Sales Terms

1. General Provisions

1.1 These general terms and conditions of sale govern all sales of Products, as defined below, by MT Distribuzione srl, with registered office at Via G. Morgagni, 26/A 37135 - Verona, Italy, VAT No. 02939180234, email info@mtdistribuzione.it, through the website www.mtdistribuzione.it, in the version published at the time of the Order (as defined below).

In addition to other definitions contained in these General Terms and Conditions of Sale, the following terms shall have the meanings set forth below:

"Traditional Products" means all products and services that may be sold by MT Distribuzione on the Site other than Digital Products and Products with Digital Elements;

"Digital Products" means digital content and services that may be sold by MT Distribuzione on the Site such as, but not limited to: a) content provided by MT Distribuzione in digital format; b) services that allow the creation, transformation or storage of data in digital format uploaded or created by the Customer or other users of the service or any other interaction with such data; c) services that allow the sharing of data in digital format; d) computer programs, applications; e) digital content provided on a physical medium, such as memory cards, as well as the physical medium itself that serves exclusively as the carrier of said digital content; f) software and licenses as a service.

"Products with Digital Elements" means any product that may be sold by MT Distribuzione on the Site that incorporates or is interconnected with digital content or a digital service in such a way that the absence of this digital content or service would prevent the product from performing its proper functions, such as, but not limited to, any data produced and provided in digital form (such as operating systems, applications and any other software) incorporated or interconnected with a product;

"Products" collectively means Traditional Products, Digital Products and Products with Digital Elements.

1.2 The offer of Products on the Site is directed exclusively to professionals and legal entities. In consideration of its commercial policy, MT Distribuzione reserves the right not to process Orders (as defined below) from subjects other than Customers or that are not in compliance with its commercial policy.

1.3 MT Distribuzione does not sell Products to minors under 18 (eighteen) years of age. The Customer assumes all responsibility for any untruthful information in this regard.

1.4 MT Distribuzione reserves the right to provide or set quantitative purchase limits for certain Products by the same Customer. Such limitations will be indicated in specific special conditions, applicable in addition to these General Terms and Conditions of Sale, ("Special Conditions") reported in the relevant Product Pages (as defined below).

1.5 MT Distribuzione invites the Customer to carefully read these General Terms and Conditions of Sale as well as any Special Conditions reported on the Product Page and to print them or otherwise keep a copy before proceeding with any purchase. On the following page, it is possible to consult at any time the General Terms and Conditions of Sale applicable on the date of the Order (as defined below). MT Distribuzione will, in any case, send the Customer a copy of the Order with all necessary information also via email.

2. Products and Availability

2.1. The essential characteristics and other information relating to the Products, together with their price and any applicable Special Conditions, are indicated on the Site, in the information sheets for each Product ("Product Pages" or individually "Product Page").

2.2. The catalog of Products published on the Site is updated daily and may differ from that present in individual MT Distribuzione stores. MT Distribuzione does not guarantee that Products available on the Site are also present in MT Distribuzione stores and vice versa.

2.3. The graphic representation of the Products displayed on the Site is merely indicative and may differ from reality; the Customer should therefore rely on the description of the Product and its characteristics reported on the Product Page or verify its correctness on the manufacturer's website.

2.4. The Products displayed on the Site can be: All products on the website are orderable. If they are not in stock, they will be ordered and delivery times will depend on the manufacturers.

2.5. Products placed in the cart remain stored for 30 (thirty) days from the last update. After this period, the cart will be automatically emptied. If during this period, the selected Product becomes no longer available, it will be automatically reported in the cart.

2.6. Updates. The Customer is aware that Digital Products and Products with Digital Elements may be updated by their respective manufacturers based on what is expressly provided in the technical documentation, manuals, and any instructions for use of the Digital Product and Products with Digital Elements.

3. Prices

3.1 The sales prices of the Products published on the Product Pages are expressed in Euro and exclude VAT. Any delivery costs, as indicated in the dedicated section of the Site and in the related cart pages, must be added to the price of the Products.

3.2 The prices of the Products on the Site may differ from those in MT Distribuzione stores and may vary daily, both increasing and decreasing. The Customer is therefore required to update their browser cache in order to view the updated price on the Product Page. The updated price applied to the Order is always displayed on the cart pages.

4. Order Submission Method and Conclusion of the Sales Contract

4.1 To submit an Order, the Customer must register and/or authenticate on the Site.

4.2 To submit an Order, the Customer must: a) select a Product and click on "Add to Cart" to proceed to the next steps; by accessing the "My Cart" area, the Customer can, among other things: view the details of the Product and price; verify and correct their data; modify the quantities of Products or remove Products added to the cart; add other Products by clicking on the "Add other products" button or returning to the home page and adding additional Products to the cart; view the available payment methods and related details and select the chosen payment method; accept the General Terms and Conditions of Sale and submit the Order by clicking the "confirm and submit order" button.

4.4 Before submitting the Order, the Customer can view at any time the summary of the Products, with details of prices and any expenses, selected delivery and payment methods, as well as verify and correct their data. There is also the possibility to indicate a delivery address different from one's own, in which case the order holder guarantees to be authorized to communicate the personal data necessary for the identification of the recipient.

4.5 The sales contract is concluded when the Customer submits the Order to MT Distribuzione.

4.6 After submitting an Order, the Customer will receive an email containing a summary of the information relating to the essential characteristics of the Product, detailed indication of the price and applicable taxes as well as any delivery costs. The Order will in any case be archived and made accessible to the Customer at any time within their personal MT Distribuzione page.

4.7 MT Distribuzione will send the Customer a third email confirming the shipment of the purchased Product(s).

5. Payment Methods and Invoice

5.1 The Customer can pay for the Products and any shipping costs using the payment methods indicated on the Site before submitting the Order.

5.2 MT Distribuzione accepts the following payment methods, according to the terms and conditions indicated on the Payment Methods page: credit or prepaid card (Stripe): in case of payment by credit or prepaid card, the total cart amount will be charged at the time of Order submission and conclusion of the sales contract. PayPal: in case of payment with PayPal, the charge will occur at the time of Order submission and conclusion of the sales contract. In case of cancellation by the Customer, the amount paid will be promptly credited back to the same PayPal account; in-store payment: in-store payment is only possible if in-store pickup is chosen as the delivery method. In-store payment can be made by cash, credit card, debit card; in case of non-payment and simultaneous non-collection of the purchased Products within 10 (ten) days from the date of communication of availability for pickup, MT Distribuzione will have the right to terminate the sales contract pursuant to and for the effects of art. 1456 of the Civil Code by sending an email to the Customer; advance bank transfer: payment by bank transfer must be made at the time of order and a copy of the payment confirmation must be sent to the email address info(at)mtdistribuzione.it; in case of non-receipt of payment within five (5) days from the order, MT Distribuzione will have the right to terminate the sales contract pursuant to and for the effects of art. 1456 of the Civil Code by sending an email to the Customer; Payments agreed with MT Distribuzione: this personalized payment formula is at the discretion of MT Distribuzione and must be agreed with the customer.

Depending on the selected Products and/or delivery methods, some payment methods may not be available.

5.3 The data for issuing the invoice must be those entered by the Customer in the billing address field and no changes to the invoice are allowed after its issuance. There is also the possibility to indicate a billing address different from one's own, in which case the order holder guarantees to be authorized to communicate the personal data necessary for the identification of the recipient.

6. Delivery Methods for Traditional Products and Products with Digital Elements and Supply Methods for Digital Products

6.1. Before submitting an Order for Traditional Products or Products with Digital Elements, the Customer can view the available delivery methods and any costs. MT Distribuzione makes available the following delivery methods for Traditional Products or Products with Digital Elements, according to specific conditions, times and costs.

6.2. MT Distribuzione will proceed with the delivery of Products only after payment has been received from the Customer.

6.3. The expected delivery times are indicated on the relevant Site pages mentioned above and on the cart pages, but these are indicative and not binding.

6.4. For the delivery of certain types of Traditional Products or Products with Digital Elements to certain hard-to-reach locations, an additional cost may be requested. Such potential costs will in any case be clearly communicated to the Customer.

6.5. The Customer will receive an email confirming the availability for in-store pickup or the shipment of the Traditional Product or Product with Digital Elements, depending on the selected delivery method.

6.6. After receiving the email confirming the shipment of the Traditional Product or Product with Digital Elements, cancellation or modification of the Order by the Customer may no longer be possible.

6.7. The Customer, at the time of delivery of Traditional Products or Products with Digital Elements by the courier or when picking them up at a store, is required to verify: that the number of packages being delivered corresponds to that indicated on the delivery document; that the packaging and related seals are intact, undamaged, not wet or altered in any way.

Any damage to the packaging and/or to the Traditional Product or Product with Digital Elements or the mismatch in the number of packages or indications must be immediately contested in writing on the courier's delivery document. Once the courier's document has been signed without the Customer having raised any exceptions, the Customer will not be able to raise any objection in this regard, without prejudice to the provisions regarding the legal warranty of conformity in article 8.

6.8. In case of choosing delivery via in-store pickup, the Customer will be notified of the period of time within which they are required to pick up the Traditional Product or Product with Digital Elements starting from the receipt of the email communicating the availability of said Product for pickup, in any case not less than 5 (five) working days.

6.9. The risk of loss or damage to Traditional Products or Products with Digital Elements is transferred to the Customer when the latter (or a third party designated by them and different from the courier) physically takes possession of said Product.

6.10. MT Distribuzione undertakes to make Digital Products available or accessible to the Customer in the following ways: in case of an Order containing only Digital Products, the relative code or link will be provided without delay after receipt of payment from the Customer; with a specific email in case of a mixed Order, therefore composed of Digital Products and Traditional Products, the relative code or link will be provided after delivery of the Traditional Products included in the same Order. Without prejudice to the provisions of the subsequent art. 6.11, if MT Distribuzione should not provide the Digital Products within the above-mentioned times, the Customer may request MT Distribuzione via email communication to the addresses indicated in art. 10.2 of this document that said Products be made available or accessible.

6.11. Where MT Distribuzione, after the purchase of the Digital Product by the Customer, has communicated in writing to the Customer that it will not provide the Digital Product, the Customer may immediately terminate the related sales contract.

7. Withdrawal

The right of withdrawal is excluded for natural persons with a VAT number (sole proprietorships) or in any case for companies in general.

8. Legal Warranty - Remedies for Lack of Conformity

In case of receipt of products that do not conform to orders or are defective, the customer has the right to restore the conformity of the product at no cost through repair or replacement of the product. The customer can exercise this right if the defect manifests within 12 months from the delivery of the goods and reports the defect to MT Distribuzione within two months from discovery. Subsequently, the customer must proceed to create a case by sending an email to the address info (at) mtdistribuzione.it indicating the order number and the code of the defective product, as well as the problem encountered.

9. Applicable Law and Jurisdiction

9.1. These General Terms and Conditions of Sale and, consequently, the sales contracts concluded online between MT Distribuzione and Customers, are governed by and interpreted according to Italian law. In particular, Legislative Decree No. 70 of April 9, 2003 on electronic commerce applies and, if Customers are consumers, Legislative Decree No. 206 of September 6, 2005 as amended (Consumer Code) applies.

9.2. Any dispute arising from the interpretation, validity and/or execution of these General Terms and Conditions of Sale and related contracts, if the Customer is a consumer, will be under the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the Customer.

10. Complaints and Online Platform for Alternative Dispute Resolution (ODR)

10.1. Without prejudice to the provisions of article 9 above, with these General Terms and Conditions of Sale the Customer is informed that, pursuant to EU Regulation no. 524/2013 and Legislative Decree no. 130 of August 6, 2015, an online platform for the resolution of ODR ("online dispute resolution") disputes arising from online purchases of goods has been established by the European Commission.

11. Modifications to the General Terms and Conditions of Sale and Digital Products

11.1 MT Distribuzione reserves the right to modify the Site and these General Terms and Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The Customer will be subject to the policies and terms of the General Terms and Conditions of Sale in force from time to time at the moment they order products from MT Distribuzione, unless any modifications are required by applicable law or competent authorities.

11.2 MT Distribuzione reserves the right to modify a Digital Product during the duration of the related sales contract not only to maintain its conformity, but also in case of modification or update of the characteristics and functionalities of the Digital Product.

Last update 30/01/2025