It is important to read these website general terms of sale (hereinafter "Terms of Sale") carefully before proceeding with ordering products through our website. Together with our Privacy Policy and our Terms and Conditions of Use. If you have any doubts concerning these Terms of Sale, please contact before proceeding. In case of non-acceptance of these Terms of Sale, it will be impossible to place orders for products through http://www.mademoiselledore.com/ website. These Terms of Sale do not affect the rights guaranteed by law, except the case of contrast with the same. In such a case, these Terms of Sale shall prevail over any conflicting rights, if this is not contrary to the provisions of law.

  1. TERMS OF SALE

    1. These Terms of Sale apply to the purchase of "Mademoiselle Dorè" branded products (hereinafter "Products") made through the e-commerce website www.mademoiselledore.com (hereinafter the “Website") by users who qualify as "Consumers" under paragraph 1.2 below. The owner and operator of the website is the company "EV SURFACES s.r.l.", an Italian limited liability company, registered with the C.C.I.A.A. of North-West Tuscany on October 22nd, 2015, with registered office in Viale XX Settembre 215, Carrara (MS) ITALY, ZIP code 54033, Fiscal code, VAT number and R.E.A. registration number 01335450456, represented by the legal representative pro tempore
    2. It is possible to contact "EV SURFACES s.r.l." by email at info@mademoiselledore.com.
    3. The Owner (hereinafter also the “Seller”) oversees the sale of Products through the Website and the person who proceeds to purchase one or more Products for purposes not related to his or her business, trade, craft or profession, as a purchaser (hereinafter the "Consumer"), (Seller and Consumer) will be hereinafter collectively referred to as the "Parties").
    4. The Owner also owns the rights to the Website's domain name, logos and trademarks, related to the products presented on the Website, as well as copyright in the Website's content.
    5. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. must be sent to the Seller at the contact details and in the manner indicated on the Website and at the email address info@mademoiselledore.com.
    6. Each purchase is governed by the Terms of Sale in the version that will be published on the Website at the time of transmission of the order by the Consumer.
    7. Concurrently with the transmission of the order, the Consumer agrees that confirmation of the information relating to the order placed and these Terms of Sale will be sent to him by email to the address declared by him during registration on the Website or during the purchasing process.

  2. WHO IS ALLOWED TO MAKE PURCHASES?

    1. Residents of Italy and worldwide can purchase through the website www.mademoiselledore.com using the following link:  https://www.mademoiselledore.com/.
    2. In order to make purchases through the Website, the Consumer must be of the age of legal majority (18 years) and have the capacity to act, which the Consumer claims to possess.
    3. Any charges for internet connection to the Website, including telephone charges, are the sole responsibility of the Consumer, according to the rates charged by the operator selected by the Consumer.
    4. The contract of sale concluded between the Seller and the buyer shall be governed by Italian law.
    5. The Website is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are asked not to execute orders. If one or more sales are made to a person who does not qualify as a Consumer, these Terms of Sale shall apply but, notwithstanding the provisions thereof:
      1. the purchaser will not be granted the right of withdrawal set forth below;
      2. the purchaser will not be eligible for the warranty on the Products set forth below;
      3. buyer shall not be accorded any other protections, if any, provided herein in favor of the Consumer that reflect or conform to mandatory statutory provisions.

  3. PRODUCT FEATURES

    1. The Products are sold with the features described on the Website and in accordance with the Terms of Sale posted on the Website at the time the order is placed by the Consumer, to the exclusion of any other terms or conditions.
    2. The Seller reserves the right to change these Terms of Sale at any time, at its own discretion, without the need to provide any notice to users of the Website. Any changes made will be effective as of the date they are posted on the Website and will apply only to sales completed on or after that date.
    3. Prices, Products for sale on the Website and the features of the same, are subject to change without notice.
    4. Before submitting the order in accordance with Section 3 below, the Consumer is invited to check the final sale price.
    5. The Website may be accessed by users worldwide, and the same may contain references to Products that are not available or cannot be purchased in the Website visitor's country.
    6. The Products available on the Website can only be purchased by users who, in the specifically dedicated section of the Website, request their delivery in Italy and worldwide.

  4. FORMATION OF THE CONTRACT

    1. The presentation of the Products on the Website, which is not binding on the Seller, is merely an invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
    2. The order transmitted by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these Terms of Sale, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the order, the Consumer will be asked to read carefully these Terms of Sale and the notice on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer will be asked to identify and correct any errors in their personal data entry.
    3. Online orders must be placed in the following manner:
      1. At the time the Customer decides to make a purchase, he/she must click on "Add to Cart" to place the Product in his/her virtual shopping cart. It is then necessary to click on "Buy" to enter the restricted section of the website and complete the order.
      2. Once the selection of Products has been completed, in order to execute the purchase of the Products placed in the shopping cart, the Consumer will be asked to (i) register with the Website, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide his/her data in order to complete the order and allow the contract to be finalized.
    4. If the data indicated in the order are different from those provided when registering with the Website, the Consumer will be asked to confirm their data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, the contents of which he may modify: then, the Consumer, after careful reading, must expressly approve these Terms of Sale, through the appropriate check-box on the Website and finally, through the "Insert Order" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the preceding paragraph of this contract. The Consumer will also be asked to choose the shipping and payment method, from those available. If the Consumer decides for the immediate payment mode (simultaneous with the purchase) by credit card, PayPal or immediate bank transfer, he/she will be required to communicate the relevant data via secure connection.
    5. For accounting and administrative purposes, the Seller reserves the right to verify the general information given by the Consumer. If payment is made by credit card, the purchase amount will be charged only when the order confirmation is transmitted from the Seller to the Consumer.
    6. Once the order has been completed, the Consumer will be asked to verify its correctness. If errors are found, he/she can edit the order and correct the errors before submission to the Seller. It is responsibility of the Consumer to verify the accuracy of the order before submission. In case of any problems with placing the order, please contact "EV SURFACES s.r.l." by email at info@mademoiselledore.com.
    7. The Seller sends an initial email confirming receipt of the order, containing a summary of the Terms of Sale applicable to the contract, information regarding the main features of the Product as well as detailed information regarding the price, payment and withdrawal terms, shipping costs and any applicable taxes. The above email will be sent automatically to the user's registration address.
    8. Following the sending of such initial email, "EV SURFACES s.r.l." will verify the possibility of fulfilling the order, confirming the dispatch of the Product(s) to the address indicated and providing the user with a forecast about the delivery time.
    9. This information is to be considered as indicative only and not binding on the Seller. However, the Seller undertakes to do everything within its power in order to comply with the delivery time indicated on the Website and, in any case, to execute the delivery within a maximum time of 30 (thirty) days from the day following the day on which the Consumer has transmitted the order. In case of non-execution of the order by the Seller due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product.
    10. Each contract for the purchase of the Products shall be deemed to be concluded when the Consumer receives the second order confirmation email from the Seller.
    11. “EV SURFACES s.r.l." is unable to correct orders after that time, but the user is in any case guaranteed the right of withdrawal as set forth below.
    12. “EV SURFACES s.r.l." will then charge the payment of the order through the payment details provided by the user, who is required to verify the accuracy of both emails and immediately report to "EV SURFACES s.r.l." any errors.
    13. In the event of problems in the execution of the order, an officer of "EV SURFACES s.r.l." will contact the user.
    14. By placing an order, you make an offer to purchase the Product(s) at the price specified therein.
    15. Prices are regularly verified; however, if "EV SURFACES s.r.l." detects changes in prices or errors in the indication of the same, it will contact the user asking for confirmation of the intention to proceed with the purchase at the actual price. In the case of confirmation of the purchase, no obligations relating to the delivery of the Product shall arise on the part of "EV SURFACES s.r.l." until the second email confirming the order is sent.
    16. Should the user find that he/she has made a mistake in placing the order, the same is requested to immediately contact "EV SURFACES s.r.l." at info@mademoiselledore.com.

  5. PAYMENT

    1. Prices shown on the website www.mademoiselledore.com are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), delivery charges are shown on the website at the time of placing the order.
    2. The Consumer shall pay to the Seller the total price as stated in the confirmed order following the order confirmation sent by email from the Seller to the Consumer.
    3. Prices are subject to change at any time, but such changes do not affect orders already confirmed in the manner described above.
    4. The payment of the price of the Products purchased through the Website shall be made within the essential term of 10 (ten) days starting from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that Seller's performance of the contract shall commence upon crediting the price of the purchased Product(s) to Seller's bank account.
    5. Payment may be made by credit card or through PayPal, subject to the conditions described below. The Seller may allow additional payment methods by indicating them in the payment section of the Website.
    6. If payment is made by credit card, the Consumer will be transferred to a secured site and the credit card details will be communicated directly to Nexi S.p.A., Headquarters and General Management: Corso Sempione 55, 20149, Milan, Italy, Milan, Monza Brianza and Lodi Company Register and Tax Code: 09489670969 a payment processor on behalf of the Seller. The transmitted data will be sent in a secure mode by 128-bit SecureSocketLayer (SSL) encrypted data transfer. Such data are also not accessible to the Seller.
    7. In the case of credit card payments, cardholders or account holders at banking or housing cooperatives may be subject to authentication and authorization request. If the Seller's credit card issuer or service provider refuses or for any reason does not authorize or validate payment, under such circumstances, "EV SURFACES s.r.l." shall not be liable for delay or non-delivery with respect to the Products ordered.
    8. The user's personal data will be processed by "EV SURFACES s.r.l." in accordance with the Privacy Policy.
    9. If the payment is made by bank transfer in favor of the Seller, the Consumer shall indicate the "Swift" and "IBAN" codes given in the order confirmation, as well as the order number.
    10. If, for any reason, "EV SURFACES s.r.l." is unable to accept an order, it may, at its discretion, either not charge or refund the price already paid with respect to the order.
    11. "EV SURFACES s.r.l." shall not proceed to send the Product(s) before receiving payment in full.
    12. The Seller shall promptly transmit to the Consumer, if required by applicable law, in electronic form via email to the address stated by the Consumer or in paper form together with the Product, the tax receipt for the purchase made.

  6. SELLER'S LEGAL WARRANTY OF CONFORMITY, REPORTING OF CONFORMITY DEFECTS AND WARRANTY WORK

    1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code) as amended and supplemented, the Seller warrants to the Consumer that the Products will be free from defects in design and material as well as conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product not in accordance with the Product's own use and the instructions/warnings on the subject provided by the Seller and/or the Owner, or shown in the illustrative reference documentation, tags or labels.
    2. The Consumer shall have the duty to examine the Products as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-conformities within and no later than 2 (two) months from their discovery, by transmitting to the Seller, by email, the appropriate form (MAKE SURE THAT CLICKING ON THE FORM WILL OPEN THE PAGE WITH THE FORM ITSELF) correctly filled in, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and the tax receipt).
    3. The Consumer shall inspect the Products upon receipt for defects or damage. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination manifestly damaged, the Consumer is requested to refuse delivery by the carrier/shipper or accept delivery "with reservation." The Consumer undertakes to check without delay, and in any case no later than 3 (three) days after receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform the Seller within this period of any possible defect in the products received or their discrepancy with the order placed. If he/she finds a defect or damage, the Consumer is obliged to inform "EV SURFACES s.r.l." in the terms, which will arrange for the sending of such Products to its Customer Service Center, at no additional cost. In the event it is found that a Product was damaged prior to delivery or defective (not due to use by the Consumer), "EV SURFACES s.r.l." will, at its own expense, repair or replace the Product or refund the price paid, including any shipping costs, provided that the Product has not been worn or used and damaged. "EV SURFACES s.r.l." will refund the cost of returning the Product or will send a pre-paid package to be used to return the defective or damaged Product.
    4. Once the time limit referred to in the preceding paragraph has elapsed without the Consumer having made any objection to the carrier/shipper, the Products delivered shall be deemed to have been finally accepted by the Consumer.
    5. These Terms of Sale do not exclude the liability of "EV SURFACES s.r.l." to the Consumer for: - death or personal injury; - malice; - any circumstances under which it would be prohibited by mandatory rules of law to exclude or seek to limit the seller's liability to the consumer.
    6. Without prejudice to the application of the preceding paragraph, "EV SURFACES s.r.l." shall be solely responsible for losses that are a consequence of Seller's violations of these Terms of Sale. Such liability shall be limited exclusively to the purchase price of the Product purchased and compensation for foreseeable damages. Damages are considered foreseeable if the Parties could have foreseen them at the time of acceptance of the order by "EV SURFACES s.r.l.".
    7. Therefore, without prejudice to the application of the preceding paragraph: a) "EV SURFACES s.r.l." shall not be liable for indirect damages that are an indirect consequence of the main damage or loss and that are not foreseeable by the parties, including but not limited to: - perdita di utili o ricaviloss of profit or revenue; - loss of employment opportunities; - loss of profit or contracts; or - loss of savings provided that the foregoing shall not preclude the right to institute actions for loss of or damage to tangible property as established by mandatory provisions of law or this contract. b) "EV SURFACES s.r.l." shall not be liable for failure to, or delay in, the performance of its obligations under these Terms of Sale arising from causes beyond its control including natural disasters, measures of authority, war, fire, flood, explosion or insurrection, disruption of computer or telecommunications services, failure of third parties (including failures to provide data) and strikes.
    8. In any case, the clauses of these Terms of Sale do not imply any limitation of rights guaranteed by mandatory statutory provisions.

  7. DELIVERY TERMS

    1. On the website, the prices of Products are understood to include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable); delivery costs, are indicated on the site at the time of placing the order.
    2. The shipment of the Products ordered by the Consumer will be made in the mode selected by the Consumer, among those available and indicated on the Website at the time of placing the order.
    3. "EV SURFACES s.r.l." while attempting to meet the terms set forth in the Delivery Terms section for delivery of the Product(s) to the address indicated, is unable to give an exact delivery date.
    4. If the delivery of the Product(s) does not take place within 30 days from the placing of the order by the user, or from another date otherwise agreed with the same, the user may withdraw from the order and "EV SURFACES s.r.l." will refund the price.

  8. RIGHT TO WITHDRAWAL

    1. The Consumer is granted the right to withdraw from any contract concluded under these Terms of Sale, unless the product has been customized at the Consumer's request, or because the product was made to order by the customer; without any penalty, within the term of 14 (fourteen) from when (i) the Product was delivered or (ii) in the case of the purchase of several Products delivered separately in a single order, the last Product was delivered.
    2. In order to exercise the right to withdrawal, the Consumer must inform the Seller prior to the expiration of the period referred to in paragraph 8.1 above, of his/her decision by sending an explicit statement to the Seller at the email address of his/her decision to withdraw using the attached model withdrawal form.
    3. Following the provisions of paragraph 8.2 above, the Consumer will receive an email confirming the exercise of withdrawal, containing the return code. Within the next 14 days at the latest, the Consumer must transcribe the return code on the form referred to in paragraph 8.2 above and return the products to the company "EV SURFACES s.r.l." together with the form referred to in paragraph 8.2 above suitably drafted and complete with the return code, by having them delivered to the company's registered office at Viale XX Settembre 215, Carrara (MS) ITALY, ZIP Code 54033.
    4. If the Consumer has received the product, he/she is obliged to return it to the company "EV SURFACES s.r.l." without undue delay and, in any case, within 14 days from the day you gave notice of withdrawal. The deadline is met if you return the goods before the expiration of the 14-day period. The direct risks and costs of returning the goods will be borne by the Consumer.
    5. According to the mandatory provisions of the relevant Laws, in the event of withdrawal, payments made, including delivery costs (except for additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered), will be refunded without undue delay and, in any event, no later than 14 days after the exercise of withdrawal. Said refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment will be borne by the Consumer. Refunds may be suspended until receipt of the goods or until the Consumer demonstrates that he or she has returned the goods, whichever is earlier.
    6. The Consumer shall be liable for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear and tear, abrasion, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the attached instructions/notes/manuals, original packaging and packing and the warranty certificate, if any, the Consumer will be liable for the patrimonial decrease in the value of the goods, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and operation of the same and to cover the original wrapping of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.
    7. The Seller will take delivery of the returned Products, reserving the right to verify that the Products have been returned in the condition described in the preceding paragraph 8.6.
    8. If the verification of the returned Products has been successful and the right of withdrawal has been validly exercised by the Consumer within the terms and in the manner provided, the Seller will refund to the Consumer the full amount paid for the purchase of the Products, including shipping costs, as soon as possible and in any case within 14 (fourteen) days.
    9. The aforementioned refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer in favor of the Consumer; the onus will be on the Consumer to communicate to the Seller, by email to customercare@mademoiselledore.com the bank details to make the transfer in its favor and to ensure that the Seller is put in a position to be able to return the amount due. If the payment was made by credit card, the refund will be made within the terms indicated directly by re-crediting the amount due to the credit card used by the Consumer for payment. If the payment was made through PayPal, the refund will be made in the terms indicated directly by re-crediting the amount due to the account used by the Consumer for payment.

  9. INTELLECTUAL PROPERTY RIGHTS

    1. The Consumer declares that he/she is informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Website or relating to the Products are and remain the exclusive property of "EV SURFACES s.r.l." and/or its assignees, without any right deriving to the Consumer from the access to the Site and/or the purchase of the Products.
    2. The contents of the Website may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of "EV SURFACES s.r.l.".

  10. CONSUMER DATA AND PRIVACY PROTECTION

    1. In order to proceed with the registration, placing of the order and thus the conclusion of this contract, certain personal data are required through the Website from the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with the regulations set forth in the Italian law D.Lgs. n. 196/2003 and subsequent amendments and additions - Privacy Code, to execute each purchase made through the Website and, subject to his consent, for any further activities as indicated in the appropriate Privacy Policy provided to the Consumer through the Website at the time of registration.
    2. The Consumer represents and warrants that the information provided to the Seller during the registration and purchase process is correct and true.
    3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
    4. For any further information on how we process the Consumer's personal data, please access the Privacy Policy section as well as carefully read the General Terms and Conditions of Use.

  11. SECURITY MEASURES

    1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has authenticated (logged in), cannot be accessed or viewed by unauthorized third parties.
    2. The Seller, regarding credit card payment data uses the services of the company Bank Nexi S.p.A. which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

  12. FORCE MAJEURE

    1. The Seller shall not be liable in the event of total or partial non-performance of its obligations under any contract concluded under these Terms of Sale, if such non-performance is caused by unforeseeable events and/or natural events beyond its reasonable control, including but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and/or private workers, strike and/or restrictions on courier and airline routes.

  13. APPLICABLE LAW AND JURISDICTION

    1. Any contract of sale concluded between Seller and Consumers under these Terms of Sale shall be governed by and construed in accordance with the laws of Italy. In any case, the rights, if any, attributed to Consumers by mandatory provisions of law in force in the State of the latter shall not be affected.
    2. The court of the city in which the purchaser resides shall have non-exclusive jurisdiction to settle any dispute arising out of, or in connection with, these Terms of Sale or use of the Website.

  14. TRANSFER

    1. The Parties shall not assign or otherwise transfer to any third party any of their rights and obligations under these Terms of Sale without the prior written consent of the other Party.

  15. FURTHER INFORMATIONS

    1. Some Products may appear slightly larger or smaller than actual size due to screen defects or photographic techniques. Other Products may be depicted larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire Product.
    2. "EV SURFACES s.r.l." recommends that you print a copy of these Terms of Sale for your future information. You can download a PDF version of these Terms of Sale by clicking here.
    3. If any of the clauses of these Terms of Sale are deemed invalid or ineffective, they shall be deemed non-existent, and the remainder of these Terms of Sale shall remain valid and effective.
    4. The delay or failure of "EV SURFACES s.r.l." to exercise any of its faculties, rights or remedies under these Terms of Sale shall not constitute a waiver of the same, nor shall the single or partial exercise of any such faculties, rights or remedies prevent the future or different exercise thereof.
    5. Third parties who are not a party to the agreements between the Consumer and "EV SURFACES s.r.l." may not exercise any rights under these Terms of Sale in accordance with Italian law except as expressly provided in these Terms of Sale.