These General Terms and Conditions of Sale govern the sale of merchandise by TRIBOO DIGITALE USA INC. ("TRIBOO DIGITALE USA" or "we") to you through the US section of maseratistore.com (the "US Site"). The US Site is available only for purchases within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
All orders are subject to written acceptance by TRIBOO DIGITALE USA. All orders will be confirmed by TRIBOO DIGITALE USA, in writing, by e-mail. Merchandise displayed on the US Site may be out-of-stock or discontinued. TRIBOO DIGITALE USA reserves the right to refuse returns of any merchandise or any future orders when a customer has carried out an excessive number of returns beginning from the date of the first return.
All prices are in US Dollars. Prices may change without notice. The total invoice price (Total amount due) is inclusive of Sales Tax applied with individual State and local regulations according to the State of your shipping address. Sales Tax is calculated according to the current Sales Tax policy and are indicated in the Payment page of the Cart. If the Sales Tax rate changes between the date in which your order has been placed and the date in which the product is dispatched from our warehouse, we will proceed as follows: should the new amount be lower than the amount indicated at checkout, the total of your order will be reduced accordingly. Should the new amount exceed the one indicated at checkout, TRIBOO DIGITALE USA will cover the difference. The final amount will always be equal or less than the Sales Tax given at checkout. The final amount will be indicated in the invoice you will receive with the Shipping Confirmation e-mail. Depending on the tax laws in each state, you may be required to pay Use Tax on purchases for which Sales Tax has not been collected. All prices are inclusive of Customs and import duties.
PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
PAYMENT PROCESSING SERVICES
Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by TRIBOO DIGITALE Srl, Italian company incorporated in Milan C.F. 02912880966 on behalf of TRIBOO DIGITALE USA, depending on the type of payment method used for the purchase of the goods and/or services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and TRIBOO DIGITALE Srl. For any other type of purchases, these terms are an agreement between you and TRIBOO DIGITALE USA and goods and/or services will be delivered by TRIBOO DIGITALE USA directly. So, according to this Agreement if you reside in USA these terms are an agreement between you and TRIBOO DIGITALE USA and goods and/or services will be delivered by TRIBOO DIGITALE USA directly."
TRIBOO DIGITALE USA has made every effort to display as accurately as possible the colors of the merchandise that appear on the US Site. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will accurately display the actual colors of the merchandise. SHIPPING COSTS You are responsible for the shipping costs associated with the delivery of merchandise you purchased on the US Site.
SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the merchandise from the time the same has cleared TRIBOO DIGITALE's fulfillment house. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.
TRIBOO DIGITALE OFFERS NO EXCHANGES ON MERCHANDISE PURCHASED ON THE US SITE.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
TRIBOO DIGITALE USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE US SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIBOO DIGITALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. TRIBOO DIGITAL USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
TRIBOO DIGITALE USA's order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between TRIBOO DIGITALE USA and you on the matters contained in these General Terms and Conditions of Sale. GOVERNING LAW AND CHOICE OF FORUM The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
We want to make sure that you are completely satisfied with your purchase. If, for any reason, you are not satisfied with your order, you may return your UNUSED article of merchandise by filling out the Return Form within twenty (20) days from the date of delivery. TRIBOO DIGITALE USA offers no exchange before sending your article of merchandise back to us, please make sure that all of the following conditions have been correctly satisfied. Before sending your article of merchandise back to us, please refer to our Return Policy to make sure that all the conditions listed in such policy have been correctly satisfied. The article you wish to return:
• can be sent back to us only after you have completed and submitted the online Return Form available on the US Site within twenty (20) days from delivery; by completing and submitting our online return form you will receive your Return Number;
• must be unused, unworn, unwashed and not damaged;
• must have the refund tag still attached with the disposable seal that must still be intact;
• must be returned complete of all of its parts and accessories;
• must be sent in its original packaging; audio CDs must be returned with their original envelope seal or package seal unbroken and intact;
• return items must be shipped back to TRIBOO DIGITALE USA within twenty (20) days from the date of delivery;
• must be sent in one single shipment: articles that belong to the same order must be returned to us at the same time;
• and must be shipped from the United States.
If all of these conditions are satisfied, we will refund the value of the returned product(s), Sales Tax included, less any original shipping costs. You can send the return at your expense, with a courier of your choice. We will not issue any refunds for returns that do not satisfy all of the conditions indicated above; provided, however, that you will have the option to request within thirty (30) days of being notified that you are not entitled to a refund that your merchandise be shipped back to you, at your own cost, in the condition in which it was received by TRIBOO DIGITALE USA. If you do not request the return of your merchandise within said thirty-day period, TRIBOO DIGITALE USA will be entitled to dispose of such merchandise in its sole discretion.
SALES OF VINTAGE, BEACHWEAR, UNDERWEAR AND ANY ITEMS FROM THE SAMPLE SALE AREA ARE FINAL. WE RESERVE THE RIGHT TO DESIGNATE ON THE US SITE OTHER NON-RETURNABLE MERCHANDISE. ANY SUCH DESIGNATION WILL BE NOTED ON THE DETAIL PAGE OF THE MERCHANDISE WHICH IS NON-RETURNABLE.
Refunds are processed within approximately three (3) business days of our receipt of your merchandise. Your refund will be credited back to the same card used to make the original purchase on the US Site. Refund times will depend on the credit or debit card company’s policies. Be aware that the currency date for the credit will coincide with the date of the original payment, therefore you will not be charged any interest fees.
TRIBOO DIGITALE USA OFFERS NO REFUNDS ON VINTAGE, BEACHWEAR, UNDERWEAR, ITEMS FROM THE SAMPLE SALE AREA AND ON ANY OTHER MERCHANDISE DESIGNATED ON THE US SITE AS NON-RETURNABLE.
All our articles of merchandise come with a refund tag. Please try on your item before removing the refund tag, since we do not accept returns once the return tag has been removed, broken or damaged in any way. Shoes come with a sticker under the sole; if you remove or alter this sticker, you may no longer return your purchase.
Returns using a Courier of Your Choice: You can send the return at your expense, with a courier of your choice. We are not responsible for any loss or damage to your merchandise. Return items must be given back to the courier within twenty (20) days from the date the package was delivered to you.
TRIBOO DIGITALE USA OFFERS NO EXCHANGES ON MERCHANDISE PURCHASED ON THE US SITE
Welcome to maseratistore.com. These General Terms and Conditions of Use govern your access to, use of and purchase of products from the United States section of maseratistore.com. By using the web site, you agree to comply with and be bound by these General Terms and Conditions of Use. If you do not agree to these General Terms and Conditions of Use, please do not access to the web site from USA.
Maseratistore.com is the property of Maserati S.p.A. and is operated, under license, by TRIBOO DIGITALE USA INC., a New York corporation having an address at 122 Hudson Street, 5th Floor, New York, New York 10013 ('TRIBOO DIGITALE USA').
OTHER SITE POLICIES
PURCHASE FOR PERSONAL USE ONLY
You may purchase products on the Web site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept TRIBOO DIGITALE General Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
LICENSE AND SITE ACCESS
The viewing, printing or downloading of any graphic, form, document or other content from the Web sitegrants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the web site and its content terminates the license granted by TRIBOO DIGITALE USA. You will be solely responsible for all damages and other harm resulting from your use of the web site and its content. TRIBOO DIGITALE USA shall not be deemed liable for any use of the web site and its content made by you in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the 'Material') you submit to TRIBOO DIGITALE USA is legal and does not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Material to TRIBOO DIGITALE USA, you grant TRIBOO DIGITALE USA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media. You are and shall remain solely responsible for any Material you disclose, submit or offer to TRIBOO DIGITALE USA.
COPYRIGHT All content included on the web site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the 'Content'), is the property of TRIBOO DIGITALE USA or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of TRIBOO DIGITALE USA or its content suppliers, as the case may be. TRIBOO DIGITALE USA and its content suppliers shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. TRIBOO DIGITALE USA and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the web site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by TRIBOO DIGITALE USA or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TRIBOO DIGITALE USA’s copyright agent the written information specified below.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the web site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s address.
TRIBOO DIGITALE USA’s copyright agent for notice of claims of copyright infringement can be reached firstname.lastname@example.org.
Maserati is registered trademarks and/or service marks of MASERATI SPA in the United States and/or other countries. All rights are reserved. These and any other trademark, service mark and trade dress of MASERATI, including, but not limited to, any mark that incorporates the word 'MASERATI' or the domain name 'maseratistore.com”, may not be used by you in any manner for any purpose without the prior express written consent of MASERATI. All other trademarks, service marks and trade dress not owned by MASERATI that appear on the web site are the property of the respective owners (the 'Third Party Owners'), who may or may not be affiliated with, connected to, or sponsored by MASERATI or TRIBOO DIGITALE USA. MASERATI and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress. You are not authorized to use any of the trademarks, service marks and trade dress that appear on the Web site in any manner for any purpose without the prior express written consent of MASERATI or TRIBOO DIGITALE USA or the respective Third Party Owner, as the case may be.
LINKS TO THIRD PARTY WEB SITES
The Web sitemay provide hyperlinks to third party websites (the 'Third Party Websites'). TRIBOO DIGITALE USA do not operate, control, endorse or guarantee any Third Party Websites. You agree that TRIBOO DIGITALE USA are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on the US Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. Our General Terms and Conditions of Use and other policies do not apply to any Third Party Website.
TRIBOO DIGITALE USA provides hyperlinks to Third Party Websites only for the convenience of its users. By providing hyperlinks to Third Party Websites, TRIBOO DIGITALE USA does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY TRIBOO DIGITALE USA, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE TRIBOO DIGITALE USA AND TRIBOO DIGITALE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
LINKS TO THE US SITE
Please contact us by e-mail at email@example.com if you are interested in linking a web site to the web site. You must obtain our express written consent prior to linking any website to the web site.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEB SITEIS PROVIDED BY TRIBOO DIGITALE USA ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIBOO DIGITALE USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, TRIBOO DIGITALE USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITEOR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE US SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITEIS AT YOUR SOLE RISK. TRIBOO DIGITALE USA DOES NOT WARRANT THAT THE US SITE, ITS SERVERS OR E-MAIL SENT FROM THE WEB SITEOR TRIBOO DIGITALE USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIBOO DIGITALE USA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND SECURE ACCESS TO THE US SITE. YOU UNDERSTAND THAT THE OPERATION OF THE WEB SITEMAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF TRIBOO DIGITALE USA. TRIBOO DIGITALE USA AND TRIBOO DIGITALE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold TRIBOO DIGITALE USA harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the web site and/or your breach of these General Terms and Conditions of Use.
TRIBOO DIGITALE USA reserves the right in its sole discretion to make changes to these General Terms and Conditions of Use at any time and without specific notice to you. By using the Web siteafter any such change, you agree to comply with and be bound by these General Terms and Conditions of Use as changed. If you do not agree to these General Terms and Conditions of Use as they may be changed from time to time, please do not use the web site. You should access this page periodically to review the most recent version of these General Terms and Conditions of Use. TRIBOO DIGITALE USA reserves the right in its sole discretion to edit, delete or otherwise modify any documents, information or other content appearing on the web site.
If any provision of these General Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Use remain in full force to the extent permitted by law.
APPLICABLE LAW; JURISDICTION
Except otherwise expressly provided, the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these General Terms and Conditions of Use and the other Site Policies shall be brought solely in the City of New York, State of New York.
The headings contained in these General Terms and Conditions of Use are for convenience of reference only and are not intended to have any substantive significance in the construction or interpretation of these General Terms and Conditions of Use.
If you have any question regarding these General Terms and Conditions of Use, please contact TRIBOO DIGITALE USA at firstname.lastname@example.org If you need any other assistance, please go to our Customer Area. There you will find information on orders, shipping, returns and refunds, registration and other important information regarding the services provided by TRIBOO DIGITALE USA through the web site. Remember that you can always contact us by e-mail at email@example.com
RIGHT OF WITHDRAWAL
If for some reasons you are not satisfied with your order, you have the right to withdraw from the agreement, without indicating the reasons, within 14 (fourteen) days.
The withdrawal period expires after 14 (fourteen) days from the day:
a) in which you or a third party appointed by you, other than the carrier, takes physical possession of the product, in case of sale of one single article;
b) in case you or a third party appointed by you, other than the carrier, takes physical possession of the last article, in case of agreement relative to multiple products ordered by the consumer in a single order, and delivered separately;
c) in case you or a third party appointed by you, other than the carrier, takes physical possession of the last batch or article, in case of agreement relative to the delivery of a product consisting of batches or multiple parts.
In order to exercise the right of withdrawal, you must inform us about your intention to withdraw from this agreement, through explicit declaration, that must be sent via mail, fax or email, at the following addresses: fax 0264741414, e-mail firstname.lastname@example.org. For this purpose, you can use the standard withdrawal form annexed herein, but it is not mandatory. In any case, we will promptly send you a confirmation by email, stating that we have received your intention to withdraw.
In order to comply with the withdrawal term, just send the notice relative to your decision to exercise the right of withdrawal before the aforesaid period expires.
Effects of withdrawal
If you decide to withdraw from this agreement, we will refund you all the payments that you have made in our favour, including the delivery costs (except for additional costs in case you chose a type of delivery other than the less expensive standard delivery method offered by us), without any undue delay and in any case, no longer than 14 (fourteen) days from the day we were informed about your decision to withdraw from this agreement. Said refunds will be made by using the same payment method that you chose for the initial transaction, except in case you explicitly agreed otherwise; in any case, you will not incur any cost, as consequence of said refund.
Please return the goods or submit them to Triboo Digitale Srl c/o ArceseLog Via Groane n. 6 20031 Cesano Maderno (MB) Italia, without undue delays and in any case, within 14 days from the day you notified us your intention to withdraw from this agreement. The term is respected if you return the goods prior to the expiry of the 14 (fourteen)-day term.
The direct costs incurred to return the goods will be paid by you.
You will be liable only for the decrease of value of the goods, resulting from handling the products in a way other than the methods required to determine the nature, characteristics and working conditions of the products.