TERMS AND CONDITIONS OF SERVICE
1. Scope and definitions
1.1. These Terms and Conditions apply to all Services made available to users on the website www.mayermoover.com, regulating their access and use.
1.2. The terms used herein shall have the following meanings:
Platform/Portal : dropshipping web platform owned by Mayermoover Srl;
Seller : the company Mayermoover Srl;
Consumer : the person who, pursuant to Legislative Decree 206/2005 (Consumer Code), is identified as a consumer because he or she purchases for needs other than commercial, entrepreneurial, craft and/or professional activities;
Customer : the user of the Platform who purchases Products from the Platform not for the purpose of resale;
Regular Customer: the user of the Platform who, while purchasing Products from the Platform not for resale purposes, exceeds predetermined purchase volumes;
Reseller : the user of the Platform who purchases Products from the Platform to resell them to third parties;
Buyer : the Reseller or Customer who purchases the Products through the Platform;
Dropshipping : service through which the sale of products is promoted, characterised by inventory management and preparation of the Products by the Supplier;
Supplier/Dropshipper : the person who agrees to collaborate with the Platform, allowing Mayermoover Srl to fulfill the orders received from Buyers;
Products : the goods offered for sale through the Platform;
Price : the price of the Products indicated on the Platform at the time of purchase by the Buyer;
Conditions : these Terms and Conditions of Service;
Site : the website www.mayermoover.com, managed by the Seller, through which the purchase contract with the Buyer is concluded;
Contract : the sales contract concluded remotely between Mayermoover Srl and the Buyer via the Site.
2. General Provisions
2.1. These Conditions are effective only in relation to the use of the Platform by users and with respect to sales made through the Site by Mayermoover Srl, not regulating, however, the relationships with third parties with respect to the Seller, even if reachable directly from the Platform, or thanks to the information contained therein. The Seller is not, consequently, responsible for the supply of goods and services by such third parties.
2.2. The Products on the Site are put up for sale by Mayermoover Srl.
2.3. The Seller does not assume any obligation to accept orders from Consumers, who will, in any case, be governed by Italian law.
2.4. Sales made through the Site are governed by the Conditions published online and, therefore, in force on the date of the purchase proposal.
3. Object of the Contract and its completion
3.1. The object of the Contract is the sale of the Products present on the Site, which the Buyer intends to purchase through simple interaction with the Platform and, therefore, remotely.
3.2. The Products are described in the relevant sheets, however, the information provided should be considered as an example and is published for information purposes only, so as to allow the correct identification of the article. Therefore, any representations and images of the Products may be partially different from the actual product. Such possible differences may depend, for example, on the monitor supplied, its settings (contrast, sharpness, brightness, etc.), or on the internet browser used.
3.3. The Contract is concluded remotely by browsing the Site and sending, using the methods provided, a purchase order, followed by acceptance by the Seller.
Therefore: (i) the purchase order has the value of a mere contractual proposal; (ii) except as provided in the following article 5.1, the Contract is concluded only upon receipt by the Buyer of the Seller's acceptance email, which will identify the Buyer's identification data, the delivery address, the order reference and the relative price, as well as shipping and accessory costs. The confirmation email will also contain the link through which it is possible to view the Conditions in force at the time of conclusion of the Contract.
3.4. The Buyer will take care to verify the accuracy of the personal data summarized in the confirmation email, communicating to the Seller, within the following 24 hours, any presence of errors.
4. Pre-contractual information
4.1. Pre-contractual information is provided to the Buyer before the Contract is concluded. Therefore, prior information will be given on: (i) the Seller's identification data; (ii) the net price of the goods, taxes and duties due, details of shipping costs and any additional costs; (iii) payment methods; (iv) delivery times; (v) terms, conditions and methods of exercising the right of withdrawal; (vi) the legal guarantee provided; (vii) after-sales assistance and commercial guarantees provided.
4.2. Occasionally, there may be typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, shipping costs, delivery times or product availability. Therefore, no update date specified in relation to the information published should be construed as a guarantee of its accuracy.
5. Product Availability
5.1. The availability of the Products indicated on the Site is to be considered indicative and changeable, also in light of the possible simultaneous use of the Site by multiple Buyers. Therefore, no liability may be attributed to the Seller in the event of unavailability of Products requested by the Buyer via purchase order, even in the event of receipt of the relevant acceptance notice. The Seller, in any case, will inform the Buyer of this problem within the following 72 hours, providing for the simultaneous reimbursement of the costs incurred for finalizing the purchase order.
6. Prices and payment methods
6.1. The prices of the Products and the related taxes and duties applicable to the Buyers are identified on the Site in euros.
6.2. Shipping costs are identified separately, as they are calculated only at the conclusion of the Buyer's order process, in any case prior to the actual payment of the price.
6.3. The amounts due must be paid in full using payment methods accepted or possibly made available by the Seller.
6.4. The price is charged when the purchase order is sent, in the manner specified in these Conditions.
6.5. The payment methods are managed and processed by third parties and, therefore, will be regulated, in addition to these Conditions, also by those of said third parties, which can be consulted on their respective websites.
6.6. The Seller is not responsible for any exchange rates, commissions and any other charges imposed on the Buyer by the providers of the payment methods used.
6.7. The Buyer is aware that the communication of data and information necessary to process the payment is secret and must be carried out exclusively through secure connections identified by the Seller and/or by the providers of the payment services used.
6.8. The commercial document/purchase invoice relating to the Order will be delivered electronically directly to the Buyer's tax drawer within 72 hours of purchase.
6.9. The Platform reserves the right to modify the Price of the Products at any time and without prior notice. Any price changes will not, in any case, affect Contracts already concluded.
7. Buyer's right of withdrawal and penalty
7.1. The Buyer has the right to withdraw from the contract within and no later than 3 working days from the date of acceptance of the order. The right of withdrawal is strictly connected to the processes characterizing the logistics of Mayermoover Srl, therefore, late requests for withdrawal will not be taken into consideration.
7.2. The withdrawal request must be sent in writing to the Seller via registered mail or via email to mayermoover@pec.it, attaching a copy of the purchase document.
7.3. The withdrawal is in any case subject to the payment of a penalty equal to 10% of the purchase price, which will be deducted from the amounts to be refunded to the Buyer. The Buyer is therefore fully aware that, in the event of his request for withdrawal, the related refund will see the application of the aforementioned penalty.
7.4. The refund will take place within 15 working days from the date of withdrawal, net of the penalty identified as 10% of the price of the Product and will take place through the use of the same payment method chosen by the Buyer for the purchase, unless otherwise agreed between the parties.
7.5. The right of withdrawal is expressly excluded in the following cases: (i) Personalised Products; (ii) Tailor-made Products; (iii) Products which, regardless of their characteristics, provide in the relevant Product Sheet for the exclusion of the Buyer's right of withdrawal.
7.6. In the case of a Consumer Buyer, as provided for by articles 52 et seq. of the Consumer Code, the same will have the right to withdraw from the purchase, without having to specify the reasons and without any penalty, by communicating it to the Seller within 14 days of receiving the purchased Products. For all the rest, the conditions identified above apply, insofar as compatible with the current legislation.
8. Guarantee of conformity
8.1 The Seller guarantees that the products offered for sale on the Platform are free from defects.
8.2. This warranty starts from the date of delivery of the product and lasts for 12 months. If the product requires technical assistance during the warranty period, the Seller reserves the right to carry out repairs or replacements of the defective product.
8.3. The warranty applies only if the product has been used correctly and in accordance with the relevant instructions, if provided to the Buyer. Furthermore, the warranty does not cover damage resulting from accidents, improper use, tampering or alteration by the Buyer or third parties other than the Supplier and the Seller.
8.4. If the product has a defect that makes it completely unsuitable for the use for which it is intended or appreciably reduces its value, in derogation of the provisions of art. 1492 of the Civil Code, the Seller may decide to remedy the situation by repairing or replacing the defective product. Alternatively, the Seller may propose a refund of part of the price or termination of the contract, if the defect is not minor. The chosen remedy will be implemented within 30 days of the communication duly made by the Buyer to report and document the presence of defects.
8.5. The Buyer must notify the Seller of any defects or non-conformities within 8 days of receiving the relevant products, providing documentation and a detailed description of the problem detected. The communication must be made in writing and must contain an explicit reference to the order and the products subject to dispute. The Seller will, in any case, have the right to carry out checks on the Product to verify the actual existence of the defects and/or non-conformities reported.
8.6. In the event that the defects or non-conformities are hidden, the relevant dispute must be made within 8 days of their discovery.
8.7. The shipping costs necessary for the return of products recognized as defective will be borne by the Seller.
8.8. The Seller shall not be liable for damages resulting from improper use of the Product or failure to comply with the relevant instructions. Furthermore, the Seller shall not be liable for indirect and/or consequential damages resulting from the use or non-use of the Product, nor for damages caused by normal wear and tear of the Product during its use, or for loss of profits or interruptions of business activity. The Seller shall not be liable in the event of fraud or gross negligence.
8.9. Unless otherwise provided by law or indicated during the purchase of the Product, any other form of guarantee, explicit or implicit, is expressly excluded, such as, by way of example, the implicit guarantees of merchantability, suitability for a specific purpose and non-infringement of third party rights.
8.10. The Seller reserves the right to modify or integrate this warranty clause at any time and without prior notice. The modifications will be effective from the moment they are published on the Platform, only for sales completed subsequently.
9. Shipping
9.1 . The Seller will send to the Buyer: (i) the purchased Products; (ii) any free gifts; (iii) any informational and promotional material; (iv) the transport document; (v) any additional accompanying documentation required in the country of shipment.
9.2 In order to grant the Buyer the right of withdrawal referred to in the previous article 7, the actual shipping date of the Products will be identified as a date following the expiry of the 3-day term provided for in paragraph 1.
9.3. The Products will be delivered by the courier identified by the Seller, by the date indicated in the order confirmation email and, in any case, according to the methods detailed in the conditions adopted by the courier itself. In any case, the Products will be delivered within 30 days following acceptance of the purchase order.
9.4. Shipping times and methods may vary; in this case, the Buyer will be informed, at the latest, within 72 hours of acceptance of the order.
9.5. The Products are delivered to the address indicated at the time of the order by the Buyer, unless otherwise agreed between the Parties. The Seller will not be responsible for any delays or delivery problems caused by an inaccuracy or incompleteness of the information provided by the Buyer.
9.6. The Seller shall not be liable for any delays in delivery resulting from force majeure or unforeseeable circumstances.
9.7. In the event of irreparable damage or loss of the Product during shipping, the Buyer will have the right to request reimbursement of the costs incurred, which will be made within the following 30 working days.
9.8. If the Products are returned due to an error in the delivery address provided by the Buyer or as a result of his absence at the time of delivery, the Buyer will be responsible for any additional costs for re-shipping the Products.
9.9. Shipping costs will be indicated at the time of purchase and, unless otherwise agreed between the Parties, will be borne by the Buyer.
10. Intellectual Property
10.1. Mayermoover Srl is the exclusive owner of the contents present on the Site, such as, by way of example and not limited to, images, videos, documents, drawings, figures, logos and any other material, in any format, published online, including menus and web pages, graphics, colours, schemes, tools, characters and the design of the Site, as well as diagrams, layouts, methods, processes, know-how, functions and software, including updates and related source codes part of the Site, which must therefore be considered protected by copyright and by any other intellectual property right in favour of the owner and/or third parties.
10.2. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited without the express written consent of the owner.
10.3. The Seller is the exclusive owner of the “Mayermoover” trademark and the related logo, as well as the domain name Mayermoover.com, which may not be used in any way without prior written authorization. It is understood that any unauthorized conduct or, in any case, conduct contrary to the law, may be contested and sanctioned in the most appropriate venues.
- Comments, Feedback and other content transmitted by the User
11.1. The submission online, by email, by regular mail or through other means, of comments, feedback and other materials, hereinafter referred to in general as “contents”, whether provided at the invitation of the Platform or voluntarily, implies express acceptance by the User of the right of the Platform to modify, copy, publish, distribute, translate or use in any other way and by any means the transmitted contents, freely and at any time.
11.2. Mayermoover Srl will have no obligation to: (i) keep the contents confidential; (ii) pay compensation for the contents; (iii) use the contents; (iv) verify the appropriateness and legality of the contents. However, the same may be monitored, modified and removed, if they are found to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in the case of contents that violate the intellectual property of any party or these Terms and Conditions.
11.3. You agree not to submit content that infringes the rights of third parties, including copyright, trademark, privacy, personality rights and other real or personal rights, or that contains defamatory or otherwise illegal, offensive or obscene material, or computer viruses or other malware that could compromise the operation of the Service or any related website.
11.4. The User remains, in any case, solely responsible for the contents sent and their appropriateness.
12. Use of the Services and Registration on the Site
12.1. The registered User, in declaring to have full capacity to act in order to stipulate valid contracts, guarantees to be the sole holder of his/her account, undertaking to keep the relative access credentials confidential, not to transfer them to third parties and to promptly notify the Seller in the event of their theft, unauthorised knowledge or loss.
12.2 The User assumes, exclusively, all responsibility for conduct, including omissions, related to the use of services through his/her account, and undertakes to hold Mayermoover Srl and third parties harmless from any damage arising from failure to comply with these Terms and Conditions.
12.3. The User undertakes to provide accurate and complete information during registration, as at any time of use of the Platform, assuming all responsibility for their correctness and truthfulness, also undertaking to keep the data communicated updated and complete, promptly correcting them in the event of their variation.
12.4. The User undertakes to provide a non-temporary personal email address, which he/she guarantees to have legitimate and exclusive use of and to which he/she declares to access regularly.
12.5. The User knowingly accepts that the service may be used exclusively by browsing the pages of the relevant Site and, in any case, in compliance with the regulatory and legislative provisions in force. The User may not, by way of example: (i) incorporate the applications and contents of the Portal into other web platforms, or show them or make them available, by any means, to third parties; (ii) duplicate, copy, distribute, show, communicate or transfer to third parties, decode, modify, adapt, commercialize, translate, sell, lend, rent the contents, regardless of the technical methods; (iii) use robots, crawlers and similar applications to collect and analyze the contents of the Portal or the data collected by it; (iv) violate the security of the Site, circumvent or manipulate its operation, search for vulnerabilities, attempt to activate functions that are otherwise deactivated or, in any case, inaccessible; (v) compromise or interfere with the functionality of the Portal, as well as send automatically generated requests; (vi) assume and/or use the identity of other people, even if fictitious and, in any case, make false declarations regarding one's own identity; (vii) carry out, in general, conduct that abstractly constitutes civil, administrative or criminal offences.
12.6. In the event of failure to comply with these Conditions, the User's Account may be limited, suspended or cancelled, without prejudice to compensation for any damage, pecuniary or otherwise, possibly caused by the violating conduct.
12.7. Navigation of some sections of the Site is also possible by unregistered Users. However, for the full and complete use of the Services offered by the Site, registration on the Platform and the creation of a password-protected account may be necessary.
12.8. The User of the Site, through the relevant guided procedure, may register as a Buyer.
Activating a Supplier account will, however, require the start of a different procedure, partially external to the Platform.
12.9. The User may proceed at any time to cancel his/her account by accessing his/her Personal Profile and clicking the “Delete Account” button. Following the cancellation request by the User, all of the User’s personal data will be deleted and erased, without prejudice to any further processing required by law, motivated by contractual obligations, or connected to a legitimate interest.
- Special provisions – supplier users
13.1. The Platform reserves the right to accept or reject, at its discretion, registration requests from Supplier Users.
13.2. Once accepted as Suppliers, Users shall provide the Platform with documentation and certifications suitable to guarantee the quality and safety of the Products to be published on the Platform, as well as complete and accurate information relating to the Products themselves.
13.3. Mayermoover Srl, at its discretion, reserves the right to request any additional documentary integrations or certifications from Suppliers.
13.4. The Seller shall not be liable for any damage caused by the use of the Products published on the Platform by the Suppliers, who shall remain solely responsible for the quality, safety and conformity of the Products sold on the Site, with an express commitment to provide accurate and complete information relating to the Products themselves.
13.5. The Seller reserves the right to suspend or cancel the sale of Products by a Supplier in the event of violation of the policies or procedures of the Platform or in the event of quality or safety problems of the Products published by the same. In any case, in the event of quality or safety problems of the Products, the Suppliers undertake to collaborate with the Seller to resolve the problem and to guarantee refunds or compensations possibly due to the Buyers.
- Special provisions – reseller users and regular customers
14.1. The Platform undertakes to provide Retailer Users and Regular Customers with a dedicated purchasing experience and to guarantee maximum transparency, clarity and completeness in the information relating to the Products put up for sale on the Site.
14.2. Reseller Users and Regular Customers will be able to benefit from special purchasing conditions, depending on the quantities purchased, which will be agreed separately between the Platform and the Buyer.
- Necessary Equipment and Interruption of Services
15.1. The Site has been designed to be compatible with the most commonly used browsers (for example: Microsoft Edge, Google Chrome, Mozilla Firefox), in their updated versions.
15.2. The correct display of the contents will require that the device used is connected to the Internet with a minimum connection speed of 2 Mps. Any costs related to said connection are the sole responsibility of the User.
15.3. The User knowingly accepts any limitation that may result from the failure to possess the technical requirements identified above, undertaking to verify that he/she is equipped with hardware, software and anything else necessary to use the services, as well as to periodically verify the requirements for their functioning and to regularly update his/her technical equipment, assuming all related responsibility.
15.4. The right to modify, by giving notice to registered Users, the compatibility with certain hardware and software remains intact.
15.5. Since the usability of the Portal also depends on factors beyond the control of Mayermoover Srl, such as, for example, hardware, software and communication networks, often managed by third parties, any malfunctions not attributable to the Seller's conduct cannot be charged to him.
15.6. In order to provide a service adequate to the User's expectations and to carry out maintenance and/or management activities of the equipment aimed at obtaining a better functioning of the Platform, its functions may be temporarily suspended or limited, without this resulting in any liability towards the User.
16. Exclusion and limitation of liability
16.1. The Seller shall not be liable for any direct, indirect, consequential or special damages arising out of the use or inability to use the Portal, including, but not limited to, lost profits, business interruption or loss of data. Furthermore, the Seller shall not be liable for any damages caused by the improper use of the Portal by the User or for any errors or omissions on the Portal.
16.2. The Site may contain third-party links through which you can access external websites, in no way affiliated with the Platform, which will not be responsible for examining or evaluating the contents or accuracy of such websites, expressly excluding any liability in relation to the same.
16.3. Mayermoover Srl will not be liable for any damages connected to the purchase or use of goods, services, resources, contents or any other relationship established through the use of third-party websites, whose policies and procedures must have been analyzed by the User, before carrying out any activity. Complaints, requests, doubts and questions on the services offered by third parties must be addressed directly to the interested third parties.
17. Changes
17.1. The Seller reserves the right to modify, at its discretion and without notice, these Conditions, as well as the prices and characteristics of the Products on sale.
17.2. The changes are effective from the date of publication of the same on the Site and only for orders submitted after that date.
17.3. In any case, it is possible to check any previous versions of the Conditions in the appropriate section of the Site.
18. Partial invalidity
18.1. The possible presence of invalid or, in any case, ineffective clauses, will not cause the nullity of these Conditions, resulting, where possible, in the replacement of the invalid and/or ineffective clause with mandatory rules, with another clause agreed between the parties, or the inoperability of the sole clause deemed null.
19. Applicable law and competent court
19.1. Any dispute relating to the application, execution, interpretation and violation of contracts stipulated through the Site, without prejudice to any prevailing mandatory rule of the country of habitual residence of the Customer who qualifies as a Consumer, is interpreted in accordance with Italian law and subject to the same.
19.2. Any dispute that cannot be resolved amicably will be under the exclusive jurisdiction of the Court of Treviso.
20. Online platform for alternative dispute resolution (ODR)
20.1. The Consumer Customer is informed that, pursuant to Article 14 of EU Regulation no. 524/2013, the European Commission has established an online platform for the resolution of ODR ( Online dispute resolution ) disputes arising from the purchase of goods online. On this platform, made accessible at https://ec.europa.eu/consumers/odr/main , the Consumer Customer will be able to find a list of alternative dispute resolution bodies, accompanied by their respective links, and start the relevant online dispute resolution procedure.
- Processing of personal data
21.1. The Platform collects and processes the personal data of Users in accordance with the privacy rules and the related Policy, available on the Platform at the following link .
21.2 . The User agrees that the Platform uses his/her personal data to provide the Products and for other purposes described in the Privacy Policy.