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Conditions of Use

General Terms and Conditions

 

The following General Terms and Conditions of Sale govern the offer and sales of products on our web site SHOP.THINKPINK.IT ( “Site”).

The Site is property of Man Socks Italia srl, legal head office at 105 Via Mazzini, 46043 Castiglione delle Stiviere (Mn), Italy. Man Socks Italia srl is also the owner of the Site’s domain name.

The products purchased on the Site are sold by Man Socks Italia Srl (“MAN SOCKS ITALIA SRL”).

MAN SOCKS ITALIA SRL is a company registered in Italy in the “Registro delle Imprese” of Mantova, under number REAMN159894, CF/P.IVA 02090940178. The paid-up share capital is of € 1.000.000,00.

The legal seat of MAN SOCKS ITALIA SRL is in Via Mazzini nr. 105 in Castiglione delle Stiviere (Mn), Italy, phone number +39 0376 639889, fax number +39 0376 632600, e-mail info@mansocks.it.

You may ask for any information and/or send communications, and/or file a claim in reference to sales, purchase orders, products and shipments, please contact Man Socks Italia srl at shop@thinkpink.it .

 

  1. Application and registration terms

These General Terms and Conditions of Sale shall apply to all sales made by MAN SOCKS ITALIA SRL on the Site.

These General Terms and Conditions of Sale can be modified anytime.

Eventual modifications and/or new conditions will be in effect from the moment of their publication on the “Terms and Conditions” area. For this reason the customer should regularly check the publication of the more updated General Terms and Conditions of Sales.

The General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services from third parties, different from MAN SOCKS ITALIA SRL, that are on the Site through links, banners or other hypertext links. Before making commercial transactions with those third parties, we recommend you to verify their terms and conditions of sale. MAN SOCKS ITALIA SRL is not liable for the supply and/or sales provided by third parties. MAN SOCKS ITALIA SRL do not control or supervise the websites linked on the Site. MAN SOCKS ITALIA SRL will be not liable for the content, and/or errors, and/or omissions, and/or breach of law linked to third parties.  

The access to the offers presented on the website is reserved exclusively to all the customers which are 18 years old and who are signed up on the Site.

The access to the offers presented on the Site is allowed whether the customers which are consumers, (according to the article 3, co.1, lett. a) of the Italian Act n. 206/2005 (“Code of Consumer”), referring to them as natural persons, who access the Site with aims not connected to commercial, handcraft, business or professional activities, or customers which are not consumers.

MAN SOCKS ITALIA SRL reserves the right in any case, not to accept orders, which are abnormal in respect of the quantity of the products purchased, that is the frequency of purchases realized on the Site.

In order to purchase products on the Site, you must register for an Account and authorize the treatment of personal data in compliance with the Italian Act n. 196/2003, ticking the specific box. When placing an order, you will be asked to accept the present General Terms and Conditions of Sale with the relative restrictive clauses. The non-acceptance of the General Terms and Conditions of Sale and of the relative restrictive clauses, involves the impossibility to make purchases on the Site.

The registration is free. To register for an Account, you must fill in the registration form..

The registration credentials must be used exclusively by the customer and can’t be transferred to third parties. The customer should keep the credentials secret and make sure that no one can access to them. The User must inform promptly MAN SOCKS ITALIA SRL in case of improper use or divulgation of the credentials.

The customer guarantees that the personal information given during the registration are complete and true. Each customer can register on the Site once, as multiple registrations are forbidden. There where MAN SOCKS ITALIA SRL may notice that the same customer has multiple registrations, MAN SOCKS ITALIA SRL reserves the right to block immediately and without notice the Account.

The customer accepts to indemnify MAN SOCKS ITALIA SRL from any compensatory obligations and/or penalties deriving from the violation of registration rules.

The sales on the Site have a limited number of available products.

 

2. Information about purchase order closing

Pursuant to Italian Act 70/2003 concerning e-commerce, Man Socks Italia srl informs that:

  • In order to close the purchase order relevant to products bought on Site, the customer must fill in the purchase form on line and send it to Man Socks Italia srl;
  • The purchase order is closed when Man Socks Italia srl has processed and registered the data and the payment;
  • Before sending the purchase order the customer has the chance to amend any possible mistakes and error committed in the fill in of the purchase form; once processed the purchase order and received the payment, Man Socks Italia srl send an e-mail to the customer confirming the purchase order, the payment, the details of the products bought , the buying price, the withdrawal instruction, the shipping cost. Man Socks Italia srl suggest the customer to preserve this e-mail as an evidence of the purchase.
  • The purchase form is filed in Man Socks Italia srl database for a short period of time necessary to processed the order

 

3. Prices

All prices shown on Site are expressed in Euro (€) and are inclusive of V.A.T. Shipping cost and other possible costs (inclusive of V.A.T.) shall be expressly and separately shown on the form to fill in before send the purchase order to Man Socks Italia srl.

The products‘ prices shall be modified without any previous notice. The products remain property of Man Socks Italia srl until the payment by customer have been done.

 

4. Purchase orders and products availability

Man Socks Italia srl will ship the product bought only after the receiving of the payment as per purchase form sent by the customer.

Man Socks Italia srl reserves the right to reject purchase orders placed by customers without sufficient ability to meet financial commitments or customers with pending disputes against Man Socks Italia srl .

Products on Site are offered in a limited quantity. Therefore could happen that after having sent a purchase orders, the ordered product is not available anymore. In this case the customer is promptly informed by e-mail, and the purchase order is cancelled. If the payment has already been done, Man Socks Italia srl will reimburse the amount paid by the customer within 30 days from the receiving date of the purchase order.

Possible delay may depends on the bank.

 

5. Products delivery

The products delivery schedule is shown during the purchase order procedure and on the order confirmation sent by e-mail by Man Socks Italia srl. In any case the products will be deliver within 30 days from the receiving date of the purchase order. The products will be deliver to the address specified by the customer on the purchase form.

  1. Delivery to customer address

Products will be shipped to the address specified by the customer on the purchase order.

At the products picking up time, the customer will receive a confirmation e-mail by the courier in which is indicated the tracking number of the shipment through which could be possible monitoring every step of the way.

Deliveries will be made Monday to Friday, except for festivity, in office hours. The delivery is accomplished when the products are made available to the customer at the specified address.

In case of undelivered due to customer absence, the courier will leave a notice in which is specified the telephone number to contact in order to arrange the delivery. If the delivery will not be accomplished within 30 days from the first attempt of the courier the contract will be cancelled pursuant to article 1456 of Italian Civil Code. In case of purchase order cancellation Man Socks Italia srl will proceed to refund the customer, except for the shipping cost. The contract cancellation shall be communicated by e-mail to the customer.

 

6 . Delivery disposals

The deliveries will be ruled as follows:

  • In case the delivery has not been made, or has been made in late, the customer could send a claim to Man Socks Italia srl . Man Socks Italia srl will processed the claim to ascertain whether the delay is fault of Man Socks Italia srl   or is to ascribe to accident or force majeure. In case of faulty deliver or delay in deliver is to ascribe at Man Socks Italia srl:

o    Man Socks Italia srl will refund the amount paid by customer within 30 days from the receiving date of the claim;

o    In case of deliver with more of 20 days delay, Man Socks Italia srl will refund the shipping cost within 30 days from the receiving date of the claim, in case the customer wants to keep the product; on the contrary, when the customer wants to send back the product, Man Socks Italia srl will refund the entire amount paid by the customer within 30 days   from the receiving date of the claim;

In any of the previous case the amount to be refund will be communicated to the customer via e-mail.

The customer must check the condition of the product once delivered.

In case the package is clearly tampered with or altered, the customer may accepts “with reserve” the delivery, giving promptly notice to Man Socks Italia srl at shop@thinkpink.it .

 

7. Withdrawal

The customer has the right to withdraw within 10 working days, without any penalty and for any reasons, from the product’s receiving date. Saturday is not consider as a working day.

In order to begin the withdraw proceeding, customer must:

Send a withdraw communication via e-mail to MAN SOCKS ITALIA srl at shop@thinkpink.it;

Confirm, within the 48 hours, the withdrawal communication delivered by registered mail with return receipt at the following address: “Customer Service” Man Socks Italia srl, 105 via Mazzini, 46043 Castiglione delle Stiviere (Mn), Italy. The withdrawal communication may be send (within 10 working days) also through e-mail, fax, and telegram. The letter is intended send in time if it is presented to postal office within 10 working days from the receiving date of the products.

Customer, within 20 working days from the receiving date of the product, may ship (bearing the relevant cost) the products bought to Man Socks Italia srl address. The products must be duly wrapped in their original packing, with tags, labels and accessories. Pursuant to article 67 of Italian Act n. 206/2005 “Code of Consumer”, is of the essence that the products returned has not been used or damaged.

Pursuant to article 67 of Italian Act n. 206/2005 “Code of Consumer”, Man Socks Italia srl, only after having checked the integrity of the products returned and the compliance with the withdrawal terms, may proceed, within 30 days, to refund the customer. The amount refund will be communicate per e-mail and reimbursed through the means chosen by the customer.

 

8. Payment

The payment of the products shall be made through credit cards. Man Socks Italia srl accepts VISA and MASTERCARD credit cards. The payment shall be done through a safe server-to-server connection using SSL (Secure Sockets Layer) with a 128 bit coding.

At the moment of the purchase order transmission, any amount shall not be charged on the credit card used by customer. The charge shall be made (i) only after having verified the credit cards data used for the payment and (ii) the credit cards issuer has authorized the charge.

The payment receipt/invoice shall be issued after each purchase. During the first purchase the customer shall be requested to communicate the data for the fill in of the payment receipt/invoice. The customer may always change this kind of data.

In case of failure to pay, Man Socks Italia srl shall cancel the relevant purchase order and charge the cost concerning the management of the unpaid amount. This information shall be communicate per e-mail to the customer.

 

9. Legal guarantee and noncompliance product

The product’s images and colors, published on Site, could be different from the real ones because of the IT devices setting and/or pc used by the customer.

Man Socks Italia srl undertakes to amend any mistake found in the Site product’s description. Customer may inform Man Socks Italia srl about mistakes found sending an e-mail to shop@thinkpink.it .

 

10. Legal guarantee

All products offered on Site are covered by Legal guarantee pursuant to articles 128 to 135 of the Italian Act n. 206/2005 (“Code of Consumer”).

  1. To whom it may concern

Legal guarantee is reserved only to end user customer. Therefore it may concern only customer that have bought product on Site for purposes unrelated to his professional/commercial activities.

 

  1. When does it enforce

 

Man Socks Italia srl is liable concerning any product’s defect present at delivery moment, shown within 2 years form the receiving date. The defects shall be report to Man Socks Italia srl within 2 months from the date on which the defect was discovered.

In order to benefit from the legal guarantee, customer firstly shall provide evidence of the purchase’s date and product’s delivery. We suggest to keep the payment receipt/invoice or any other document that may provide evidence of the purchase’s date.

 

 

  1. What is a defect

There is a defect when:

The product is unfit to the use usually aimed;

The product is noncompliance with the description done by Man Socks Italia srl; the product doesn’t meet the qualities and the features that usually have products of the same kind, also considering the statement contains in the label;

The product is unfit considering the particular use (communicated and accepted to the seller) the end-user intends to do with it;

 

The legal guarantee doesn’t cover damage or defect caused by customer or arising out from fortuitous fact or from a noncompliance use of the product considering technical instruction concerning the product.

Furthermore are excluded from the legal guarantee the repaired product and the product modified or altered by customer.

 

  1. Customer’s remedies

 

In case of defective product (duly communicated to Man Socks Italia srl, pursuant Italian Act 206/2005 “Code of Consumer”):

 

First of all the customer has the right to obtain the replacement or the repairing of the product, at his own discretion, except in case the remedy required is objectively impossible or excessively expensive for Man Socks Italia srl compared to the other one.

 

Secondly (in case the replacement or the repairing are impossible or too expensive) the customer has the right to get a price discount or to terminate immediately the contract.

 

The remedy required is too expensive in case Man Socks Italia srl bears unreasonable costs compared to other remedies that may be take considering (i) the value of the product without defect ; (ii) the width of the defect found; (iii) that the alternative remedy could be done without any drawback for customer .

 

  1. What to do when a defect is found

When a product bought on Site has a defect covered by the legal guarantee, the customer shall contact the MAN SOCKS ITALIA srl at shop@thinkpink.it in order to arrange the product collection.

Man Socks Italia srl reserves the right to check the product send by the customer to verify the presence of the defect.

 

  1. Refund or price discount

In case of contract termination Man Socks Italia srl shall refund the whole amount paid by the customer. In case of price discount Man Socks Italia srl shall reimburse the amount previously agreed with the customer.

The refund, or price discount, amount shall be communicated to the customer by e-mail.

Man Socks Italia srl shall not be liable in case of damages deriving from an improper and/or noncompliant use of the product, furthermore in case of damages deriving from accident and force majeure.

 

11. Disclaimer

In no case Man Socks Italia srl shall be liable for the breaching of this Terms & Conditions due to accident and force majeure .

 

 

12. Entire agreement

This Terms & Conditions represents and expresses the entire agreement between Man Socks Italia srl and the customers concerning the products sold on Site.

 

13. Governing law and Jurisdiction

The contracts between Man Socks Italia srl and the customers are construed, governed by and executed in accordance with the laws of Italy, in particular the Act n. 206/2005 “Code of Consumer”.

In case of disputes Man Socks Italia srl suggest the customer to apply to the “alternative dispute resolution” service issued by the Milan Chamber of Commerce called “RisolviOnline” that may lead the parties to an amicable, guaranteed and satisfied agreement on line. For more information please visit www.risolvionline.com.

 

14. Site’s sales suspension, amendment and termination

Man Socks Italia srl reserves the right, at its own discretion, to suspend, amend or terminate, without any liability, the sales on Site .

 

Please note that clauses number 3, 4, 5, 6, 10, 11, 13, 14 are restrictive clauses pursuant to article 1341 and 1342 of the Italian Civil Code.