These general conditions of sale (hereinafter "General Conditions of Sale") govern the contractual relationship between Iconik S.r.l., Via del Moro 6, 00153 Rome (hereinafter "Iconik" or "Seller") and the customer (hereinafter "Purchaser") concerning the sale of products marketed by the Seller through the website (the "Site") www.martaray.it.
The purchase of Products on the Site can be made either by registering on the Site or after registration.
Registration on the Site is free. In order to register on the Site, the user must fill in and send the appropriate registration form, entering name, surname, an e-mail address, a password and a home address. Registration will be confirmed to the user by e-mail.
The registration credentials must be used only by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. You must inform Marta Ray immediately if you suspect misuse or improper disclosure.
The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and agrees to indemnify and hold Iconik harmless from any obligation to pay compensation and/or sanctions and/or damages that it may incur due to the violation by the user of the rules governing the registration on the Site and the purchase of Products on the same.
Each user can benefit from only one subscription. Therefore, should it turn out that several subscriptions to the Website are traceable to the same user, pursuant to Article 1456 of the Italian Civil Code, Iconik reserves the right to terminate the contracts concluded by the user.
The registration allows customers to perform the following activities:
- Consult your order history
- Tracking the shipment
- Manage your personal data
The purchase on the Site is allowed both to customers who are consumers provided they are 18 years of age or older.
Pursuant to Article 3, paragraph I, letter a) of the Consumer Code, the consumer is the natural person who is acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity eventually carried out.
Under no circumstances may resellers or wholesalers or, in general, all persons who intend to purchase the products offered for sale on the Site for the purpose of subsequent resale, make purchases on the Site.
It is therefore forbidden for such parties to register on the Site and/or make purchases on the Site.
Iconik reserves the right, in any case, not to accept orders from anyone coming from the Site that are abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Site.
Iconik reserves the right to refuse orders coming from (i) a Customer with whom it has a legal dispute; (ii) a Customer who has been involved in fraud of any kind and, in particular, in credit card fraud.
Iconik also reserves the right to refuse orders from Customers who have issued identification data that is false, incomplete or otherwise inaccurate.
By completing the purchase order through the Site, the Purchaser declares to unconditionally and fully accept the General Conditions of Sale, which he undertakes to print or save electronically pursuant to the provisions of Article 53 of Legislative Decree no. 206 of 6 September 2005 (so-called "Consumer Code").
In accordance with Legislative Decree no. 70 of 9 April 2003, containing provisions on electronic commerce, Iconik informs the client that:
- In order to conclude the contract for the purchase of one or more Products on the Site, the user must fill in an electronic order form and send it to Iconik, electronically, following the instructions that will appear from time to time on the Site;
- The contract is concluded when Iconik registers the order form, i.e. when the order form reaches Iconik's server;
- Before proceeding with the transmission of the order form, the Buyer may identify and correct any data entry errors by following the instructions indicated on the Site from time to time and which will accompany the various stages of the purchase;
- once the order form has been registered Iconik will send the Buyer the order confirmation to the e-mail address indicated containing: a summary of the General Conditions of Sale, information regarding the essential characteristics of the product purchased, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as information on the right of withdrawal;
- the order form will be stored in Iconik's database for the time necessary to execute it and, in any case, within the terms of the law. To access his order form, the Buyer must access his customer space and click on "Orders placed" following the instructions that will appear in that section. The summary of the instructions regarding access to the order form will in any case be present on each order confirmation email.
The language available to users for the conclusion of the contract is Italian, English and Polish.
The products subject to the contractual relationship governed by the General Conditions of Sale are the articles of clothing and clothing accessories (hereinafter collectively "Products" or individually "Product") present in the electronic catalogue published on the Site at the time the Purchaser places the order.
The images and descriptions of the Products published on the Site reproduce as faithfully as possible the real characteristics of the Products. It is understood that such images and descriptions may not be perfectly representative of the Products and must therefore be considered as indicative and with tolerances of use.
The availability of the Products on sale is automatically updated by Iconik's computer system. However, since the Site may be visited by several users at the same time, it may happen that several Buyers purchase a certain Product at the same time. In cases of simultaneous purchase of the same Product, therefore, the computer system may update it with a few minutes delay, indicating that a Product is actually available as soon as it is sold out.
Should the Product be unavailable, for the above mentioned reasons, a notice will be sent to the Buyer's e-mail address within a maximum of 4 working days and the amount paid by the Buyer (consisting of the purchase price, shipping costs, if any, and any additional costs) will consequently be refunded in full, in the manner described in Article 6.
The prices indicated in the electronic catalogue published on the website www.martaray.it are VAT included.
The Seller reserves the right to update the prices of the Products. It is understood that the price applied to the contractual relationship between the Seller and the Buyer will be the one indicated on the website www.martaray.it when the Buyer places the order.
In case the price of a Product is discounted and the Site indicates the discount percentage and/or the full reference price, such indication will be formulated with reference to the price normally practiced in Iconik's physical stores in Italy as well as on the Site.
The delivery costs of the Products referred to in Article 7 below shall be borne by the Purchaser. The amount of the same, which may vary according to the payment method chosen, will be indicated on each page of the Site, at each level of navigation and, in any case, before the Purchaser sends the purchase order.
The payment of the Product can be made either by Visa or Mastercard credit card, or by PayPal, or by bank transfer to the coordinates indicated on the website. In case of payment by credit card, by clicking on the "Buy" button, at the time of order transmission, the validity of the card will be verified and the absence of any blockages will be verified.
Iconik has not turned on and does not store the data of the credit card used by the user for the payment of the Products. You will therefore be asked to enter this information at each purchase.
If the user chooses PayPal as the means of payment, he will be redirected to the website www.paypal.it where he will make the payment according to the procedure provided and regulated by PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with Iconik. Once the credit order has been placed in favour of this account, Promod cannot be held responsible for any delays or omissions in crediting the refunded amount, and the user will have to contact PayPal directly.
In the event of cancellation of the order or return of the Products purchased, Promod will refund the Purchaser the amount paid by him/her on the same payment instrument used by the Purchaser at the time of completing the purchase.
The amount paid by the Buyer for cancelled orders or returned Products will be deducted from the total paid by the Buyer or will be credited back to the Buyer's account within 5 working days from the original debit.
The invoice for the Product will be inserted in the package containing the delivered Product, or sent to the Buyer in case of gift order.
To ensure the security of payments, the website www.martaray.itutilizza is the company's secure payment service.
This service involves the use of the SSL protocol. Confidential data (credit card number, expiration date and cryptogram) are encrypted and transmitted directly to the SIPS server without passing through Iconik's servers.
In order to guarantee the security of payments made on the Website and to prevent possible frauds, Iconik reserves the right to ask the user, by e-mail, to send, by fax or post, by registered letter with acknowledgement of receipt, a double-sided copy of a valid identity card and/or a document certifying the address of residence and dating back no more than three months before (for example: bills for electricity, gas, landline telephone). The request e-mail will specify the deadline by which the document must reach Iconik. This deadline will not, in any case, exceed 5 working days. Pending receipt of the requested document, the order will be suspended. In the case of a request, you are required to send the requested documents within the specified deadline.
In the event that Iconik does not receive such documents within the term specified in the request e-mail or receives expired or invalid documents, the contract shall be considered terminated by right pursuant to and for the purposes of Article 1456 of the Italian Civil Code, and the order consequently cancelled, without prejudice to Iconik's right to compensation for any damages it may incur due to the non-compliant behaviour of the user. The termination of the contract, of which the user will be notified by e-mail, within and not later than 5 working days after the deadline for sending the documents requested by Iconik, will result in the cancellation of the order and the refund of the amount paid by the user. In case of receipt by Iconik within the indicated term of valid documentation, the delivery terms will start from the date of receipt of the same.
By way of example only, Iconik will be authorized to ask the user for the information described above in case of
:- use of different delivery/billing addresses compared to the address provided in the initial registration form;
use of credit cards registered
parties other than the party that sent the order;
- oridals exceeding the amount of 500 euros.
7.1 Home delivery of the product via UPS
The Products will be delivered to the address indicated by the Purchaser when the purchase order is placed by a carrier appointed by the Seller. The Purchaser is recommended to verify the integrity of the packaging and the conformity of the Product at the time of its delivery and is invited, where possible, to indicate any anomalies on the carrier's transport document.
The costs of delivery of the Products shall be borne by the Purchaser. Delivery is made on weekdays to the address provided by the Purchaser.
If the delivery cannot be made due to the absence of the addressee at the time of delivery to the address indicated by the Purchaser, the courier will deposit a notice of passage in the letter box. The courier will then make a second delivery attempt.
After two failed delivery attempts, or if the delivery cannot be made due to an error in the address indicated by the Buyer, the package will be placed in storage at the courier who will inform Iconik Iconik will promptly contact the Buyer by e-mail to inform him of the non-delivery due to the absence of the same and to agree on the terms of the new shipment.
If the recipient wants the delivery to take place at a new address or wants to pick up the package at the warehouse, he must contact Iconik in order to give the courier authorization to proceed.
The Buyer acknowledges that the collection of the package is a precise obligation deriving from the contract for the purchase of the Product and consequently acknowledges that, in the event of failure to reply to the Customer Service e-mail, 10 days after the day the package has been placed in storage, the contract will be considered terminated by right pursuant to art. 1456 of the Italian Civil Code. Once the contract has been terminated, Iconik will refund the total amount paid by the Buyer.
In case of delay in the delivery of the Product with respect to the above mentioned terms, the Buyer may contact Iconik for information on the same and to forward any claims.
The Buyer, without prejudice to his other rights recognized by law, has the right to cancel the order and not to accept the delivery if it is made later than indicated at the time of sending the order.
In case the delivery is made between 1 and 10 days later than the expected deadline, the Buyer may decide to accept the delivery and obtain free shipping (i.e., Iconik will refund the Buyer the shipping costs already charged at the time of purchase). In case the purchase order, for any reason, does not provide for the payment of any shipping costs, Iconik will send the Buyer a purchase voucher, expendable on the Site, of an amount equal to the shipping costs described in the table above. The clause does not apply if the non-delivery or delayed delivery is due to force majeure.
7.2 Special provisions in case of delivery of the Product in store
During the purchase procedure, before sending the order form, the Buyer may request that the product be delivered, free of charge, to one of Iconik's stores in Italy. The Buyer can check if the delivery service of the product in the shop is active in the shopping cart page.
The service allows to obtain the delivery of the Product within 5 working days after sending the order form. Holidays in Italy are excluded from the calculation of the deadline.
As soon as the Product is delivered to the courier, the Purchaser will receive an e-mail that will allow to track the shipping status of the Product. When the Product is ready to be picked up at the store, the Purchaser will receive an e-mail confirming that the Product has been delivered to the chosen point of sale. From the date indicated in that e-mail, the Purchaser will have 10 days to arrange for the collection.
Delivery of the Product is deemed completed on the date indicated in the e-mail confirming delivery of the Product to the chosen point of sale.
The Buyer may collect the Product by showing the shopkeeper a copy of the e-mail confirming delivery of the Product at the chosen point of sale and an identity document. If the Purchaser does not collect the Product personally, the Purchaser may delegate in writing a third party and attach to the delegation a copy of his/her identity card, a copy of the identity document of the delegate and a copy of the e-mail confirming delivery.
The Buyer acknowledges that the withdrawal of the Product within the above mentioned term is a precise obligation deriving from the contract for the purchase of the Product and consequently acknowledges that after 10 days from the date indicated in the e-mail confirming the delivery of the Product to the chosen point of sale, the contract shall be considered terminated by right pursuant to and for the purposes of art. 1456 of the Italian Civil Code.
As a result of the cancellation the order will be cancelled. Iconik will communicate this circumstance to the Buyer by e-mail and will refund the expenses charged for the purchase on the same payment instrument used for the purchase within the following 5 days.
In case of delay in the delivery of the Product with respect to the above mentioned terms, the Buyer may contact Iconik for information about the same and to forward any complaints.
The Buyer, without prejudice to his other rights recognized by law, has the right to cancel the order and not accept the delivery if it is made later than indicated at the time the order is sent.
In the event that delivery is delayed by between 1 and 10 days with respect to the expected term, the Buyer may decide to accept delivery. The clause does not apply if the non-delivery or delayed delivery is due to force majeure.
Failure to collect the Product within the terms set out in this paragraph shall not be understood as the exercise of the right of withdrawal under Article 64 of the Consumer Code.
The term of 10 working days for the exercise of the right of withdrawal pursuant to art. 64 of the Consumer Code will start from the date on which the Purchaser withdraws the Product. The terms and conditions governing the exercise of the right of withdrawal are described in art. 8 below, to the full content of which reference should be made.
The Buyer shall have the right to withdraw from the contractual relationship with Iconik, without penalty and without giving any reason, within the term of (30) thirty days from receipt of the Product, except during the sales period in which the maximum period shall be (10) ten working days, in accordance with the provisions of Article 64, paragraph 1, of the Consumer Code. The application of the short term for the exercise of the right of withdrawal during the sales period will be made known through a notice at the bottom of each page of the website www.martaray.it.
Returns can be made at any Iconik store in Italy or by post. The return of the purchased product within the terms indicated above replaces, for all intents and purposes, the written communication provided for by art. 64, paragraph 2 of the Consumer Code.
The items in respect of which the right of withdrawal will be exercised must be returned in their original packaging if possible, and necessarily with the original labels attached.
Please note, pursuant to art. 67, paragraph 2, Consumer Code, that the substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. The products, therefore, must not have been damaged or altered.
In case of withdrawal, if you wish to purchase a new Product and the new order is placed within 15 days after Iconik's confirmation of shipment of the previous Product, you will receive free delivery.
Exercise of the right of withdrawal by returning the product to Iconik's Marta Ray store.
The right of withdrawal may be exercised by returning the Product purchased at any Iconik's Marta Ray store in Italy. The shop will register the return and will deliver a receipt which must be kept as proof of the return of the purchased Product.
The Seller will then refund to the Buyer the price paid for the Product including shipping costs, if applied at the time of purchase, using the method used to make the payment, within 5 working days after the return.
Exercise of the right of withdrawal by returning the mail
The right of withdrawal may also be exercised by returning the Product purchased by post. The purchased Product, together with the return note, must be sent to the following address:
Via del Moro
Pursuant to art. 64, paragraph 3 of the Consumer Code, in case of exercise of the right of withdrawal, the only expenses to be borne by the Purchaser are the expenses for returning the Product to the Seller.
The Seller will refund the Buyer the price paid for the Product, including shipping costs, if applied at the time of purchase, using the method used to make the payment, within 10 working days from receipt of the Product.
The Products offered on the Site comply with the relevant regulations applicable in Italy.
Iconik will do its best to ensure that the images of the Products published on the Website represent as faithfully as possible the Products offered for sale. However, the colours of the Products may differ from the actual colours due to the settings of the computer systems or computers used by the Buyers to display them. Each Product is accompanied by a detailed description of its main characteristics.
In case of lack of conformity of the Products purchased or of non-conformity with the description on the Site, the Purchaser is entitled to repair or replace the Product, without any additional expense, where this is possible in relation to the number of copies still available for sale and unless the replacement or repair would not be excessively onerous for Iconik, in consideration of the value that the Product would have if there were no conformity defect, the extent of such defect and the possibility that the alternative remedy could be performed without significant inconvenience to the Purchaser.
The Buyer has the right to a reasonable reduction of the price or termination of the contract, where (a) repair or replacement is impossible or excessively expensive; (b) the Seller has not repaired or replaced the Product within a reasonable period of time; (c) the repair or replacement has caused significant inconvenience to the Buyer.
The Buyer shall have to agree with Iconik the modalities of return of the Product.
The choice between the various remedies provided for by articles 128 et seq. of the Consumer Code is up to the Buyer who has purchased the Product.
In case of contract termination, the total amount paid for the purchase of the Product, including delivery costs, or, in case of price reduction, the amount of the agreed reduction will be promptly credited by Iconik to the Buyer on the same means or payment solution used by the Buyer at the time the order is sent.
The Seller also informs the Purchaser that the owner of the Personal Data Processing is Iconik S.r.l., Via del Moro 6, 00153 Rome, and that pursuant to article 7 of Legislative Decree no. 196 of 30 June 2003, the Purchaser may at any time have access to the same, by asking the owner, information on the Processing of Personal Data and request its updating, rectification and integration, always without prejudice to the right to oppose for legitimate reasons to such processing and use. Furthermore, the Purchaser is always entitled to oppose the processing of data concerning him/her for the purposes of sending advertising material, direct sales or for carrying out market research or commercial communication.
10. Online dispute resolution for consumers
Consumers living in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).