Terms and conditions of sale

Effective from 16/01/2024

1. Name of the Site, company data of the owner of the domain name, services available to the user through the Site

1.1 The website www.themakersclub.it (“Site”) is the informative and e-commerce website of the company Tmc Italia S.r.l., with registered office in 39100 Bolzano (BZ), Via Dei Francescani 3a, share capital of €10,000.00, R.E.A. BZ – 239025, registered with the Companies Register of Bolzano, with registration number, VAT number, and Tax code 03183090210.

1.2 The Site is owned by Tmc Italia S.r.l., which is also the entity holding the domain name.

1.3 Through the Site, the user, upon registration, can: a) purchase products under the brand “the makers club,” concluding the relevant sales contract through the Site (“Online Purchase Service”); b) reserve products under the brand “the makers club” to be purchased later, possibly in some stores bearing the “the makers club” sign.

1.4 These General Terms and Conditions of Sale govern solely and exclusively the Online Purchase Service.

2. Identification of the seller; use of the brand and/or patronymic “the makers club”

2.1 The products available for purchase through the Site (“Products”) are offered and sold by Tmc Italia S.r.l., (“the makers club”).

2.2 The makers club is, therefore, the sole counterparty of the user who intends to purchase one or more products through the Site, and is thus (i) the entity to which the user directs their order, in order to accept the offer and conclude the sales contract; (ii) the entity assuming, towards the user, the pre-contractual obligations arising from the offer; (iii) the entity concluding the sales contract with the user, assuming its related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the makers club.

2.3 On the Site and in customer communications related to the Site, the makers club operates under the brand and/or using the patronymic “the makers club”. Therefore, when the expressions and/or the brand “the makers club” are used on the Site and/or in customer communications regarding the Site, or when the first-person plural is used, the reference is to be understood, in addition to the Site, also to TMC Italia S.r.l.

3. Scope of application of the T&C

3.1 These General Terms and Conditions of Sale (“T&C”) govern the offer and sale of products through the Site by the makers club, as well as the provision of the registration service on the Site and the services related to the operation called “The essence of craft,” promoted by the makers club and governed by the relevant regulations as published in the dedicated section of the Site.

3.2 The T&C are made available to the user through the “General Terms and Conditions of Sale” section of the Site, accessible via the homonymous link in the footer of the Site. Users are allowed to store and reproduce them.

3.3 The applicable T&C are those in force on the date of transmission of the purchase order. Before proceeding with the transmission of the order and, therefore, the conclusion of the purchase contract, the user is required to carefully read all the information provided by the makers club via the Site, both before and during the purchase procedure, and to examine and approve these T&C by selecting the appropriate checkbox made available to the user during the purchase procedure and before the conclusion of the relevant contract.

3.4 These T&C may be modified at any time. Any changes and/or new conditions will be effective from the date of their publication on the Site in the “General Terms and Conditions of Sale” section accessible via the homonymous link in the footer of the Site. Users are therefore invited to regularly access the Site and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

3.5 These General Terms and Conditions of Sale do not govern the sale of products by entities other than the makers club that may be present on the Site through links, banners, or other hypertext links. Before making commercial transactions with such entities, it is necessary to verify their sales conditions. The makers club is not responsible for the provision of services and/or the sale of products by such entities. The makers club does not perform any control and/or monitoring on websites accessible through such links. Therefore, the makers club is not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by them.

4. Purchases on the Site

4.1 The offer and sale of products through the Site, within the framework of the Online Purchase Service, constitute a distance contract governed by Chapter I, Title III (Art. 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (“Consumer Code”) and by Legislative Decree April 9, 2003, no. 70, containing the regulations on electronic commerce.

4.2 The purchase of products through the Site can only take place after registering on the Site, as described in Article 5 below, and is allowed for both users who are consumers and users who are not consumers, whether they are natural or legal persons, companies, and/or entities of any kind. Purchases by natural persons are only permitted if they have reached the age of eighteen. Under no circumstances can resellers or wholesalers, or generally any party intending to purchase the Products for subsequent resale, make purchases on the Site.

4.3 It is noted that, pursuant to Art. 3, I paragraph, letter a) of the Consumer Code, consumers are natural persons who, in relation to the purchase of products through the Site, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisan activity they may conduct.

4.4 In the case of orders, from any source, which are abnormal in terms of the quantity of products purchased or the frequency of purchases made, or which are made by resellers, wholesalers, or for the purpose of subsequent resale, the makers club reserves the right to take all necessary actions to stop the irregularities, including suspending access to the Site, canceling registration, or not accepting or canceling irregular orders.

4.5 The makers club also reserves the right to refuse or cancel orders from (i) a user with whom it has a legal dispute; (ii) a user who has previously violated these T&C and/or the conditions and/or terms of the purchase contract; (iii) a user who has been involved in any type of fraud, particularly fraud related to credit card payments; (iv) users who have provided false, incomplete, or otherwise inaccurate identifying information or who, as part of the procedure described in Articles 11.3 and 11.4 below, have not promptly sent the documents requested by the makers club or who have sent invalid documents; (v) a user who has violated the provisions of Article 5.3 below.

5. Registration on the Site

5.1 Registration on the Site is free. Registration on the Site by natural persons is permitted only if they have reached the age of eighteen. To register on the Site, the user must complete the appropriate form, providing their name, surname, email address, password, and, if desired, their date of birth and gender, and click the “Create Account” button. Registration will be confirmed to the user via a separate email.

5.2 Registration on the Site, by opening a personal account called “My Account” (“Account”), allows the registered user, among other things, to:

• manage their personal data and update them at any time;
• save and modify their addresses;
• access all information related to orders and any returns;
• access after-sales services;

5.3 Each user may only register once on the Site. It is therefore prohibited for the user to create multiple accounts related to the same natural or legal person, company, and/or entity of any kind, even using real data. It is also prohibited for the user to enter false and/or invented and/or fantasy and/or otherwise untrue personal data for registration on the Site. In the event of a violation of these prohibitions, without prejudice to what is provided in Article 4.5 above, the maker club reserves the right to close all accounts related to the same natural or legal person, the same company, and/or the same entity or accounts created using personal data of third parties and/or false and/or invented and/or fantasy and/or otherwise untrue. Registration on the Site is prohibited for persons under the age of 18.

5.4 The registration credentials (email address and password) allow the user to make purchases on the Site and carry out, among other things, the activities described in Article 5.2 above and in Article 5.bis.2 below. Therefore, they must be kept extremely carefully. They may only be used by the user and may not be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. The user also undertakes to immediately inform the makers club, by contacting it at the addresses indicated in Article 16 below, in case of suspected or actual misuse or improper disclosure of the credentials.

5.5 The user guarantees that the personal data provided to the makers club during the registration process and/or during the purchase and/or at any other time are complete, truthful, and related to the user themselves, and undertakes to hold the makers club harmless and indemnify it for any damage, compensation obligation, and/or sanction arising from or in any way connected to the user’s violation of the warranties in this Article 5 and/or the violation of the rules regarding registration on the Site, purchase on the Site, and/or the retention of registration credentials.

6. Information directed at the conclusion of the sales contract through the Site

6.1 In accordance with Legislative Decree no. 70 of April 9, 2003, containing provisions on electronic commerce, The Makers Club informs the user that: (I) to conclude the purchase contract of one or more Products on the Site, the user, after logging in or registering on the Site, must complete an electronic order form and transmit it to The Makers Club, electronically, following the instructions that will appear from time to time on the Site; (II) the contract is concluded when the order form reaches the server used by The Makers Club; (III) before proceeding with the transmission of the order form, the user may identify and correct any errors in the data entry following the instructions on the Site; (IV) once the order form is registered, The Makers Club will send the user, to the email address indicated, the order confirmation containing: a summary of the general and specific conditions applicable to the contract, information relating to the essential characteristics of the purchased product, detailed indication of the price, payment method used, delivery charges, if applicable, and any additional costs as well as information on the right of withdrawal; the order confirmation will also include, in pdf format, the applicable CGV for the order as well as the standard withdrawal instructions and withdrawal form referred to in Article 13 below;

(V) the order form will be stored in The Makers Club’s database for the time necessary for its execution and, in any case, within the terms of the law. The essential elements of the order form will be reported in the order confirmation. The registered user can access their order by consulting the “Orders” section of the Account.

6.2 The language available to users for the conclusion of the contract is Italian and German.

7. The availability of products purchasable through the Site

7.1 The Products available for purchase through the Site are the items listed in the electronic catalog published on the Site, visible at the time of placing the order. The Products offered for sale through the Site mainly belong to the following product categories: hair care and cosmetics.

7.2 Each Product is accompanied by an informative page illustrating its main features (“Product Page”). Within the Product Page, information regarding the availability of the Product will be provided. The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear, for a short period, available, while it is actually out of stock or not immediately available, and it may be necessary to wait for restocking.

7.3 If the Product becomes unavailable for the reasons mentioned above or in other cases of subsequent unavailability of the Product, without prejudice to the rights granted to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, The Makers Club will immediately notify the user via email (“Unavailable Product Notification Email”). The user may then immediately terminate the contract, pursuant to and for the purposes of Article 61, IV and V paragraph, of the Consumer Code, without prejudice to their right to compensation for damages or, alternatively and without prejudice to such right, accept one of the following proposals:

(i) if restocking of the Product is possible, an extension of the delivery terms, with The Makers Club indicating the new delivery date for the restocked Product;

The Unavailable Product Notification Email will also contain the indication of the different options available to the user. The user’s choice must be communicated to The Makers Club by email, to the addresses indicated in Article 16 below, within the time frame agreed with the user, which, in any case, cannot exceed 30 calendar days from the sending of the order.

7.4 In the event that the user exercises the right of termination pursuant to Article 61, IV and V paragraph, of the Consumer Code or accepts the proposal pursuant to Article 7.3(ii) above, or, finally, in the event that the user, upon being notified of the subsequent unavailability and the different choice options, pursuant to Article 7.3 above, does not communicate any choice to The Makers Club within the agreed period, the purchase contract concerning the Products that have become unavailable will be fully terminated, without prejudice to the rights granted to the user by law. The Makers Club, without prejudice to the user’s right to compensation for damages, will refund the total amount, consisting of the price of the Product, delivery charges, if applicable, and any other additional costs, as resulting from the order (“Total Amount Due”), if already paid by the user, without undue delay and, in any case, within 15 working days from the sending of the order. The refund of the Total Amount Due, if already paid, will be made using the following methods: (i) in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the purchase;

7.5 In the case of orders for a plurality of Products (“Multiple Order”), if the subsequent unavailability concerns only some of the Products subject to the Multiple Order – without prejudice to the rights granted to the user by law, and in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of Articles 7.3 and 7.4 above, if the subsequent unavailability concerns all the Products subject to the order – The Makers Club will immediately notify the user by email. (“Unavailable Product Notification Email”). The user may then immediately terminate the contract, pursuant to and for the purposes of Article 61, IV and V paragraph, of the Consumer Code, without prejudice to their right to compensation for damages or, alternatively and without prejudice to such right, accept one of the following proposals:

(i) if restocking of the Products subject to the Multiple Order that have become unavailable is possible, an extension of the delivery terms for all the Products (including those available), with indication of the new delivery date for the same;

The resolution of the purchase contract, for technical reasons, cannot only concern the Product or Products that have become unavailable, but must involve the entire order. Once the original order is resolved, if the user still wants to purchase the available Products from the original order, they must submit a new order through the Website for those Products, which will then be delivered by the delivery date indicated for that new order.

The Unavailability Notification Email will also include indications of the various options available to the user. The user’s choice must be communicated to the makers club via email, to the addresses specified in Article 16 following within the agreed-upon period with the user, which, in any case, cannot exceed 10 calendar days from the order being sent. The purchase voucher referred to in Article 7.5 above will also be recognized if the user directly proceeds to the resolution of the contract, exercising the right granted by law.

7.6 If the user exercises the right of resolution under Article 61, IV and V paragraph, Consumer Code, or accepts the proposal under Article 7.5 (ii) above, or finally, if the user, notified of the subsequent unavailability and the various options available, under Article 7.5 above, does not communicate any choice to the makers club within the agreed-upon period, the purchase contract regarding the Products that have become unavailable will be entirely resolved, without prejudice to the rights granted to the user by law, including the right to compensation for damages, resulting in the refund of the Total Amount Due, if already paid, including delivery charges and any other additional costs paid in relation to the order. The Total Amount Due from the user in relation to the resolved Multiple Order, if already paid, will be refunded without undue delay and, in any case, within 15 working days from the order being sent. The refund of the Total Amount Due, if already paid, will be made by the following methods: (i) in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the purchase.

7.8 In relation to cases of contract resolution, it is noted that any delays in the refund amount being credited may depend on the banking institution, the type of credit card, or the payment solution used. It is noted, in particular, that the times for crediting to the payment instrument/method linked to the user’s PayPal account or Satispay account depend exclusively on PayPal or Satispay and the banking system. Once the order to credit that account has been placed, the makers club cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for contesting which the user must directly contact PayPal or Satispay.

8. Information on Products

Each Product is accompanied by a Product Page. The images and descriptions on the Website reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products and their packaging may differ from the actual ones due to the settings of the computer systems or computers used by users for their display. The images of the Product on the Product Page may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and subject to tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user will be valid.

9. Prices

9.1 All prices of the Products published on the Website are in Euros and are inclusive of Value Added Tax.

9.2 The Makers club reserves the right to change the price of the Products at any time, without notice, provided that the price charged to the user will be the one indicated in the order summary and displayed by the user before submitting the order, and that any subsequent variations (increases or decreases) after the transmission of the same will not be taken into account.

10. Purchase Orders

10.1 The purchase contract is conditionally resolved upon the non-payment of the Total Amount Due. In the event that such payment does not occur, the purchase contract will therefore be deemed automatically resolved. The user will be notified of this resolution and the consequent cancellation of the order: (i) via the Website, immediately after the order is placed, in all cases where the user has chosen a payment method other than Cash on Delivery; via email, immediately after non-payment upon delivery, in the case where the user has chosen Cash on Delivery as the payment method.

10.2 Ownership of the Products will be transferred to the user at the time of shipment, understood as the moment of delivery of the Product to the carrier (“Shipment”). The risk of loss or damage to the Products, not attributable to The makers club, however, is transferred to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Products. In accordance with Article 10.1 above: (i) in the case where the user, as a payment method, has chosen a method other than Cash on Delivery, Shipment will be made only upon confirmation of the actual payment of the Total Amount Due; (ii) in the case where the user, as a payment method, has chosen Cash on Delivery, the delivery of the Products to the user or a third party designated by the user will be made only upon payment of the Total Amount Due before the delivery itself.

10.3 In order to prevent the purchase of Products by resellers and, in particular, their sale on parallel markets, as well as to allow for more efficient planning of production activities, the user cannot purchase, within the same order, more than six (10) units of the same Product; furthermore, the order cannot exceed, in any case and regardless of the number of Products added to the cart, the maximum total amount of €1,000.00; finally, it will not be possible to place more than three (3) orders in a single day (from 00:00 to 23:59). In the event that the user selects, within a single order, a quantity exceeding the maximum purchasable quantity just indicated, or makes, with a single order, a purchase with a total amount exceeding €1,000.00, The makers club will not allow the user to conclude the purchase and the user will be notified of this through a specific message, without prejudice to the user’s right to reduce such quantity and/or purchase amount or to waive the purchase. In any case, if notwithstanding the above, the user should succeed, for any reason, in placing an order with a total amount exceeding €1,000.00 or containing more than 10 units of the same Product, The makers club will proceed to resolve such orders, notifying the user, and refunding the Total Amount Due, if already paid, in accordance with the methods and timing specified in Article 7.4 above. The term for the refund starts from the date of order resolution. In the event that the user places more than three orders per day, The makers club will resolve the excess orders and refund the Total Amount Due relating to them, if already paid, according to the methods and timing specified in Article 7.4 above. The term for the refund starts from the date of resolution of the excess orders.

10.4 To place a purchase order, it is necessary to read and approve these CGVs, selecting the appropriate box that will appear during the purchase process, and declaring to be at least 18 years old. Failure to accept the CGVs will result in the inability to make purchases through the Website.

10.5 Registered users can request the issuance of a commercial invoice by selecting the appropriate box during the purchase process and completing the relevant form provided to them. The commercial invoice, which will be issued only if requested by the user in the manner indicated above, will be sent to the user at the email address provided. For the issuance of the invoice, the information provided by the user via the appropriate form will be binding, and the user guarantees that it is true. The user undertakes to indemnify and hold The makers club harmless from any damage, compensation obligation, and/or sanction that may result from or be imposed on The makers club if such information is not accurate or true. No changes to the invoice will be possible after its issuance.

11. Payment Methods

11.1 The payment for Products purchased through the Website can be made using the methods described in the following paragraphs. In the event that one of these methods cannot be used for a specific Product, this will be clearly indicated on the Website, no later than at the beginning of the purchase process. Unavailable payment methods cannot be selected by the user during the checkout phase.

1. A) Payment by Credit Card

11.2 Payment for Products purchased on the Website can be made by credit card, directly through the Website. Accepted credit cards include those from Maestro, MasterCard, Visa (including Postepay on the Visa circuit), Visa Electron, American Express. They are indicated on the footer of each page of the Website. The makers club will debit the Total Amount Due at the time of order transmission, which coincides with the conclusion of the online contract.

To ensure the security of payments made on the Website and prevent potential fraud, The makers club reserves the right to request from the user, via email, to send, through the same means, a copy of both sides of their identity card and, if the order holder is different from the credit card holder, the identity card of the latter. The document must be valid. The email requesting the document will specify the deadline by which the document must be received by The makers club. This deadline will not exceed, in any case, 5 working days from the receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user is required to send the requested documents within the specified deadline.

11.4 If The makers club does not receive these documents within the specified deadline in the email request or receives expired or invalid documents, the contract will be automatically terminated under the terms and effects of Article 1456 of the Italian Civil Code, and the order consequently canceled, without prejudice to The makers club’s right to compensation for any damage incurred due to the user’s non-compliant behavior. The resolution of the contract, of which the user will be notified by email, within 5 working days from the expiration of the deadline for sending the documents requested by The makers club, will result in the cancellation of the order, with consequent refund of the Total Amount Due and application, as far as compatible, of Article 7.4 above. The term for the refund starts from the resolution of the order.

11.5 In the event of The makers club receiving valid documentation within the deadline indicated in the email under Article 11.3 above, the delivery terms applicable to the order will start from the date of receipt of the documentation.

11.6 The makers club uses the secure payment service provided by Nexi S.p.A., which includes the use of the SSL-TSL security protocol. The confidential credit card data (card number, holder, expiration date, security code) are encrypted and transmitted to the payment processor accordingly.

1. B) Payment via PayPal

11.7 Payment for Products purchased through the Website can be made using the “PayPal” payment solution (“Payment via PayPal”). If the user chooses Payment via PayPal, they will be redirected to the website www.paypal.com, where they will make the payment for the Products according to the procedure provided and regulated by PayPal Europe S.a.r.l. et Cie S.C.A. (“PayPal”) and the terms and conditions of the contract agreed between the user and PayPal.

11.8 In the case of Payment via PayPal, the Total Amount Due will be charged to the user by PayPal at the time of order transmission, which coincides with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to their PayPal account. The crediting times to the payment instrument linked to that account depend exclusively on PayPal and the banking system. Once the order to credit that account has been placed, The makers club cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for contesting which the user must directly contact PayPal.

1. C) Cash on Delivery (“Payment on Delivery”)

11.9 Payment for Products purchased on the Website for which Home Delivery, as defined in Article 12.2 below, has been chosen as the delivery method, can be made in cash upon delivery, by choosing the cash on delivery payment method (“Payment on Delivery”). Cash on Delivery is excluded, and therefore cannot be used, if the user chooses Store Pickup as the delivery method, as defined in Article 12.2 below. In the case of Cash on Delivery, an additional delivery cost is due, which is added to the Home Delivery expenses, as defined in Article 12.4 above (“Additional Cash on Delivery Cost”). The exact amount of this cost will be specifically (and separately) indicated on the purchase procedure pages, before the user submits the order, and in the order confirmation. Payment on Delivery can only be made in cash. No other payment methods are allowed, and in particular, payment by check is excluded. It is also noted to the user that: (i) the Additional Cash on Delivery Cost is due even if Home Delivery expenses do not apply to the order, as defined in Article 12.4 above; (ii) in the case of exercising the right of withdrawal, the Additional Cash on Delivery Cost will not be refunded, under Article 56, II paragraph, Consumer Code, as it is an additional delivery cost and The makers club provides a type of delivery that does not include such a cost. It is noted that if the user has chosen Cash on Delivery, but has refused to pick up the package and pay twice, even if not consecutive, without having previously exercised the right of withdrawal as per the methods specified in Article 13.3 below, the user will be allowed to pay for purchases made on the Website only using the following payment methods: Payment by Credit Card, Payment via PayPal, Club Purchase Voucher, Mixed Payment, and Payment via Satispay.

1. F) Payment via Satispay

11.10 Payment for Products purchased through the Website can be made using the “Satispay” payment solution (“Payment via Satispay”). If the user chooses Payment via Satispay, the user will make the payment for the Products through the dedicated application (“Satispay App”), according to the procedure provided and regulated by Satispay Europe S.A. (“Satispay”) and the terms and conditions of the contract agreed between the user and Satispay.

11.11 In the case of Payment via Satispay, the Total Amount Due will be charged to the user by Satispay at the time of order transmission, which coincides with the conclusion of the online contract. In case of termination of the purchase contract and in any other case of refund, for any reason, the refund amount due to the user will be credited to their Satispay account. The crediting times to the payment instrument and/or method linked to that account depend exclusively on Satispay and the banking system. Once the order to credit that account has been placed, The makers club cannot be held responsible for any delays or omissions in crediting the refund amount to the user, for contesting which the user must directly contact Satispay.

12. Delivery of Products

12.1 The delivery of Products is carried out only in the Italian territory, with the exclusion of the Municipalities of Livigno and Campione d’Italia (“Non-Covered Area”).

12.2 The delivery of Products will take place at the shipping address indicated by the user in the order form (“Home Delivery”). Shipping addresses located in the Non-Covered Area will be canceled under the terms and effects of Article 1456 of the Italian Civil Code, with consequent refund of the Total Amount Due, if already paid, with the methods and timings specified in Article 7.4 above. The refund period will start from the date of contract termination.

12.3 At the time of shipment, an email confirming the delivery of the Products to the carrier (“Shipping Confirmation Email”) will be sent to the user. The makers club reserves the right to modify the costs of Product Delivery, including, possibly, providing free Product Delivery costs, at any time, without notice, provided that the Product Delivery cost applied to the user will be the one indicated in the order summary, before the user is bound by the contract, and that no account will be taken of any variations, increases or decreases, subsequent to its transmission. The carrier will then send the user an email with the tracking number and/or the link to track the shipment.

12.4 Product Delivery is subject to a charge. Product Delivery expenses are borne by the user, unless otherwise indicated on the Product Page or other parts of the Website. The specific amount of Product Delivery expenses due by the user for a specific order will be expressly and separately indicated (in Euros and inclusive of VAT) in the order summary and, in any case, before the user submits the order, as well as in the order confirmation email.

12.5 In case of partial withdrawal from Multiple Orders and/or partial termination, for any reason, of the purchase contract relating to Multiple Orders, Product Delivery expenses will not be refunded, since their amount does not depend on either the number of Products subject to the order or their weight. In case of partial withdrawal from Multiple Orders and/or partial termination of Multiple Orders, for reasons not attributable to The makers club, if, as a result of the withdrawal or partial termination, the Total Amount Due should fall below the threshold that may have allowed the user to benefit from free shipping, the shipping costs, as resulting from the “Deliveries and Limitations” page, reachable through the corresponding link in the Website footer and on the Product Page, will be charged to the user and, consequently, deducted from the refund amount.

12. A) Home Delivery
    Home Delivery refers to ground floor delivery unless otherwise specified on the Product Page. Home Delivery will be carried out from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays.

12.7 The user acknowledges that the collection of the Product is their precise obligation arising from the purchase contract. In case of non-delivery of Home Delivery due to absence of the recipient at the address specified in the order form, the courier will leave a notice for the recipient containing the number to contact them (“Delivery Notice”). The courier will then make a second delivery attempt the next day, or the user must contact the courier to agree on an alternative delivery date, depending on the instructions provided on the Delivery Notice. If this attempt also fails or if the user does not contact the courier, the package will be “held” by the courier. The courier will then notify The makers club of the hold, and The makers club, through Customer Service, will contact the user to provide all the necessary information for the package collection at the courier’s branch. If the user does not collect the package from the courier’s branch within 5 days from the delivery of the delivery notice, the purchase contract will be automatically terminated under the terms and effects of Article 1456 of the Italian Civil Code, with consequent refund, within 15 working days from the contract termination, with the methods specified in Article 7.4 above, of the Total Amount Due, if already paid, minus the failed delivery expenses, hold expenses, return expenses to The makers club, and any other expenses incurred by The makers club due to the failed delivery due to the recipient’s absence. The delivery procedure, the terms for managing non-delivery due to the recipient’s absence, and the consequences of failure to collect within the agreed deadlines and return to the sender for non-delivery will be reminded to the user in the Shipping Confirmation Email.

12.8 In the case of Multiple Orders involving Products that must be delivered separately, the procedure under Article 12.7 above will apply independently to each delivery, with the consequence that failure to collect the Product within the term indicated in that article will not result in the termination of the entire contract, but in the partial termination thereof with reference only to the Product not collected. Consequently, the amount to be refunded to the user, if already paid, will not be the Total Amount Due but only the amount due in relation to the Product not collected, minus the expenses of the failed delivery, calculated as provided in Article 12.5 above, the hold expenses, return expenses to The makers club, and any other expenses incurred by it due to the failed delivery caused by the recipient’s absence.

12.9 During the purchase process, before the user submits the order, the terms within which The makers club undertakes to deliver the Products subject to the user’s order will be indicated, taking into account, in addition to the area and delivery method, also the possibility that the user purchases multiple Products with the same order. The delivery terms start from the working day following the conclusion of the contract (i.e., the order submission), unless otherwise indicated. The delivery term of the specific order will also be indicated in the order confirmation. In case of omission of the delivery term indication, delivery will be made, in any case, within thirty days from the working day following the conclusion of the contract. The obligation to deliver is fulfilled by transferring the material availability or control of the Products to the user.

12.10 If the purchased Product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, requests The makers club to make the delivery within an appropriate additional period considering the circumstances (“Additional Period under art. 61, paragraph III, Consumer Code”). If this additional period expires without the Products being delivered, the user is entitled to terminate the contract (“Contract Termination under art. 61, paragraph III, Consumer Code”), except for the right to compensation for damages. The user is not burdened with the obligation to grant The makers club the Additional Period under art. 61, paragraph III, Consumer Code (“Excluded Cases”) if: a) The makers club has expressly refused to deliver the Products; b) compliance with the delivery term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract; c) the user informed The makers club, before the conclusion of the contract, that delivery by or on a certain date is essential.

In Excluded Cases, the user, if they do not receive the Products within the delivery period indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, except for the right to compensation for damages (“Contract Termination in Excluded Cases”).

The indication of the Additional Period under art. 61, paragraph III, Consumer Code and the communication of Contract Termination under art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases must be communicated by the user to The makers club at the addresses specified in Article 16 below.

In case of Contract Termination under art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases, The makers club will refund the Total Amount Due to the user, if already paid, without undue delay, with the methods specified in Article 7.4 above. The refund period starts from the contract termination.

12.11 In any case, The makers club undertakes to promptly communicate to the user via email any delay in delivery (“Delay Notice”), simultaneously indicating the new delivery deadline, if available (“New Delivery Deadline”), and, in case the user does not proceed with the setting of the Additional Period under art. 61, paragraph III, Consumer Code or, if the conditions are met, with the Contract Termination under art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases, without prejudice to the user’s right to avail themselves of such remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, The makers club undertakes to: (i) in case of delivery with a delay of between 1 and 3 working days compared to the New Delivery Deadline: refund the user for Home Delivery expenses; (ii) in case of delivery with a delay of between 4 and 10 working days compared to the New Delivery Deadline, allow the user to refuse delivery and terminate the contract, with consequent refund.

12.12 In the case of Multiple Orders involving Products that must be delivered separately, the provision of Article 12.11 above will apply independently to each delivery. With respect to each delivery and therefore, limited to the Products subject to it, the user may proceed with the setting of the Additional Period under art. 61, paragraph III, Consumer Code and Contract Termination under art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases, if the conditions are met. In this case, The makers club will refund to the user the Partial Amount Due, if already paid, without undue delay, with the methods specified in Article 7.6 above, provided that, in the case of Mixed Payment, the refund of the Partial Amount Due will be made first by crediting, depending on the case, the same payment method used by the user for the purchase or the user’s PayPal or Satispay account, and only for the remaining amount by issuing a purchase voucher, to be spent on the Website within three months from its issuance. The refund period starts from the contract termination.

12.13 In any case, The makers club undertakes to promptly send the Delay Notice to the user, simultaneously indicating the New Delivery Deadline, if available, and, in case the user does not proceed with the setting of the Additional Period under art. 61, paragraph III, Consumer Code or, if the conditions are met, with the Contract Termination under art. 61, paragraph III, Consumer Code or Contract Termination in Excluded Cases, with respect to each delivery and the related Products in delay, without prejudice to the user’s right to avail themselves of such remedies and/or the ordinary means of protection provided by law and, in particular, by Chapter XIV of Title II of Book IV of the civil code, The makers club undertakes to: (i) in case of delivery of one of the Products subject to the Multiple Order with a delay of between 1 and 3 working days compared to the New Delivery Deadline: refund the user for Home Delivery expenses, calculated as indicated in Article 12.5 above; (ii) in case of delivery of one of the Products subject to the Multiple Order with a delay of between 4 and 10 working days compared to the New Delivery Deadline, allow the user to refuse delivery and partially terminate the contract and only with respect to the Product subject to the Multiple Order delivered late, with consequent refund, with the methods indicated in Article 7.6 above, of the Partial Total Amount, if already paid, immediately and, in any case, within 10 working days from the request for contract termination.

12.14 It is the user’s responsibility to check the condition of the Product delivered to them. Notwithstanding that the risk of loss or damage to the Products, due to causes not attributable to The makers club, is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products, the user is advised to check the number of Products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials (adhesive tape). In the user’s interest, it is recommended to note any anomalies on the carrier’s transport document, accepting the package with reservation. Indeed, accepting the Products without reservation does not allow the user to take legal action against the courier in case of loss or damage to the Products, except in cases where the loss or damage is due to the courier’s willful misconduct or gross negligence, and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in this latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. In case the packaging shows obvious signs of tampering or alteration, the user is also recommended to promptly notify Customer Service. In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains unaffected.

13. Right of Withdrawal

13.1 Pursuant to Articles 52 et seq. of the Consumer Code, the user who qualifies as a consumer has the right to withdraw from the purchase contract of the Product without providing any reason and without incurring costs other than those provided for in Articles 13.6 and 13.9 below, within a period of fourteen calendar days (“Withdrawal Period”). The Withdrawal Period expires after 14 days:

1. a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products;
2. b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
3. c) in the case of an order relating to the delivery of a Product consisting of lots or multiple pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.

It is noted that in the case where the order concerns a kit of pieces (“Kit”) or a box containing various pieces (“Box”), the Product consists of the Kit and/or the Box as a whole, as the packaging of the Kit or Box contains information required by law, such as, by way of example, the batch number and the INCI (“International Nomenclature of Cosmetic Ingredients,” i.e., the indication of the product’s ingredients). Consequently, the right of withdrawal can only be exercised in relation to the entire Kit and/or Box and not in relation to individual pieces contained therein.

13.2 To exercise the right of withdrawal, the user must inform The makers club, before the expiry of the Withdrawal Period, of their decision to withdraw. For this purpose, the user can:

1. a) use the standard withdrawal form (“Standard Withdrawal Form”) made available on the Website, before the conclusion of the contract via the “Right of Withdrawal” link, also accessible from the Product Page and attached to the order confirmation email;
2. b) submit any other explicit statement of their decision to withdraw from the contract (“Withdrawal Statement”).

13.3 The makers club offers the user the possibility to exercise withdrawal online by completing and submitting a specific form (“Online Withdrawal Form”) electronically, following the guided procedure provided in the “Returns/Right of Withdrawal” section of the Account. In case of exercise of withdrawal online, The makers club will promptly transmit to the user, via email, a confirmation of receipt of the withdrawal request. To exercise withdrawal online, the user must:

– indicate the Product(s) for which they intend to withdraw and then click on the “CONFIRM WITHDRAWAL AND RETURN” button after indicating the “Reason for return,” if desired, the reason for the return; this indication is mandatory.

13.4 The Withdrawal Declaration must be sent to the following email address: info@themakersclub.it, or to the address:

Tmc Italia Srl
c/o Customer Service
Via dei Francescani, 3 – 39100 Bolzano (BZ)

13.5 The user has exercised their right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by the consumer before the expiration of the Withdrawal Period. In case the user avails themselves of the Withdrawal Declaration, the consumer is invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which they intend to exercise the right of withdrawal, and their address. It is noted that, since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with the user, it is in the user’s interest to use a durable medium when communicating their withdrawal to The makers club.

13.6 The user must arrange for the return of the Products to The makers club using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they communicated their decision to withdraw to The makers club (“Return Deadline”). The Return Deadline is met if the user returns the Products before the expiration of the fourteen-day period. The Product, properly protected and packaged and in its original packaging (the original packaging, as it bears the INCI indication of the Product, is, given the type of Product, an integral part of the Product itself), must be returned to the following address:

Tmc Italia Srl
c/o Customer Service
Via dei Francescani, 3 -39100 Bolzano (BZ)

The direct costs of returning the Products are borne by the user, as well as the responsibility for their transport. In the case of Products that by their nature cannot normally be returned by post, the standard instructions on withdrawal (“Standard Withdrawal Instructions”) will indicate the estimated maximum cost of return, identified by type of Product and based on the cost of delivery thereof. The Standard Withdrawal Instructions, containing information on the exercise of the right of withdrawal, are made available to the user on the Website before the conclusion of the contract, through the “Right of Withdrawal” link, also accessible from the Product Page and attached to the order confirmation email. The return of the Products takes place under the responsibility and at the expense of the user. The user is kindly requested to indicate on the outside of the package used for the return, the order number for which they are exercising the right of withdrawal, in order to facilitate more efficient handling of the matter.

13.7 If the user withdraws from the contract, The makers club will proceed to refund the Total Amount Due, including delivery costs if applicable, or, in the case of partial withdrawal from Multiple Orders, the Partial Amount Due, excluding delivery costs if applicable, as indicated in Article 12.5 above, and excluding, in any case, the Additional Cash on Delivery Cost, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which The makers club was informed of the user’s decision to withdraw from the contract. Unless the user has expressly agreed otherwise,: (i) in the case of payment by credit card, the refund amount will be credited to the same payment method used by the user for the purchase; (ii) in the case of payment by PayPal, Satispay, the refund amount will be credited to the PayPal account or Satispay account used by the user for the initial transaction; (iii) in the case of payment by Club Purchase Voucher, as regulated in Article 11.9 above, the refund will be made by issuing a purchase voucher, to be spent on the Website within three months from its issuance, of an amount equal to the refund amount; (iv) in the case of Mixed Payment, as regulated in Article 11.10 above, the refund will be made, for the portion paid by the user using the Club Purchase Voucher, by issuing a purchase voucher, to be spent on the Website within three months from its issuance, equal to that portion, and for the portion paid by the user using a credit card or PayPal or Satispay, by crediting an amount equal to that portion, as appropriate, to the same payment instrument used by the user for the initial transaction or, respectively, to the PayPal or Satispay account used by the user for the initial transaction, provided that, in the case of partial withdrawal, priority will be given to the refund by crediting, as appropriate, to the credit card or, respectively, to the PayPal or Satispay account used by the user for the initial transaction, with the issuance of the purchase voucher only in case of a residual amount and for such residual amount; (v) in the case of Payment on Delivery, by bank transfer; in this case, The makers club will promptly contact the user in order to obtain the necessary bank details for the refund. In any case, the user shall not incur any costs as a consequence of such refund. The makers club may withhold the refund until receipt of the Products subject to withdrawal or until the user has demonstrated that they have returned such products, if earlier.

13.8 The user is solely responsible for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must be stored, handled, and inspected with normal diligence and returned intact, complete in every part, fully functional, accompanied by its packaging (which, as it bears the INCI indication of the Product, is an integral part of the Product itself) with all accessories, instructions, identification tags, labels, and single-use seal, if present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the purpose for which it is intended and free of signs of wear or dirt. Withdrawal also applies to the Product as a whole. It cannot therefore be exercised in relation to parts and/or accessories of the Product, without prejudice to what is provided for in Article 13.1 above in relation to Kits and Sets.

13.9 In the event that the Product for which the withdrawal has been exercised has undergone a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the Product, the refund amount may be reduced by an amount equal to such decrease in value. The makers club will notify the user of this circumstance and the resulting reduced refund amount within 5 working days from the receipt of the Product, providing the user, if the refund has already been made, with the bank details for the payment of the amount due by the user due to the decrease in value of the Product. Without prejudice to the cases provided for in Article 13.11 below and in general in Article 59 of the Consumer Code, in which the right of withdrawal does not apply and/or ceases to exist due to the occurrence of certain circumstances, and in which, therefore, no refund is due to the user, in the – different – cases in which the right of withdrawal applies, if the Product for which the right of withdrawal has been exercised has been opened, given the type of Products, it is presumed that the Product, being no longer possible to be sold, has undergone a decrease in value of 50%, and consequently, the refund amount will be reduced by 50%, without prejudice to The makers club’s right to deduct from the refund amount an even greater sum, in case the decrease in value suffered by the Product as a result of improper handling thereof exceeds 50%. In accordance with Article 13.1 above, in the event that the withdrawal concerns Sets and/or Kits, since the Product consists of the Kit or the Set as a whole, if even only one piece within the Set and/or Kit were opened, the minimum decrease in value of 50% will be applied to the entire Set and/or Kit.

13.10 If the withdrawal has not been exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle to any refund. The makers club will notify the user of this within 10 working days from the receipt of the Product, rejecting the withdrawal request. The Product will remain at The makers club’s disposal for the user to collect, which must be done at the user’s own expense and under their own responsibility.

13.11 It is reminded to the user that the right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and, in particular, regarding contracts concluded through the Website, concerning the supply (i) of goods made to measure or clearly personalized; (ii) of goods that are liable to deteriorate or expire rapidly; (iii) of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (e.g., creams, sunscreens, and cosmetic products in general, perfumes). The supply of a cosmetic product is considered unsealed if the packaging containing it is opened. The supply of a perfume is considered unsealed if the cap of the bottle containing the perfume is removed. The supply of a cream, sunscreen, or any other cosmetic product is considered unsealed if the packaging containing it is opened.

13.12 In the event that, under a legal provision, the right of withdrawal does not apply, specific and express communication of this exclusion will be provided on the Product Page and/or, in any case, during the purchasing process, before the user proceeds with the order transmission.

17. Applicable Law and Competent Court

17.1 The purchase contract concluded through the Website is governed by Italian law.

17.2 Without prejudice to the application to consumer users who do not have their habitual residence in Italy of the potentially more favorable and mandatory provisions provided by the law of the country where they have their habitual residence, in particular concerning the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercising such right, the methods and formalities of communicating it, and the legal warranty of conformity.

17.3 It is reminded that in the case of consumer users, for any dispute relating to the application, execution, and interpretation of these General Sales Conditions, the court of the place where the user resides or has elected domicile shall have jurisdiction.

18. Alternative Dispute Resolution ADR/ODR

18.1 Pursuant to Article 141-sexies, III paragraph, Consumer Code, the makers club informs the user who is a consumer within the meaning of Article 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint directly to the makers club, following which it was not possible to resolve the dispute, the makers club will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these General Sales Conditions (so-called ADR bodies, as indicated in Articles 141-bis et seq. Consumer Code), specifying whether it intends to use such bodies to resolve the dispute.

18.2 The makers club also informs the user who is a consumer within the meaning of Article 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for online resolution of consumer disputes (so-called ODR platform). The ODR platform is accessible at the following address: https://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved.

18.3 The user’s right to resort to the competent ordinary judge of the dispute arising from these General Sales Conditions, regardless of the outcome of the extrajudicial settlement procedure, is reserved, as well as the possibility, if the conditions are met, to promote an extrajudicial resolution of disputes relating to consumer relationships by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

18.4 Moreover, for any cross-border dispute relating to the application, execution, and interpretation of these General Sales Conditions, the user, who habitually resides or has domicile in a Member State of the European Union other than Italy, may initiate the European procedure established for disputes of modest amount by Council Regulation (EC) No. 861/2007 of 11 July 2007, before the competent judicial body, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, EUR 5,000.00 on the date on which the competent judicial body receives the application form. The text of the Regulation is available on the website: https://eur-lex.europa.eu/eli/reg/2007/861/oj.

18.5 According to Article 49 c. 1 letter v) of Legislative Decree No. 206/2005 (Consumer Code), the customer who intends to resolve a dispute arising with the merchant (the makers club) may avail themselves of the Parity Conciliation Procedure. The Procedure can be initiated if the consumer, after submitting a complaint to the company, within 45 days, has not received a response or has received a response that they do not consider satisfactory. The customer who decides to avail themselves of the Parity Conciliation Procedure is obliged to submit the application to the following address: conciliazione@consorzionetcomm.it or to the fax number: 02/87181126. For more information, please refer to the website: https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl.