These Terms govern:

  • the use of this Website and
  • any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized terms are defined in the relevant section of this document.

Users are kindly requested to read this document carefully.

This Website is a service of:

Maria SRL

Via Imperia, 2

20142 Milano (MI)

Owner’s email address: info@mariasrl.it

At a glance

  • Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
  • The use of this Website and the Service is reserved for adult Users according to applicable law.
  • The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set out in this section are generally valid.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

  • There are no restrictions for Users concerning whether they are Consumers or Professional Users;
  • The User is of legal age according to applicable law;

Registration

To use the Service, Users may open an account providing all required data and information in a complete and truthful manner.

It is not possible to use the Service without opening a User account.

It is the responsibility of Users to keep their access credentials securely and to maintain their confidentiality. For this purpose, Users must choose a password that corresponds to the highest level of security available on this Website.

By creating an account, the User agrees to be fully responsible for all activities conducted through their access credentials. Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials, or personal data, has been violated, unlawfully disseminated, or stolen.

Registration Requirements

The registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.

  • The creation of accounts through bots or other automated methods is not permitted.

Account Closure

The User is free to close their account and cease using the Service at any time, following this procedure:

  • By contacting the Owner using the contact details in this document.

Suspension and Cancellation of Accounts

The Owner reserves the right to suspend or cancel a User’s account at any time at its own discretion and without notice, if deemed inappropriate, offensive, or in violation of these Terms.

Suspension or cancellation of the account does not give the User any right to compensation, refund, or indemnification.

The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner takes great care to ensure that the content available on this Website does not violate applicable legislation or third-party rights. However, it is not always possible to achieve such a result.

In such cases, without prejudice to any legally exercisable rights and claims, Users are kindly asked to address the relevant complaints to the contact details specified in this document.

Rights on Content of this Website

The Owner holds and expressly reserves all intellectual property rights on the aforementioned content.

Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitations, it is prohibited for Users to copy, download, share beyond the specified limits, modify, translate, process, publish, transmit, sell, sublicense, transform, transfer/assign to third parties or create derivative works from the content available on this Website, or allow third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that the authorship of the work is observed as well as any other relevant circumstance requested by the Owner.

The limitations and exclusions provided by copyright law remain firm.

Access to External Resources

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any grants of rights over content, are determined by those third parties and regulated in their terms and conditions or, in their absence, by law.

How to Submit a “Takedown Notice” (also known as “DMCA Notice”)

If a copyright owner or their representative believes that the content of this Website violates their rights, they can send a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the copyright agent of the Owner in writing with the following elements (see 17 U.S.C 512(c)(3) for more information):

  • The physical or digital signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if the notice refers to multiple works on the same site, a summary list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to allow the Owner to contact the complaining party, such as an address, telephone number, and, if available, an email address;
  • A statement by the complainant that they believe in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to meet these requirements may result in the invalidity of the notification under the DMCA.

The copyright infringement notification may be sent to the Copyright Agent of the Owner at the contact details indicated in this document.

Permitted Use

This Website and the Service may be used only for the purposes for which they are offered, according to these Terms and under applicable law.

It is the exclusive responsibility of the User to ensure that the use of this Website and/or the Service does not violate the law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, to terminate contracts, to report any objectionable activity carried out through this Website or the Service to the competent authorities – e.g., judicial or administrative authorities – whenever a User engages in or is suspected of engaging in:

  • violations of law, regulations, and/or the Terms;
  • injury to third-party rights;
  • acts that may significantly prejudice the legitimate interests of the Owner;
  • offenses to the Owner or a third party.

“Word of Mouth”

This Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Website.

To take advantage of this opportunity, the User can invite friends to buy Products on this Website by sending them a special code provided by the Owner. Each code can be redeemed once only.

If one of the invited persons purchases a Product on this Website and decides to redeem an invite code, the User who invited them will receive the benefit or advantage (such as, for example, a discount, an additional service, an upgrade, etc.) indicated on this Website.

Invite codes may be redeemable only for certain Products among those offered on this Website.

The Owner reserves the right to terminate the offer at any time at its own discretion.

Although there is no limit to the number of people who can be invited, the number of benefits or advantages that each User can receive for an equal number of redeemed invite codes may be subject to a maximum limit.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on this Website as part of the service are for a fee.

Rates, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description

Prices, descriptions, and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.

Although Products on this Website are presented with the greatest technical accuracy possible, the representation on this Website through any means (including, depending on the case, graphic materials, images, colors, sounds) is intended as mere reference and does not imply any warranty regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase process.

Purchase Procedure

Each step, from choosing the product to sending the order, is part of the purchase process.

The purchase procedure includes the following steps:

  • Users are asked to choose the desired Product and verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can place the order by sending it.

Sending the Order

The sending of the order involves the following:

  • The sending of the order by the User results in the conclusion of the contract and creates an obligation on the User to pay the price, taxes, and any additional charges and expenses as specified on the order page.
  • If the purchased Product requires an action on the part of the User, such as the provision of information or personal data, specifications, or special requests, the submission of the order also constitutes an obligation on the User to cooperate accordingly.
  • Once the order is sent, Users will receive a confirmation of receipt of the order.

All notifications related to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before sending the order, Users are duly informed of all fees, taxes, and costs (including any shipping costs) that will be charged to them.

The prices on this Website:

  • depending on the section the User is consulting include all applicable fees, taxes, and costs or are indicated net of applicable fees, taxes, and costs.

Promotions and Discounts

The Owner may offer special promotions or discounts for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions provided in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or actionable right by Users in the future.

Depending on the case, discounts and promotions are valid for a specific period of time or until stocks are exhausted. Unless otherwise specified, time limitations on promotions and discounts are intended to refer to the time zone of the Owner’s headquarters, as indicated in the contact details in this document.

Means of Payment

Details regarding the accepted means of payment are highlighted during the purchase procedure.

Some means of payment are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this Website.

All payments are managed independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successfully completed.

In case the payment made with one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. If the payment is unsuccessful, the Owner reserves the right to request the User to reimburse any related expenses or damages.

Reservation of Ownership

Until the full purchase price is received by the Owner, the User does not acquire ownership of the ordered Products.

Delivery

Deliveries are made to the address specified by the User and in the manner indicated in the order summary.

At the time of delivery, Users must verify the contents of the package and promptly report any anomalies to the contact details indicated in this document or as described in the delivery slip. Users may refuse to accept the package if it is visibly damaged.

Delivery can occur in the countries or territories specified in the relevant section of this Website.

Delivery times are indicated on this Website or during the purchase procedure.

Non-Delivery

The Owner is not responsible in any way for delivery errors due to inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the courier has been appointed by the User.

In case the goods are not delivered or collected at the time or within the period established, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on further measures.

Unless otherwise specified, each delivery attempt starting from the second will be at the User’s expense.

User Rights

Right of Withdrawal

Unless one of the exceptions listed below applies, the User may enjoy the right to withdraw from the contract within the specified period (normally 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.

Who Enjoys the Right of Withdrawal

Unless one of the exceptions listed below occurs, Users acting as European Consumers are legally entitled to withdraw from online contracts (distance contracts) within the time period specified further below for any reason and without needing justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the User must send to the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. To respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When Does the Withdrawal Period Expire?

  • In the case of purchasing goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the courier – takes possession of the goods.
  • In the case of purchasing multiple goods ordered together but delivered separately or in the case of purchasing a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the courier – takes possession of the last of the goods, lots, or pieces.

Effects of Withdrawal

The Owner refunds all payments received, including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the standard, cheapest delivery offered by the Owner, remains at the User’s expense.

The refund occurs without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment used for the initial transaction. The User does not incur any costs as a result of the withdrawal.

… on contracts for the purchase of physical goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day they communicated their intention to withdraw from the contract.

The term is respected if the delivery of the goods to the courier or to another authorized person occurs before the expiration of the 14-day period described above. The refund can be withheld until receipt of the goods or until the User has provided proof of having returned them.

The User is responsible for the diminution in the value of the goods resulting from the use of the goods other than what is necessary to establish their nature, characteristics, and functioning.

The shipping costs of the return are borne by the User.

Eccezioni al diritto di recesso

There is no right of withdrawal from contracts:

  • for the supply of sealed goods that are not suitable to be returned for hygiene or health protection reasons and have been opened after delivery;

Warranties

Legal Guarantee of Product Conformity According to European Union Legislation

Under European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the quality, functionality, or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of goods applies to items available on this Website in accordance with the laws of the country where they habitually reside.

The national laws of that country may grant such Users broader rights.

In particular, Consumers residing in France can exercise the rights of warranty of conformity within two years from the delivery of the goods without having to produce proof of the defect or non-conformity. The period of time for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.

Exercising the right to warranty, the Consumer can choose between asking for the replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal guarantee of conformity applies regardless of any additional commercial warranty granted by the Owner.

The Consumer may also exercise the right to warranty for hidden defects under the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and a reduction in price.

Consumers who do not act as European Consumers may enjoy rights of warranty of conformity under the legislation of the country in which they habitually reside.

Limitation of Liability and Indemnification

Australian Users

Limitation of Liability

No provision of these Terms excludes, limits, or modifies any warranty, condition, indemnity, right, or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial legislation and that constitutes a right that cannot in any way be excluded, limited, or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new provision of the services or the payment of the cost for their repetition.

US Users

Warranty Disclaimer

The Owner provides this Website “as is” and as available. The use of the Service is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes all conditions, agreements, and warranties of any kind – whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create warranties not expressly stated in this document.

Notwithstanding the above, the Owner and its subordinates, affiliates, officers, agents, co-brand holders, partners, suppliers, and employees do not guarantee that the content is accurate, reliable, or correct; that the Service will be available, uninterrupted and secure at any time or in any particular place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation or from the use of the Service by the User.

The Owner does not guarantee, endorse, ensure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service linked via hyperlink. In addition, the Owner does not participate nor in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising from the content, operation, or use of the Service.

Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The exclusions above may not apply to Users. This Agreement grants Users specific legal rights. Users may enjoy additional rights that vary from state to state. The limitations and exclusions provided by this Agreement apply within the limits permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand holders, partners, suppliers, and employees be held liable for

  • any indirect, intentional, incidental, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising from or related to the use, or the inability to use the Service; and
  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the User’s account or the information contained therein;
  • any errors, mistakes, or inaccuracies in content;
  • personal injury or property damage, of any nature, resulting from the User’s access or use of the Service;
  • any unauthorized access to the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-brand holders, partners, suppliers, and employees be held liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount exceeding the amount paid by the User to the Owner during the preceding 12 months, or the period of duration of this Agreement between the Owner and the User, whichever is shorter.

This section on the limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner had been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental and consequential damages, so the limitations or exclusions above may not apply to the User. These Terms confer specific legal rights to the User, and the User may also have other rights that vary from jurisdiction to jurisdiction. The waivers, exclusions, or limitations of liability under these Terms do not apply beyond the limits provided by applicable law.

Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand holders, partners, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses, including, without limitation, legal charges and expenses arising from

  • the use or access to the Service by the User, including any data or content transmitted or received by the User;
  • the violation of these Terms by the User, including, but not limited to, any violations by the User of any representations or warranties set forth in these Terms;
  • the violation by the User of any third-party right, including, but not limited to, any rights relating to privacy or intellectual property;
  • the violation by the User of any law, rule, or regulation in force
  • any content sent from the User’s account, including, without limitation, misleading, false, or inaccurate information, and also including the case where access is made by third parties with the personal username and password of the User or other security measures, if present;
  • the intentional misconduct of the User; or
  • the violation of any legal provision by the User or his affiliates, officers, agents, co-brand holders, partners, suppliers, and employees, to the extent permitted by applicable law

Common Provisions

No Implied Waiver

The failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.

Interruption of the Service

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other change, giving adequate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or terminate the activity of the Service completely. In case of termination of the Service’s activity, the Owner will endeavor to allow Users to extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, according to legal provisions.

Moreover, the Service may not be available due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without prior written consent of the Owner, granted directly or through a legitimate resale program.

Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs relating to this Website are held exclusively by the Owner or its licensors and are protected under the laws and treaties applicable to intellectual property internationally.

All trademarks – word or figurative – and any other distinctive sign, company name, service mark, illustration, image, or logo appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the laws and treaties applicable to intellectual property internationally.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In such a case, the Owner will give appropriate notice of the changes to Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until accepted by the User. Such a version can be requested from the Owner.

If required by law, the Owner will communicate in advance to Users the date of entry into force of the modified Terms.

Assignment of the Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract all or any of its rights or obligations under these Terms, taking into account the legitimate interests of Users.

The provisions related to the amendment of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the contact details indicated in this document.

Severability Clause

Should any provision of these Terms be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US Users

Any invalid or ineffective provision will be interpreted and adjusted to the extent necessary to make it valid, effective, and consistent with its original purpose.

These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject matter and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject matter.

These Terms will be implemented to the fullest extent permitted by law.

European Users

Should a provision of these Terms be or become null, invalid, or ineffective, the parties will endeavor to amicably identify a valid and effective substitute provision for the null, invalid, or ineffective one.

In case of failure to agree on the terms above, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal discipline.

Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not lead to the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions in the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would result in an excessive and unacceptable burden for one of the parties.

Applicable Law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict of law principles.

Prevalence of National Law

However, notwithstanding the foregoing, if the law of the country where the User is located provides a higher level of consumer protection, that higher level of protection prevails.

Competent Court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who act as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.

CConsumers in the United Kingdom

Consumers based in England and Wales can bring legal action in relation to these Terms in the English and Welsh courts. Consumers based in Scotland can bring legal action in relation to these Terms in the Scottish or English courts. Consumers based in Northern Ireland can bring legal action in relation to these Terms in the Northern Ireland or English courts.

Resolution of Disputes

Friendly Settlement of Disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

Without prejudice to the right of Users to initiate legal action, in case of disputes relating to the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details indicated in this document.

The User may address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or account involved.

The Owner will process the request without undue delay and within 14 days from its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the non-judicial resolution of disputes relating to and stemming from online sales and service contracts.

Thus, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.