Terms and conditions of sale

General terms and conditions of sale

1. Definition and object of the contract

1.1 This contract (hereinafter referred to as the “Contract”), as a distance contract, is governed pursuant to Article 50 of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”). This bargaining obligation has as its object the sale of movable goods between the Company Manitaly S.r.l. via Guglielmo Marconi, 55 – 84013 Cava de’ Tirreni (Sa) P.Iva n°05589400653 and the consumer (the “Customer”). The Contract is understood to be concluded directly through Manitaly’s acceptance of a purchase proposal issued by the Customer by telephone or through the Internet at www.cantalupobespoke.it (“Site”) and/or through other distance selling systems of Manitaly, on the basis of the modalities described in Article 3 below.

1.2 These general terms and conditions of sale (“General Conditions”) and, in particular, the information referred to in Article 59 of the Consumer Code, as provided by Manitaly in the course of the sale, repeated over the phone to the Customer and shown on the Site, shall remain valid and effective until amended and/or supplemented by Manitaly. Any amendments and/or supplements to the General Conditions will be effective as of the date they are communicated to the public and will apply to sales made on or after that date. The latest updated version of these General Conditions is the one available on the Site.

2. Prices

2.1 The sale prices of the products illustrated during the sale, on the Site and/or through any other distance selling systems of Manitaly are inclusive of VAT and/or any other possible tax. Delivery charges are shown during the sale, on the Site and/or through any other distance selling systems of Manitaly.

2.2 The prices of all products are inclusive of VAT and/or any other possible taxes. In addition to the price of the product at the end of the purchase process there may be the addition of the cost of shipping based on the customer’s address.

3. Method of purchase and payment

3.1 The Contract is finalized upon payment by sending the order confirmation to the customer.

3.2 The customer has 24 hours to withdraw from the contract obtaining a full refund, without penalty and without specifying the reason. After the 24 hours, it will no longer be possible to cancel the order as the processing and creation of the custom-made garment will have begun.

3.3 The Customer will be allowed to choose one of the following payment methods: by credit card, prepaid, PayPal, or any other means of payment from time to time indicated as valid by Manitaly through telesales broadcasts or on the Site. No fees will be charged to the Customer for any means of payment chosen.

3.4 In the event that the customer purchases several garments from the same product category for the first time, Manitaly will initially proceed with the packaging of only one garment (upon agreement with the customer), in order to verify the correct fit. As soon as this is confirmed by the customer, Manitaly will proceed with the packaging of the remaining garments.

3.5 The creation of multiple profiles related to one individual and/or related set of anatomical measurements is prohibited. Any profiles that do not comply with this rule will be discontinued. Any right of withdrawal/refund claimed on orders placed with irregular profiles will be forfeited. If discount codes have been used to make purchases from irregular profiles, payment of the amount related to the discount applied will be required. If the balance is not paid, the order cannot be shipped to the customer.

4. Delivery of products – complaints

4.1 The time required for the tailor-made garment is indicated at the time of product selection. Manitaly delivers the products to the address indicated by the Customer within 35 days after the conclusion of the Contract*. During the making of the garment, the Customer can be constantly informed through the contacts on the site.

* The expected date of shipment varies depending on the method of payment and the date of confirmation of anatomical measurements. During national holidays there may be possible delays due to factory closures. Any change in delivery time is communicated to the Customer by e-mail.

4.2 Upon shipment of the goods, the Customer will receive an e-mail at the address indicated at the time of the order containing the tracking number with which to monitor the progress of the delivery.

4.3 If the Customer does not receive the goods or the shipment is subject to unreported delays, the Customer may follow the instructions given in the “Shipping” section or contact Customer Service by all means indicated in the “Contact Us” section.

4.4 Each Manitaly product is manufactured according to a specific non-industrial production process. This implies that a tolerance of variation of 1 cm in the measurements of the garment made from the specific measurements of the patterns is expected and allowed.

4.5 Manitaly constantly invests in providing the most realistic photographic representation of its products. Despite this, due to the digital rendering of images on the web, various light settings of screens, or other external conditions, it is still possible that the representation of products online may not fully conform to reality. By proceeding with the purchase, the customer accepts that there may be minor discrepancies in this regard.

4.6 Any complaints may be made to the following address: Manitaly S.r.l. via Guglielmo Marconi, 55 – 84013 Cava de’ Tirreni (Sa).

5. Obligations of the Customer

5.1 The Customer declares and warrants: (i) that he/she is a consumer according to the provisions of Article 3 of the Consumer Code; (ii) that he/she is of legal age; (iii) that the data provided by him/her for the execution of the Contract are correct and true.

6. Right of withdrawal

6.1 The Customer has the right to withdraw from the concluded Contract, without penalty and without the obligation to specify the reason, within 24 hours of receipt of the order confirmation. The Customer may exercise the right of withdrawal, within the aforementioned period, by expressing by telephone or by e-mail the desire to withdraw from the contract. Once the production process of the tailored and customized garment has begun, it will no longer be possible to stop the process.

6.2 Pursuant to art. 59, second paragraph, of the Consumer Code, the Customer has no right of withdrawal in the case of the supply of made-to-measure or customized products.

To ensure a high service, Manitaly provides for the return of the amount spent upon return of the purchased products within 30 days of shipment of the goods, if the packaged garment has: structural imperfections, fit problems or impossibility of modification. Conditions specified in the Returns and Refunds section.

In this case, the Customer is required to proceed as follows:

– Explain the reasons for the refund by email, and send it to at: info@cantalupogroup.it or by registered mail to the address below, enclosing 3 photos of the worn garment (seen from the front, side, back) so that the defect is visible.

– The claim will be viewed viewed by our Style Advisors, who will notify if it is approved.

– The item to be returned must be boxed in its original packaging and sent at your own expense, along with the return approval form, by traceable shipping method to the address: Manitaly S.r.l. via Guglielmo Marconi, 55 – 84013 Cava de’ Tirreni (Sa)

Within 7 working days of receipt of the item, the amount will be credited back to the same payment method used at the time of purchase if possible (Credit Card on website, PayPal). Otherwise, the customer must communicate within the Return Form the bank details on which they wish to receive the refund.

6.3 Any product sent without following the above procedure will not be accepted and will be returned to the sender, without the issuance of any refund.

6.4 The item is returned undamaged (i.e., unused and complete with all original packaging and accessories) along with the approved Return Form.

6.5 Upon satisfaction of the above conditions, the purchaser is entitled to be refunded the full amount excluding shipping costs. Coupons or Discount Coupons used to purchase the item will be replaced with new Coupons or Discount Coupons to be used for other purchases. The customer must return all items purchased, if they are part of a promotion, to receive a full refund. Any retained items will be charged at full market value.

7. Jurisdiction

7.1 The Contract is governed by Italian Law.

7.2 Any dispute relating to the application, execution, interpretation and breach of the Contract shall be under the jurisdiction of the Court where the Customer has its residence or domicile, if located in the territory of the Italian State, or of the Court of Milan, if the Customer has its residence or domicile abroad.