Paypal-Logo1. General

The following Sales Terms & Conditions apply to all orders placed with Effetto Mariposa Sagl (Via alla Stampa 5a, CH-6965 Lugano – Cadro, Switzerland), trading as the effettomariposa.com website, selling cycling equipment from Swiss company Effetto Mariposa Sagl.
They apply if the order is placed over the Internet, by telephone, e-mail, post or fax. By placing an order with Effetto Mariposa Sagl, the Customer accepts the Terms and Conditions set out below. These Terms and Conditions do not affect the Customer’s statutory rights.
All references to the “company” or “Effetto Mariposa” or “us” refer to Effetto Mariposa Sagl, trading as  the https://www.effettomariposa.eu/e-shop website. Any reference to “Customer”,”client” or “buyer” refers to the person or organization placing the order.

Logo_carrello2. Execution Of The Agreement

2.1 The Customer’s order represents an offer to execute a Purchase Agreement. When the Customer sends Effetto Mariposa an order, the company will send the Customer an e-mail to confirm receipt of the order and explain all relevant details (Order Confirmation). The Order Confirmation does not represent acceptance of the Purchase Agreement. Instead, it confirms receipt of Customer’s order. It becomes a Purchase Agreement only when Effetto Mariposa has sent the ordered goods and when the Customer has received Delivery Notification from Effetto Mariposa warehouse that the goods have been dispatched.
If a product in the same order, for which the Customer have received the Order Confirmation, is not shown in the Delivery Notification e-mail, no Purchase Agreement will take place for that product.
During the purchasing process, the buyer accepts our Sales Terms and Conditions, as set out on this page.

2.2 Our ability to fulfill orders is conditioned by us being correctly supplied, within the correct time frame. If any goods ordered are not available, we reserve the right to terminate the Agreement.
The Customer will be informed immediately if goods that have been ordered cannot be delivered. If the amount due has already been paid, we will return it immediately. We accept no responsibility for damages due to late delivery, unless there is certified negligence on our part.

2.3 We will notify the Customer if an item shown on the website is no longer available or if its price has changed.

3 Price

For Switzerland, all prices displayed on the effettomariposa.com website are shown in Swiss francs (CHF) and include VAT at the prevailing rate. Shipping costs are displayed on our website, and can be checked at the time of ordering. Prices at the time of order are correct, errors and omissions excepted.

IMPORTANT: for order with delivery outside Switzerland, prices don’t include VAT and eventual Customs costs or duties, to be payed by the Customer upon delivery. These costs will be borne to the customer and not included in the invoice amount. For more information, contact the competent customs office.

4 Delivery And Shipping Costs

4.1 Delivery takes place from Effetto Mariposa warehouse to the address communicated by the Customer. Any information relating to the time of delivery is not binding, unless an actual delivery time has been specified by us. Wherever possible, any order will be delivered in a single shipment. If the order contains articles packed separately, they may be shipped separately and delivered at different times. If this is the case, any additional delivery costs will be payed by Effetto Mariposa.
Orders of goods available in stock are delivered in Switzerland within 3 working days. We cannot guarantee a specific delivery time when shipping outside Switzerland with Swiss Post.

4.2 All shipments are done by Swiss Post.

4.3 Shipping charges: for deliveries in Switzerland and abroad, we offer free shipping to Customers purchasing more than 200 CHF.  For purchases below 200 CHF, shipping cost is 10 CHF.

5 Payment

Payment for purchases and shipping can be made by credit card, PayPal, Stripe or bank transfer. If some ordered goods are not available and the ordered has been payed in full, we will refund immediately the Customer for unavailable items.

5.1 Credit Card Payments
We accept payment using VISA, Mastercard, American Express.
Security of Customers’ card data is very important to us. All financial information relating to the transaction is forwarded using a secret automatic protocol, which neither Effetto Mariposa nor independent third parties have access to. This information will be utilized only in the case of a refund. Therefore, for reasons of security, every time Customers place an order with us, they will be asked for their card number.

5.2 Security
To ensure the security of Customers’ data, we use SSL software security (Secure Socket Layer). With this system, Customers’ data, name, address and card number are coded and transmitted safely via the Internet. During transfer, no external party can read Customers’ data.

6 Due Dates And Payment, Delays, Transfer Of Title

The total amount due must be paid upon placing the order. Customers may pay using the procedure described above. If there is a delay in payment, we are authorized to charge a 5% interest and/or delay delivery of the goods until we recive the payment in full. Any goods ordered and delivered remain property of Effetto Mariposa until full payment of all amounts due, under the Agreement relating to client.

7 Shipping Damages

Important: notwithstanding all precautions, packages and/or their content might get damaged in transit. If this happens, the Customer should immediately notify breakages to the courier, upon receipt of the goods. The Customer should then inform us as soon as possible, by email of phone, to provide details on the damage and discuss possible solutions.

8 Returns And Refunds

8.1 Returns
In accordance with distance selling rules, Customers have the right to cancel their Purchase Agreement by returning the goods to us, without specifying a reason for the return, any time up to fourteen (14) days starting from the day of delivery (or, in the event of multiple deliveries for a single order, counting from the delivery date of the first package).
Returned items must be in a new and unused condition, returned in the original packaging, with original labels and a copy of the receipt. We suggest Customers to keep all packaging until final decision to purchase! Used items or items without packaging will be deemed to have been accepted by Customers.

Returned goods should be sent to:
Effetto Mariposa Sagl
Via alla Stampa 5a, Zona Industriale La Stampa 3
CH-6965 Lugano – Cadro, Switzerland

No cost will be charged to the Customer in case of a return.

For additional questions on returns and refunds, please contact us:
E-mail: info@effettomariposa.com
Telephone +41(0)91 2102109
Fax +41(0)91 2102119

8.2 Termination Of The Purchase Agreement
The Agreement can be validly terminated provided that each party returns the benefits. Should the Customer not return all the goods received or return only part of them, or should they be damaged, Effetto Mariposa is entitled to compensation.
If the item is sold, and if said damage is a direct consequence of having examined the item, as if it were bought in a shop, compensation does not apply. Furthermore, no compensation is due – even if damage to the item occurs – if said item has been used in accordance with instructions given, and whereby the item has not been used as if it were Customer’s own property and the Customer hasn’t done anything which could have reduced its value.
Items which can be returned in their packaging will be returned at our risk. If the returned goods have been used, damaged, dirtied or are no longer in their original packaging, the obligation of compensation can be up to 100% of the purchase price.
We reserve the right to refuse returns. Original delivery costs will not be reimbursed.

8.3 Exchanges
If you wish to exchange an item for another one, please contact Effetto Mariposa first:
E-mail: info@effettomariposa.com
Telephone +41(0)91 2102109
Fax +41(0)91 2102119
A replacement will be sent, if available, on the next working day, following receipt of Customer’s returned item.

8.4 Incorrect Delivery
If an item supplied is damaged or not correct, the Customer should contact our Team immediately. We will authorise an exchange or we will immediately credit the value of the good(s). To return incorrectly delivered goods, Customers should follow the Returns procedure.

8.5 Procedure For Return Of Goods In Their Original Packaging
Items must be new and unused, returned in their original packaging, with original labels and a copy of the receipt. We invite Customers to keep the packaging until the final decision to purchase.

Goods shoud be sent to:
Effetto Mariposa Sagl
Via alla Stampa 5a, Zona Industriale La Stampa 3
CH-6965 Lugano – Cadro, Switzerland

When all the above conditions have been fulfilled, we will reimburse the total purchase price of goods returned. Should a returned item have been used, an amount equal to the reduction in value of the item will be deducted, as will general expenses and shipping costs.

If any of the above conditions have not been fulfilled or, if we must apply a reduction to the value of returned goods, the Customer will be informed and will then be given the opportunity to have the item(s) returned. If this is the case, any additional shipping costs incurred in returning items to the Customer will be billed to the Customer. Should the Customer refuse the return of these items, we reserve the right to withhold some items and their relative value.

8.6 Terms And Conditions For Returns And Refunds
Refunds can only be credited to the same credit card used for the original purchase. The refund process can take 10-14 days from receipt of returned goods, depending upon the credit card used for payment. Refunds normally show within two account statements. We cannot refund postal charges or make cash refunds.

9 Warranty, Repairs And Responsibility

9.1 Description Of Products
Descriptions of the products, instructions, drawings, illustrations, data, as well as descriptions of weight, size and usage or performance, which are included in our brochures, catalogues, circulars, newsletters, advertisements and price lists, are of a purely informative nature. Public announcements, praise or manufacturer advertisements do not represent a contractual condition as regards the goods. Effetto Mariposa gives no guarantee as to the accuracy of this information.

9.2 Conditions Of Warranty
Effetto Mariposa offers a guarantee of twelve (12) months on all its products, with respect to defects in the material or manufacture; this does not apply to wear and tear or for improper usage or storage.

9.3 Responsibility
During the period of guarantee, if a defect covered by the guarantee is presented, we will, at our discretion, either repair the defect or replace the defective item. Any other request with regard to defective items, in particular any request for damages or the termination of the Agreement, is excluded.
Payment of damages due to a defect is excluded in all cases. With regard to other cases, the following limitations apply.
For other damages which may lead to vital injuries of the body or health Effetto Mariposa is responsible only if they are the direct result of criminal intent, gross fault, or gross or premeditated negligence of the essential contractual obligations on Effetto Mariposa part, or on the part of those working on behalf of Effetto Mariposa.
The statuary laws governing guarantees relating to products remain unaltered.
Effetto Mariposa cannot guarantee that communication of data via the Internet, given the state of current technology, is free from errors and always available.
Effetto Mariposa does not therefore guarantee constant and uninterrupted availability of its on-line shop during the order process, in the case of technical or electronic errors over which Effetto Mariposa has no direct control, with particular regard to delays in the processing and acceptance of offers.
Effetto Mariposa is not responsible for any link to other web pages or sources, which may be created, and doesn’t guarantees their availability. Effetto Mariposa is not responsible for the content of said links, even in case there is no evidence of an illicit nature of their content.

10 Important Notices

The products offered are posted on the Internet site as clearly as possible. Effetto Mariposa has tried to portray the colours of its products in a realistic manner, however cannot guarantee that the colours as seen on Customers’ computer match those of the real products, due to the individual nature of screen graphics or printer.

11 Information On Privacy

Customers’ data will be used by Effetto Mariposa only for the analysis, approval and execution of the Agreement and for the care and management of the relative relationship with the client, the recovery of outstanding payments and fight against fraud and abuse. Data obtained by Effetto Mariposa may be used for marketing purposes (for example, Newsletters), if the client has no objection.
Customers’ personal data may be used as mentioned above only by Effetto Mariposa. However, in order to execute Customers’ order, we will have to give Customers’ personal data to other companies, such as transporters responsible for logistics and our financial services partners for credit card transactions. Said data may be used by those receiving it, exclusively for the purposes related to their services. We do not give Customers’ personal data to any other organisations or companies.
Customers must agree explicitly to the collection and use of their personal data and have the right, at any time, to revoke consent for future use of data by informing Effetto Mariposa. If this is the case, we promise to immediately delete Customers’ personal data, unless an order is being processed.
We are very happy to provide any information relating to Customers’ registered data at any time. for more information visit the Privacy Policy and Cookies Policy page or contact:

Effetto Mariposa Sagl
Via alla Stampa 5a, Zona Industriale La Stampa 3
CH-6965 Lugano – Cadro, Switzerland
Tel. +41(0)912102109
Fax +41(0)912102119

12 Final Provisions

12.1 Governing Law And Competent Jurisdiction
Swiss Law governs on an exclusive basis all contractual conditions between Effetto Mariposa and the Customer. Commercial EU law is not applicable.
For all controversies deriving from the business relationship between the Effetto Mariposa and the Customer the competent competent court is that of Lugano, Switzerland.

12.2 Severance Clause
In the case in which a clause of these Conditions Of Sale were to be null or should become so in the future, the validity of all other Conditions or Agreements will not be affected.

July 2018

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