General terms of sale
General sales conditions for online purchases on the site www.magicpaint.it
Elisir Home S.r.l. with registered office at Corso Giacomo Matteotti 49 – 10121 Turin (TO), and operational headquarters at Statale per Spineto n. 61/2 – 10081 Castellamonte (TO), VAT and Tax Code: 12192180011 - SDI code: W7YVJK9 (hereinafter, “Elisir Home”) makes available to all users the possibility to purchase via the internet the Products branded Magic Paint through the website www.magicpaint.it (hereinafter the “Magic Paint Website”), of which Elisir Home is the sole and exclusive owner.
1) General notes
These general sales conditions (hereinafter, the “General Conditions”) apply exclusively to distance sales via the web of the Products shown on the Magic Paint Website, governed, as far as not expressly provided for by these General Conditions, by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) in the case of a user defined as a “consumer” pursuant to Article 3 of the Consumer Code, or by the Civil Code in the case of a user defined as a “professional” pursuant to Article 3 of the Consumer Code, as well as by the regulations on electronic commerce (Legislative Decree No. 70/2003 and subsequent amendments).
In case of changes to the general conditions, the general conditions published on the site at the time of sending the order by the Customer will apply to the purchase order.
Before proceeding with the purchase of Products on the Magic Paint Website according to the methods established in these General Conditions and indicated on the Magic Paint Website, the Customer expressly declares to have read carefully and fully accepted the content of these General Conditions as well as having taken note of all indications provided during the purchase procedure.
The brand "Magic Paint" is owned by Elisir Home.
2) Definitions
The term "General Conditions" refers to this document.
The term "Customer/s" generally refers to the individual, whether a consumer or professional, who makes a purchase of Products on the Magic Paint website.
The term "Product/s" refers to all the Products marketed by Elisir Home on the Magic Paint website and part of its assortment.
The term "Magic Paint Website" refers to the set of web pages accessible by typing the URL: www.magicpaint.it.
The term "Purchase Order/s" refers to the order from the Customer – containing the details of the Products – generated by the system following the confirmation of the payment.
The term "Sales Contract" refers to the sales contract concluded between the Customer and Elisir Home with the Purchase Order confirmed by Elisir Home following the payment of the specified amount.
3) Purchase order
The Customer can purchase the Products as illustrated in the information sheets available on the Magic Paint website.
To proceed with the completion of the Purchase Order, the Customer may alternatively follow the following methods:
a) in the event that the Customer is already a registered user, it will be sufficient to log in to the payment area by entering their access credentials;
b) in the event that the Customer is not a registered user, they can enter the required data in the appropriate form necessary to make the purchase. The Customer, before proceeding with the purchase, can register at any time by completing the relevant online procedure.
The Customer, by following the purchase procedure indicated on the Magic Paint website, can choose the Products of interest, check the total value of the Products they intend to purchase including the related delivery costs.
The Purchase Order, once finalized with payment, cannot be modified or canceled, except as provided in the paragraph "Right of withdrawal."
All Purchase Orders must be fully completed in every part and must contain the exact identification of the ordered Products, the Customer, and the delivery location of the Products.
4) Methods of contract conclusion
The Purchase Order serves as the contractual proposal of the Customer expressed online.
The Order Confirmation from Elisir Home, sent to the Customer at the email address provided by them, confirms the order details and serves as acceptance of the contractual proposal.
The Order Confirmation from Elisir Home will occur only after payment for the Products specified in the Purchase Order.
The Sales Contract is considered concluded and binding for both parties at the moment the Order Confirmation of purchase is sent to the Customer.
The Order Confirmation will contain a summary of the order, which includes the purchased Products, the price of the purchased good, shipping costs, and any additional charges, the address where the Product will be delivered, and the type of delivery chosen by the Customer.
Elisir Home reserves the right to refuse the purchase proposal submitted, by way of example and not limited to, in the following cases: provision of false personal data; previous non-fulfillment by the Customer, for any reason, towards Elisir Home; subjecting to bankruptcy procedures; lack of availability of the Products - for any reason - in the warehouses and in any other case incompatible with economic interests and company policies.
The order number, generated by the system and communicated by Elisir Home, must be used in all communications with Elisir Home.
5) Prices
All prices of the Products indicated on the Magic Paint website include VAT, but exclude any shipping costs, which must be added to the total amount to be paid, and are those in effect at the time of sending the order, without any consideration of previous offers or any subsequent price changes. In case of VAT changes included in the prices, Elisir Home will be obliged to comply with the regulations in force.
If, due to unforeseen circumstances or technical failures beyond the control of Elisir Home, the price indicated on the Magic Paint website is found to be manifestly lower than the actual price applied to the offered good, Elisir Home will promptly contact the Customer, who can choose to pay the price difference and receive delivery of the good or to obtain an immediate cancellation of the order, with subsequent refund of the amount paid.
For certain types of Products, Elisir Home may impose a minimum order quantity to proceed with the purchase. This requirement will be clearly indicated on the product description page, where both the unit price and the total price corresponding to the minimum quantity required will be stated.
6) Payment methods
The payment for the order must be made using the methods indicated below.
- BANK TRANSFER
The payment must be made to the current account registered to Elisir Home S.r.l. at Banca Unicredit – Rivarolo Canavese (TO)
IBAN: IT03D0200830860000105780752
Swift/bic code: UNCRITM1DL8 Reason: order number and name
In the case of using this payment method, the bank transfer must be made within 5 working days from the receipt of the order confirmation email. The products selected at the time of the order will be reserved for 8 working days and, in the event of non-crediting of the amount within this period, the order will be automatically canceled.
- PAYPAL
In the case of using this payment method, any refund of the amount paid will be made by Elisir Home directly to the Customer's PayPal account. Elisir Home will not be responsible for any delays in the refund caused by PayPal services.
- CREDIT CARDS (VISA, MASTERCARD, AMERICAN EXPRESS, AURA CARD) - PREPAID CARDS ENABLED FOR ONLINE PAYMENTS - POSTEPAY CARD
In the case of using this payment method, the charge on the card used occurs simultaneously with the completion of the online transaction. Any refund of the amount paid will be made by Elisir Home by reversing the purchase transaction and consequently crediting the corresponding amount back to the credit card used by the Customer. To make a payment with a credit card, the Customer will be redirected to the secure server of the bank chosen by Elisir Home and equipped with 3DSecure technology; therefore, all information related to the payment (credit card number, its validity, etc.) will be transmitted directly to the relevant bank.
- CASH ON DELIVERY
In the case of using this payment method, a surcharge of € 5.50 will be charged to the amount due from the Customer, due to the costs of managing the money by the courier.
- SATISPAY
In the case of using this payment method, any refund of the amount paid will be made by Elisir Home directly to the Customer's Satispay account. Elisir Home will not be responsible for any delays in the refund caused by Satispay services.
- SCALAPAY
- APPLE PAY
- GOOGLE PAY
Payment can also be made using one or more Gift Cards or Magic Paint Discount Vouchers. The entire order can be paid for using only Gift Cards or Discount Vouchers, or, in the event that the total amount of the Gift Card(s) or Discount Voucher(s) is not sufficient to cover the entire amount due, by a combined use of these and, for the difference, one of the payment methods listed above. Any remaining balance of the Gift Card(s) or Discount Voucher(s) will be automatically indicated by the system at the time of payment and can be used for any subsequent orders in accordance with the terms of use and/or expiration of the Gift Cards or Magic Paint Discount Vouchers. For security reasons regarding transactions, Elisir Home reserves the right to request a copy of an identity document of the credit card holder.
Elisir Home will issue an electronic invoice related to the order only if the Customer selects the telematic channel for receiving the electronic invoice during the purchase phase. By leaving the option "I do not want the invoice" selected, the Customer declares that they do not wish to receive an invoice and it will not be possible for Elisir Home to issue it after the conclusion of the order. The electronic invoice will be received by the Customer on the telematic channel indicated during the purchase. The information provided by the Customer themselves will be used for the issuance of the invoice. The electronic invoice cannot be modified after issuance.
7) Delivery
The delivery of the Products, based on the choice made by the Customer at the time of the order, can be made by pickup by the Customer at the operational headquarters of Elisir Home at Statale per Spineto n. 61/2 – 10081 Castellamonte (TO), or through shipping via a courier and/or trusted shipper throughout Italy, including islands, at street level.
IN-STORE PICKUP
The Customer, following the receipt of communication via email from Elisir Home containing confirmation regarding the preparation of the placed order, may go to the operational headquarters of Elisir Home at Statale per Spineto n. 61/2 – 10081 Castellamonte (TO) during the time slot and on the date of delivery indicated by the latter.
The purchased Products will remain in stock for a maximum of 3 (three) calendar days from the date of collection indicated by Elisir Home. At the time of delivery, the Customer must present the Order Confirmation and check that the delivered Products match what is stated in the order. It will be the Customer's responsibility to transport the Products outside the collection area and load them onto their own means of transport. In case of visible defects, such as incorrect quantity and/or incorrect Product, the Customer must report the aforementioned anomalies immediately, directly in the store. In case of failure to collect the purchased Products by the Customer, within the expected storage period, Elisir Home will proceed with the cancellation of the order and the refund of the amount paid by the Customer.
SHIPPING
The cost of shipping by courier will be duly highlighted in the Purchase Order at the time of payment and will be included, along with the price of the goods, in the "Total order" due from the Customer.
The shipping cost is not due from the Customer for Purchase Orders over € 60.00.
At the time of placing the order, the estimated delivery date will be indicated. This date is purely indicative as it indicates the day from which the delivery of the order is expected; no responsibility can be attributed to Elisir Home in case of non-compliance by the courier. Delivery will be made by the courier at a time between 09:30 and 17:30 from Monday to Friday, without an appointment. In case of the Customer's absence, a new delivery attempt will be made on the next working day. If the second attempt fails, the Customer can collect the order within the next 15 working days at the location indicated in the notice left in the mailbox. After 15 working days, the order will be automatically canceled, and the Customer will be refunded the value of the order itself minus the delivery charges, which will remain the Customer's responsibility.
The Customer can track their order by accessing the "Track and manage your order" page on the Magic Paint Website.
8) Right of withdrawal
If the Customer is a "Consumer," as defined in Article 3 of the Consumer Code, they are entitled to the rights provided for in Articles 52 et seq. of the Consumer Code, and therefore the right to withdraw from the Sales Contract (right of withdrawal) for any reason, without explanations and without any penalty, in the manner specified below.
The withdrawal may concern all (total withdrawal) or only part (partial withdrawal) of the Products purchased by the consumer on the Magic Paint Website. The withdrawal period expires 14 days after the day on which the consumer or a third party, other than the courier and designated by the consumer, takes physical possession of the Product(s).
The right of withdrawal is exercised, before the expiration of the withdrawal period, in the following ways:
by sending a communication to Elisir Home, containing the indication of the order number and the expression of the intention to exercise the total or partial right of withdrawal, by registered mail addressed to the operational headquarters of Elisir Home at Statale per Spineto n. 61/2 – 10081 Castellamonte (TO),
via email to the address info@magicpaint.it
- via P.E.C. to the address elisirhomesrl@legalmail.it
The withdrawal communication must specify the intention to withdraw from the purchase and the Product(s) for which the right of withdrawal is to be exercised.
Following the correct exercise of the right of Withdrawal, as outlined in Articles 52 and following of the Consumer Code, Elisir Home:
a) in the event that the delivery of the goods has not yet been made, it will send a confirmation communication to the consumer Customer;
b) in the event that the delivery has already taken place, it will forward to the consumer Customer, via email, the practice number. This number must be indicated by the Customer at the time of returning the Product(s). The return of the Product(s) must take place within 14 days from the date on which the consumer Customer communicated their decision to withdraw pursuant to Article 52 of the Consumer Code. The aforementioned deadline will be respected if the consumer Customer reships or returns the Product(s) subject to withdrawal before the expiration of the 14 days.
The consumer Customer may return the Product(s) by going to the operational headquarters of Elisir Home at Statale per Spineto n. 61/2 – 10081 Castellamonte (TO), or by arranging for the relevant shipment. The shipping costs related to the return of the Product(s) subject to withdrawal are the responsibility of the Customer, and the return is under the complete responsibility of the Customer.
The Product(s) subject to withdrawal must be intact and in normal condition, placed in the original packaging, complete in all its parts (including packaging and any accompanying documentation); otherwise, Elisir Home may refuse to refund the price of the Product(s) subject to withdrawal.
If the right of withdrawal has been correctly exercised according to the provisions of Articles 52 and following, and the provisions of these General Conditions, Elisir Home will refund the consumer the amount paid for the purchase of the returned Product(s), excluding any shipping costs paid at the time of the order, within 14 (fourteen) days from the day it was informed of the consumer's decision to withdraw from the purchase contract. In the event that, due to partial withdrawal, the price of the Products purchased by the Customer falls below € 60.00, Elisir Home will withhold from the amount to be refunded to the Customer the sum corresponding to the shipping costs incurred for the delivery of the goods and not charged at the time of the order. The amount due to the Customer as a result of the withdrawal will be refunded using the same payment method used by the consumer for the initial transaction, unless the consumer expressly requests otherwise. Elisir Home, pursuant to and for the effects of Article 56 of the Consumer Code, reserves the right to withhold the refund until it has received the Product(s).
The provisions of this article do not apply to non-consumer Customers – "professionals," as defined in Article 3 of the Consumer Code – who do not have any right of withdrawal for orders placed on the Magic Paint Website.
9) Assistance for Information and Complaints
The Customer can receive assistance and make complaints regarding orders by contacting Elisir Home through the following contacts:
Tel.: 0124513529
Whatsapp: +393318077760
E-mail: info@magicpaint.it
10) Legal warranties
Legal warranty for the consumer Customer: the consumer Customer, as defined in Article 3 of the Consumer Code (Legislative Decree September 6, 2005, no. 206), has the right to avail themselves of the legal warranty provided by the Consumer Code itself in Articles 128 to 135 septies. In the event of a conformity defect regarding the goods sold by Elisir Home, the consumer shall have the right to request the replacement of the Product, without prejudice to other rights provided by law in their favor. By virtue of the above legal warranty, Elisir Home is responsible for conformity defects that manifest within 2 (two) years from the delivery of the Product. Beyond this term, Elisir Home shall not be responsible for conformity defects found by the consumer. In the event of replacement of the Product, the terms of the warranty related to the replaced Product are the same as those of the original Product. Therefore, the overall two-year duration of the legal warranty will still commence from the delivery of the original Product. In any case, for the regulation of the legal warranty, reference is made to the provisions of the Consumer Code in Articles 128 and following.
- Legal warranty for the non-consumer Customer (professional): the professional Customer, as defined in Article 3 of the Consumer Code, has the right to avail themselves of the legal warranty provided in the Civil Code. This warranty provides, among other things, that the professional, under penalty of forfeiture, must report to Elisir Home any defect found in the purchased Product within 8 (eight) days from discovery. The above Legal Warranty is valid for a maximum period of 12 (twelve) months from the delivery of the Product. Beyond this term, Elisir Home shall not be responsible for defects found by the professional.
11) Applicable law and competent court
These General Conditions are subject to Italian law.
For any dispute regarding the validity, interpretation, or execution of the Sales Contract, the Court of Turin shall have exclusive jurisdiction, without prejudice to the jurisdiction of the Court of residence of the Customer in the event that the latter qualifies as a consumer under the Consumer Code.
