Terms & Conditions


Users of the website www.manipolare.com (hereinafter “Website”) shall read the present terms and conditions (hereinafter “Terms”) before using the Website itself as provided by the company Manipolare, owned by Francesco Polare, with registered office in Milan, Via Martino Bassi 9, VAT 02746940788, Italian Fiscal Code PLRFNC80L23D005U, recorded in the Companies’ Register of the Chamber of Commerce of Milano Monza Brianza Lodi with the REA Number MI – 2514670 (hereinafter “Company”).
The purchase of products sold via the Website (hereinafter “Products”) is bound to the acceptance and respect of the present Terms. By purchasing the Products, the buyer (hereinafter “Buyer”) accepts to be bound by the present Terms. Where the Buyer does not accept, in whole or in part, the present Terms, the Products cannot be purchased.
The Website is reserved exclusively to Buyers that are end consumers, that is natural persons purchasing for purposes which can be attributed to other than their entrepreneurial, commercial, or professional activities.
The Buyer shall not use the Website via a browser that blocks the advertisements published on the Website, whether natively or by means of add-ons.
According to the present Terms, the Company offers to the Buyers the rights of i) using the Website and ii) purchasing watches, products, or any other good sold within the Website.
The Buyer shall be at least 18 years old in order to register to the Website or, if minor, be at least 14 years old, otherwise the registration will not be accepted. In case any registration of the mentioned Buyers shall occur, they register themselves at their own risk and the Company will not be responsible for their registration and for any subsequent actions or omissions.

Ownership
The Website is owned exclusively by the Company and all rights not expressly granted in the present Terms shall be reserved to the Company.

Declarations and warranties of the Buyer
The Buyer shall declare and ensure, for the benefit of the Company, affiliates and third parties mentioned on the Website, that: i) the Buyer has the right and the ability of putting in place declarations and warranties of the present Terms; ii) all the information provided to the Website are true and accurate; iii) the Buyer itself will not use the Website for purposes illegal or forbidden by the present Terms.

Availability, errors and misstatements
Images of products and informative texts correspond as much as possible to the Products.
The Company updates constantly the offered Products. However, Products on the Website might be described without accuracy or non-available, and the Company may suffer delays in updating Products or in the updating of the advertising on other websites. The Buyer, therefore, expressly accepts that any offer of a product or Product do not constitute an offer which may generate any legal consequence. In particular, the offer cannot constitute an offer to the public.
The Company, in addition, reserves the right to amend any potential mistake on the Website and cannot guarantee that all the images correspond accurately to the real aspect of the Products and declines any liability in case the images and colours of the Products should differ on the Buyer’s device, due to predetermined settings or any potential malfunction.
The Company cannot and do not guarantee the accuracy and completeness of any information, including images, specifications, and availability of the Products and additional Products. The Company reserves the right to amend or update the information and correct mistakes, misstatements, or omissions at any time and without prior notice to the Buyer.
In particular, the Buyer is informed that the Company periodically checks that all the prices on the Website are correct, although this cannot necessary guarantee the absolute absence of errors. If so, the Company reserves the right to cancel the sale and, in any case, will grant to the Buyer the possibility to reconfirm the purchase with the correct price, or to delete the order. If the order shall be deleted, the amount paid for the deleted order will be reimbursed to the Buyer. This procedure can be performed at any time.
Products can be purchased only from Buyers that requires the delivery in one of the countries listed on the Website.

Account, termination and suspension
Should the Buyer creates an account through the Website, the Buyer shall provide accurate, complete, and current information. If that is not the case it will breach the present Terms, which may eventually entail to its account being terminated.
The Buyer is responsible for the safety of the password used to access the Products and for any activity or action referable to its password, both via the Products and via any products from third parties.
The Buyer accepts not to divulge nor communicate its password to third parties. The Buyer shall immediately notify any safety breach or non-authorised use of its account as soon as it acknowledges such event has occurred.
The Company can terminate or suspend the Buyer’s account without previous notice or liability, for any reason, including, without limitations, the breach of the present Terms.
In case the account shall be terminated, the right arising from the present Terms will cease immediately.
In case the Buyer is willing to terminate an account it shall communicate its decision to the Company, using the email address listed in the Contacts section, and the Company will terminate the account.
Any provision of the present Terms that for its nature shall persist in case of termination, shall persist to the termination itself, including and without limitations, orders referring to the property, guarantees, compensations, and limitation of liability.

Prices and payments
The official currency of the Website is Euro (€) and prices published on the Website include VAT, and payments/transactions take place in the above-mentioned currency.
The Buyer shall bear additional costs and/or burdens that some countries may impose or apply (e.g. but not exclusively custom taxation). The mentioned costs and/or burdens will not constitute a reason to terminate the present Terms should such costs and/or burdens will arise after the purchase.
Payments will be made through PayPal (link to the related Terms and Conditions as follows: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US), or through the main pre-paid cards or credit cards whose payments can be also made through PayPal without creating any account.
PayPal adopts technical systems which can provide maximum reliability, safety, protection, and confidentiality regarding the transmission of information via the Internet.
The Company will not have access to data related to these payments and will not register information related to credit cards or payment details.

Purchasing methods, withdrawal and returns
A purchase order made toward the Buyer is valid as contract proposal and is governed by the present Terms. The contract shall be considered concluded after the Company receives the order and after confirmation of it via email by the Company itself.
The Buyer shall verify the email received and notify to the Company any possible mistakes, inaccuracies, and/or omissions.
In order to further proceed to the purchase the Buyer shall:
register itself providing all requested information or, alternatively, login if it is already registered;
provide information requested so to complete the order and to consent the execution of the contract (if the Buyer needs to be billed, it is requested to provide the necessary fiscal information)
In case the proposal shall not be accepted, but the payment had been already made, the paid amount will be reimbursed to the Buyer. However, if the order has been already processed, the Buyer can only exercise the right of withdrawal as below stated.
The Buyer has the right of withdrawal from contracts concluded according to the above-mentioned procedures, without any contractual penalty, within 14 (fourteen) days from the date of delivery of the Product. The exercise of the right of withdrawal does not require the Buyer any justification to withdraw.
The Buyer, in order to exercise its right of withdrawal, shall get in touch via email to the email address listed in the Contacts section (see below) within the mentioned 14 days, providing explicit will to exercise the rights of withdrawal and copy of purchase title for the Product. The Company will send a confirmation email to acknowledge the right of withdrawal.
The Buyer who accurately respected the procedure for withdrawal shall have the right of being reimbursed of the amount paid through bank transfer or PayPal.
Following the right of withdrawal the Buyer shall return the Product within any delay and, in any case, not after 14 days from the communication of withdrawal. Returning risks and related costs are to be borne entirely by the Buyer itself.
The return will be considered correctly performed when the returned good is intact, unused, or undamaged, together with the original package, labels, and protective sticker intact.
The Buyer will be considered liable for the lowering of the Product’s value resulting from the alteration of the characteristics and/or the functioning of the Product itself. Therefore, in case the returned Product is damaged (e.g. showing signs of wear, abrasions, scrapes, scratches, deformations, etc.); incomplete of all its accessories (including stickers and tags, which need to be intact and still attached to the Product); missing any instructions/notes/attached manuals, original package and warranty certificate, if present, the Buyer will be liable for the lowering of the economic value of the Product and it will be granted the right of being reimbursed for an amount corresponding to the remaining value of the Product. For such purpose, the Buyer is encouraged to leave the Product unaltered beyond what is strictly necessary to understand the nature, characteristics, and functioning of the Product itself, and to cover the original packaging of the Product with a new protective packaging, in order to preserve its wholeness and to protect it during the shipping, even from any writings or tags.
The Product shall be returned to Manipolare, owned by Francesco Polare, Via Martino Bassi 9, 20148, Milano, Italy. The Company will not bear any liability for Products lost during the return shipping.
Following the returning, the Company reserves the right to verify the wholeness of the Product and, in case the Product should be considered lowered in value, the Company reserves the right to reimburse the Buyer only partially, in the same proportion as the decrease of the Product’s value.
In case the Buyer received an incorrect, incomplete, defective, or damaged Product, it can send an email to the Company, with photographic evidence attached, in order to return the Product and to receive a replacement or being reimbursed.
The Company will then inform the Buyer on how to return the Product and will bear the costs, but it reserves the right to check that what complained by the Buyer corresponds to the truth and, if this is indeed the case, it will substitute the Product or reimburse the Buyer.
The Company has the right to report to the competent authorities should any order is purchased by a party different from the Buyer. Moreover, the Company reserves the right to cancel orders and to notify the competent authorities in case of a suspicion of potential fraud.

Deliveries
Products purchased through the Website are available in Italy and other UE Countries.
For safety reasons the Company will not carry out any delivery to personal mail boxes.
The shipping of Products is free in Italy, while for other Countries the delivery will be charged with the related costs depending on the case.
For any order performed through the Website, the Company will issue an invoice or a purchase receipt which proofs the purchase and includes a summary of the order. Such document will be attached to the delivery and information cannot be amended after the invoice/receipt is issued.
Orders and deliveries will be processed and carried out during working days, while in case the order shall be requested to the Company in a non-working day, orders and deliveries will be processed and carried out on the first incoming working day. The same situation occurs during any close period of the Company.
The Products will be delivered within 5 working days.
The Company is not liable for damages, losses, or delays after the courier has taken charge of the Product and the Company is not liable in all cases of Force Majeure.
The Buyer shall check without delay, and in any case not later than 3 working days, that the delivery is correct and includes what ordered, plus it shall communicate to the Company if the delivery or the order are not compliant with what purchased. In any case the Buyer has the right to reject the delivery, or to accept it with reservation, should the casing or the package be visibly damaged.

Warranty
MANIPOLARE watches come with instructions and a warranty. The warranty is valid for 24 (twenty-four) months from the date of purchase. It covers manufacturing defects of the watch (movement, case, glass) and establishes that the watch shall be repaired without any additional cost, apart from shipping costs paid by the buyer. Other parts that are not mentioned above are not covered by the warranty. The watch must be sent to MANIPOLARE di Francesco Polare, Via Martino Bassi 9, 20148 Milano ITALY together with the filled-in warranty. The company reserves the right to assess the malfunction in order to exclude improper handling. The warranty does not cover:
– Battery life;
– Normal wear and tear of materials that naturally and inevitably occurs as a result of normal wear or ageing (e.g. creases/fissures in the internal part of the strap, color alteration, ageing of tissue, scratches on crystal and case, abrasion of plating, color alteration…);
– Damages to watch due to unusual/ improper use, careless, negligence, accident (dent, broken glass, tissue tear…), incorrect use of the watch and failure to follow the instructions provided with the product;
– Damage to persons or property related to an improper, dangerous or reckless use of the watch;
– Fault or damage caused by an unjustifiable repair or change;
– Fault or damage caused by fire or water or a natural disaster such as earthquake;
– In case the place and date of purchase are not indicated on the warranty or such information is rewritten;
– In case the warranty is not provided with the watch;
– Indirect or consequential damages of any kind resulting from, e.g., use, malfunction, imperfections or inaccuracy of MANIPOLARE products;
The case, dial, hands, glass, strap and other parts of the watch may be replaced with equivalent parts if the original ones are not available. Any other claims, e.g. different damages from the ones described in the present warranty, are excluded from the warranty except those deriving from your legal rights as a consumer against the manufacturer. The company guarantees the authenticity of each product purchased from the official MANIPOLARE website.

Compliance
MANIPOLARE products are made with quality materials compliant with current laws and regulations, which are adequate for the purpose related to the products. MANIPOLARE products are MADE IN CHINA, designed in Italy. Final quality control is made in Italy. According to Legislative Decree 206/2005: All products imported from suppliers of MANIPOLARE are made with hypoallergenic materials according to current Italian and international laws.

ROHS compliance directive2002/95/EC
As by European directive 2002/95/EC and by article 5 of Italian Legislative Decree no. 151,
25.07.2005, we declare that from July 1, 2006, all its new products belonging to the category 2,11
(wrist watches, clocks, pocket watches and any other equipment suitable for measuring, indicating and setting time) of Annex 1B (Article 2, clause 1) of Legislative Decree no. 151, 25.07.2005, comply with the “Rohs Directive” requirement and they do not contain hazardous substances in higher quantity than the agreed levels: Lead (Pb) – Mercury (Hg) – Cadmium (Cd) – Hexavalent chromium (cr6+) – Polybrominated biphenyl (PBB) – Polybrominated diphenyl ether (PBDE).

Information about WEEE directive 2002/96/EC
As by European directive 2002/96/EC and by article 13 of Italian Legislative Decree no. 151, 25.07.2005, we make known that the WEEE symbol, put on watches, clocks or on relating packaging means that the product must not be disposed of as unsorted municipal waste. Please dispose of this product by returning it to your local municipal collection point for recycling or to a point of sale if buying a new product. The waste separation of these products and the subsequent recycling process are useful for the production of new equipment made with recycling material. In this way the possibility to adversely affect the environment and public health is limited. Raee ecotax Incurred.

Protection of minors
The Company does not work or provide Products to minors and, in any case, do not work or provide Products to minors under fourteen years of age and do not intentionally collect information related to such subjects. In case the Buyer considers the Website offensive or disrespectful toward such subjects in any way, the Company requires to be contacted immediately in order to analyse what reported and see to it as soon as possible.

Obligations of the Buyers
The Buyer shall not publish contents on the Website or other websites that may contain information related to the Products which are incorrect, obsolete, altered, or counterfeited on purpose.
The Buyer undertakes not to store within the Website any sensitive data and it assumes its own responsibilities deriving from the lack of protection of information inputted on the Website, other than mandatory personal information requested in order to create an account.
The Buyer undertakes to take the utmost care of its password without communicating it and without sharing it with third parties. In the event that the Buyer shall allow third parties to use its account, it will be personally liable for any violation of the present Terms and for potential related damages.
The Buyer furthermore undertakes that, once it has obtained access to the Website, it will not carry out any activity that discredits the quality or compromises the functionalities of the Website, or the offered Products.
The Buyer cannot input on the Website any personal data and/or images of third parties without the previous explicit consent to the processing of personal data and the communication of such data to others by the person concerned.

Indemnity
The Buyer undertakes to defend, indemnify, and hold harmless the Company, the related licensee and licensors, the employees, the external collaborators, the agents, the managers, and the directors from and against any claim, damage, obligation, loss, liability, costs, or debts and expenses (including, but not limited to, legal costs) resulting or deriving from a) improper use of the Products by the Buyer or any other person authorised by the Buyer for using such Products and b) breach of the present Terms.

Authenticity and intellectual property
The Company guarantees the authenticity of all Products purchased through the Website.
All rights of intellectual property as trademarks, brands, mark trademarks, patterns and models, images, pictures, characters, designs, music, videos, software, codes and scripts as seen on the Website are subject to intellectual property rights and are the exclusive property of Francesco Polare.
The Buyer declares to be informed that all trademarks, names, as well as every distinctive sign, denomination, image, picture, written or graphic text used on the Website or related to the Products are and remain the exclusive property of Francesco Polare and/or of those entitled, while the access to the Website and/or the purchase of the Products shall not grant the Buyer any right on them.
The MANIPOLARE trademark cannot be used in any case without previous authorisation from Francesco Polare, nor can it be copied, emulated, or used whether in whole or in part.
The content of the Website is protected by copyright. No page or content of the present Website can be copied, not even partially; nor transferred by electronic or conventional means, amended, or used for any purpose without prior express written authorisation.
The Buyer shall therefore respect such rights and shall not compromise the legitimate owners in the exercise of their rights in any way. The Company reserves the right to terminate the accounts of those Buyers who violate the Company’s property rights.

Limitation and exclusion of liability
The Company does not release declarations or guarantees related to the accuracy, completeness, correctness, authenticity, conformity to the law of the contents and materials on the Website, and shall incur no liability in relation to what above mentioned in any way.
The Company is unrelated to any claim or negotiation or dispute that shall arise between the Buyers and any third parties. In the event of a dispute the Company, its officials, employees, and salespersons are expressly relieved of liability for complaints, damages, and requests of any kind, known or unknown, suspected or not, divulged or not, deriving directly and/or indirectly from such claims.
The Company publishes on its Website all the information useful to provide a precise and reliable service to its clients, however it declines any liability for any potential inaccuracy or misprint, and reserves the right to amend and correct them at any moment and without any prior notice.
The Company reserves the right to amend and change the Website whenever it deems it necessary, without prior notice.
The Company declines any liability related to any potential problem, damage, or risk that the Buyer may suffer during its use of the Website and, moreover, it does not grant any guarantee that the information published on its Website are compliant with the laws of the Country in which its client resides.
The Company is not liable, and cannot be considered liable, for potential damages or virus infections on computers or other devices of the Buyer following its access, use, and exploration of the Website.
The Company does not offer to the public any recommendation for the purchase, nor any mediation or brokerage activity.
The Company is not liable in case of non-fulfilment, in whole or in part, of its obligations related to any contract concluded according to the present Terms, in case such non-fulfilment is caused by unpredictable events and/or acts of God outside its reasonable control, including, but not limited to, natural disasters, acts of terrorism, wars, riots, lack of electric energy, general strike of public and/or private employees, strike and/or restriction of couriers availability and flight connections.
Although the company adopts measures aimed at protecting personal data against potential loss, forgery, alteration, and improper use from third parties, considering the properties and the technical limitations related to the protection of electronic communications via the Internet, the Company cannot guarantee that information or data displayed to the Buyer on the Website, even after the Buyer has logged in, cannot be accessible or seen from non-authorised third parties.
The Company does not guarantee in any way that the content of the Website is compliant with the current laws of other countries.
The access to the Website from countries in which such content is illegal is expressly forbidden. Buyers that shall nonetheless decide to access the Website from such countries are fully aware about legal consequences and sanctions that they may risk to suffer, and will be solely responsible for being compliant with the implementation of any relevant law.

Final provisions
The Company reserves the right, in its absolute discretion, to alter or substitute the present Terms at any time. In the event of a substantial alteration, the Company will communicate such alteration within 30 days before the actual alteration takes place. The Company reserves the right to define what is intended for substantial alteration.
In any case, if the Buyer purchases any additional Products after the actual alteration, this will be understood to have been accepted. In case the Buyer does not accept such alteration, it shall not purchase any other Product and shall request the cancellation of the account, whether created.
In case the Company does not exercise any right within the present Terms, such behaviour shall not be considered as a waiver or limitation of any right.
If any of the provision set in the present Terms should be considered invalid or ineffective, this will not invalidate all other contractual provisions, which shall remain valid and enforceable. If, in case of litigation, the competent court deems any of the provision provided herein as invalid or non-effective, but valid and effective by implementing certain limitations, such a provision will be considered as written and interpreted according to the abovementioned limitations.

Contacts
The Company can be contacted for any request, information, and clarification related to its Products and to the contractual conditions of the present Terms via the email address info@manipolare.com.

Applicable law and jurisdiction
The present Terms are governed by the Italian law, with specific reference to the Consumer Code, Legislative Decree n. 21/2014 and Legislative Decree n. 70/2003 on electronic commerce.
The provision of the service and the usage of the present Website are governed exclusively by the Italian law, even if partially carried out abroad and in presence of other connecting factors.
Each dispute arising from, or in connection with, the present Terms shall be under the exclusive jurisdiction of the court of Milan.