Data Subject through technical and organizational security measures to ensure an adequate level of security.

15.4. Data retention: The Data provided by the Data Subject will be processed for a period of time:

– Start date: 26/06/2019

– Duration criterion: Predetermined period

– Duration: 10 Year(s)

15.5. Communication, dissemination and transfer of Data

The Data will be processed, to the extent necessary, by authorized, adequately instructed and trained personnel, by the Data Controller as well as by the personnel of third parties who provide services to the Data Controller and carry out processing of Data on behalf of and on instructions from the latter as data processors.

In case of communication to third parties, the recipients may be:

Categories:

– Recipient: Subscribers

– Description: “Subscriber” means the buyer who intends to purchase the goods from the supplier under a contract concluded through the internet

Recipients:

No specific recipients to whom the data may be communicated have been defined.

More generally, in the performance of its ordinary business activities, the Data may be communicated to subjects who carry out control, auditing and certification activities carried out by the Data Controller, consultants and freelancers in the context of tax and judicial assistance services and in the case of corporate transactions for which it is necessary to evaluate the company assets, public bodies and administrations, as well as persons entitled by law to receive such information, Italian and foreign judicial authorities and other public authorities, for purposes related to the fulfillment of legal obligations, or for the fulfillment of obligations assumed and arising from the contractual relationship, including for legal defense purposes.

15.6. Profiling and/or automatic processing activities

The data collected will not be profiled or processed automatically.

15.7. Other entities related to the processing: Controller(s) and eventual representative(s) in the EU:

– Name and surname of the data controller: MARIA RITA TADDIO

Counselor(s):

There is no co-owner for the treatment(s) in question.

Responsible:

– Name and Surname: MARIA RITA TADDIO

– Fiscal_code: TDDMRT49M71A266C

DPO: There are no plans to appoint a DPO/RDP for the treatment(s) in question.

15.8. What are the rights of the interested party: The interested party may exercise, in relation to the processing of data described therein, the rights provided for by the GDPR (Articles 15-21), including:

– receive confirmation of the existence of the Data and access their content (access rights);

– update, modify and/or correct the Data (right of correction);

– request the deletion or limitation of Data processed in violation of the law including those that do not need to be kept for the purposes for which the Data was collected or otherwise processed (right to be forgotten and right to limitation);

– oppose the processing (right of opposition);

– lodge a complaint to the Supervisory Authority (Guarantor for the protection of personal data www.garanteprivacy.it) in case of violation of the regulations on the protection of personal data;

– receive an electronic copy of the Data concerning him/her as Data Subject, when such Data have been rendered in the context of the contract and request that such Data be transmitted to another data controller (right to data portability).

To exercise these rights, the Data Subject may contact the Data Controller by sending a communication to: [email protected].

When contacting us, you should ensure that you include your name, email/postal address and/or telephone number(s) to make sure that your request can be handled correctly.

Art. 16

How to archive the contract

16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital form on the server used by the Supplier and/or in paper form at the Supplier’s premises according to criteria of confidentiality and security.

Art. 17

Communications and complaints

17.1. Written communications addressed to the Supplier and any complaints will be considered valid only if sent to the following address: Magie di Carnevale, 4518 castello, 30122 Venezia, Italy, or sent by e-mail to the following address [email protected]. The Purchaser shall indicate in the registration form his full and truthful name and surname, his residence or domicile, telephone number and e-mail address to which he wishes the Supplier’s communications to be sent.

17.2. Any discrepancy of the Products delivered to the Purchaser with respect to the type and quantity indicated in the Order must be reported in writing as indicated in point 17.1. within two days from the delivery date declared by the courier. If the complaint is not communicated within the aforesaid term, the Products delivered will be considered as conforming to those ordered by the Customer.

Art. 18

Dispute settlement

18.1. All disputes arising from this contract shall be referred to the Venice Chamber of Commerce and settled in accordance with the Conciliation Regulations adopted by the same.

18.2. If the Parties intend to bring an action before the ordinary judicial authority, the competent court is the court of the place of residence or elective domicile of the Purchaser, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.

18.3. If translations of this contract into other languages exist, only the Italian version shall be legally authentic.

Art. 19

Applicable law and referral

19.1. These General Conditions of Sale are governed by Italian law and interpreted on the basis thereof, without prejudice to any other prevailing interpretation of the buyer’s country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.

I ACCEPT THE ABOVE CONDITIONS