Supplier Identification The goods subject hereto are those sold by Mavela Marmi Snc, owner of the website www.marmolove.com, with headquarters in Finale Ligure, Via dell'Artigianato n. 1/C, registered with the Chamber of Commerce of Savona, VAT n. 01037520093, referred hereinafter as the «Supplier». Marmolove is a registered trade mark, the use of it is strictly prohibited.
Communications and Complaints All written communications and complaints made to the Supplier will be considered valid only if sent to the following address: Via dell' Artigianato 1/C, 17024, Finale Ligure (SV). The Purchaser shall indicate in the registration form residence or domicile, telephone number or email address to which he/she wishes to be sent notices of the Supplier.
Definitions The term «online sales agreement» refers to a contract of sale concerning material movable property belonging to the Supplier, stipulated between the Supplier and the Purchaser under a distance sales system, using telematic instruments, managed by the Supplier. The term «Purchaser» refers to the natural person who performs the purchase, to which this agreement relates. The term «Supplier» relates to the subject cited above.
Subject of the Agreement In virtue of the agreement, through the use of telematic instruments, the Supplier sells and the Purchaser acquires at a distance the material movable goods indicated and offered up for sale on the website www.marmolove.com. All orders completed of products on the online shop www.marmolove.com assume prior consultation and acceptance of all these general conditions of sale. They function for defining rights and obligations of the parties concerning the online sales of goods and proposed by the Supplier to the Purchaser. Clicking for validation of order implies the full acceptance of these conditions: the click is equivalent to “electronic signature”.
Stipulation of the Agreement The agreement between the Supplier and the Purchaser can only be stipulated through the Internet, by access of the Purchaser to the address www.marmolove.com, where, following the indicated procedure, the Purchaser shall be guided to submit the purchase request for goods as indicated at the previous clause.
Conclusion and Validity of the Agreement The sales agreement is concluded through the precise completion of the request form and the express consent to purchase indicated through the online procedure, always after viewing the webpage providing the order summary, printable, containing the details of the Purchaser and the order, the price of the purchased goods, the shipping cost and any other applicable accessory costs, the procedure and terms of payment, the delivery address of the goods, the delivery schedule and the indication of the right of rescission. When the Supplier receives the order from the Purchaser, the Supplier sends a confirmation email or provides on display a printable confirmation webpage containing a summary of the order and all details indicated in the previous clause. The agreement shall not be processed or concluded in default of the above provisions.
Evidence of Transaction The electronic records stored in the computerized systems of Mavela Marmi Snc's under reasonable conditions of security, are considered evidence of the communications, the orders and the payments between the parties. The archive of order forms and invoices is kept in a reliable and durable medium which may be used as evidence.
Payment Method and Refund Every payment made by the Purchaser can only be made by means of one of the methods indicated on the webpage provided by the Supplier. Any refund to the Purchaser shall be done promptly through one of the procedures proposed by the Supplier and chosen by the Purchaser, and in case of exercise of the right of rescission, within 30 days from the date in which the Supplier came to the knowledge of the rescission. If the Supplier has already provided for the shipping, the 30-day period commences on the day of receipt of the return.
Prices All sale prices of the products displayed and indicated on the Internet website www.marmolove.com are expressed in Euro and constitute an offer to the public in terms of provisions of Article 1336 of the Civil Code. The sales prices are inclusive of VAT. The prices indicated for each of the goods offered up for sale to the public may vary and shall be considered valid for a day.
Product Information The Supplier shall make every effort to ensure accuracy of the information provided on the website www.marmolove.com about goods characteristics and product use. The images displayed on the mentioned website have the only purpose to present the products.
Product Availability The Supplier uses the telematic system for processing and issuance of orders received without delay. For such a purpose, the Supplier registers in real-time in the electronic catalog the number of available products and those unavailable. In case an order exceeds the quantity available in the warehouse, the Supplier through email shall notify the Purchaser whether the product is no longer available or as to the waiting times to receive the chosen goods, and request whether he/she wishes to confirm the order.
Delivery schedule and methods The Supplier shall deliver the products chosen and ordered in the treated geographical areas to the address indicated by the Purchaser at the time of the order. Delivery methods, schedule and costs are indicated on the website www.marmolove.com. However, if the Purchaser requests for a delivery to an address among the “disadvantaged area postal codes” (in relation to which delivery costs are higher), he will be promptly contacted by the Supplier, who will notify the additional cost for delivery. The Purchaser may thus choose if confirming the purchase or withdrawing (without costs). If the Supplier is not in a position of sending the goods within the time framed specified on the website, notice will be given via email to the Purchaser.
Delivery Problems Dependent Upon the Courier All products leave the warehouse of the Supplier in perfect conditions. Any anomaly that concerns the delivery (damage, missing product compared to the delivery receipt, damaged parcel, deteriorated product...) will have to be imperatively indicated on the delivery receipt in the form of “accepted with reservations”, accompanied by the Purchaser's signature. The Purchaser will have to confirm at the same time this anomalies by sending to the courier within a 2-working day time after delivery date a registered letter with notification of receipt clearly presenting the complaints. In addition, he/she will have to transmit a copy of the registered letter to the Supplier's address. The Supplier will not exchange the product in default of the above provisions. As for any shipment, it may happen that the delivery is delayed or the product is lost. In that case, the Supplier will notify the courier to initiate an investigation. Any possible effort will be made in the time needed to find the parcel. In case of negative outcome, the Supplier (who will be refunded by the courier) will deliver a new identical product at his own costs. The Supplier declines all liability for delay of delivery schedule dependent upon the courier, especially in case of loss of the products, bad weather conditions or strikes.
Delivery Errors and/or Discrepancy of Products The Purchaser shall address to the Supplier the same day of delivery or within the next working day any complaint regarding delivery errors and/or nonconformity of the product in kind or in quality between the details which are indicated on the purchase order and the delivered products. Beyond the above mentioned period, any complaint will be refused. Any complaint, which does not meet terms and conditions defined in this agreement, will not be taken into consideration: thereby the exemption of the Supplier's liability on the Purchaser. In case of error of delivery or nonconformity of the products, after notification to the Supplier and agreement with the same, each product to exchange or refund will have to be delivered back to the Supplier's address, in perfect conditions and in its original packaging.
Right of Rescission The Purchaser shall be entitled with the right to rescind the concluded agreement, without incurring any penalty and providing reasons, within 14 (fourteen) working days, calculated from the date of receipt of the purchased item. Should the Purchaser exercise the right of rescission, he/she may opt for refund of payment issued or exchange of the product. In the case of an exchange, the new delivery will be at the costs of the Purchaser. Should the Purchaser decide to exercise the right of rescission, he/she shall inform the seller by means of registered letter with notification of receipt to the following address: Via dell'Artigianato 1/C, 17024, Finale Ligure (SV). The postmark date shall be proof of receipt between the two parties. For the purpose of exercising the right of rescission, the communication may be validly replaced by return of the purchased goods, provided that it is done within the same terms. The date of handover to the post office or to the courier shall be proof between the two parties. Nevertheless, the return of the product shall take place within 7 (seven) days from the notice of rescission at the latest. In all cases, to avail of the right to a full refund of the price paid, the goods must be returned in full and normal conditions of conservation. The only costs payable by the Purchaser to exercise the right of rescission are the direct costs of returning of the goods to the Supplier. The Supplier will refund the full amount paid by the Purchaser without any costs and within 30 (thirty) days from the receipt of the return.
Obligations of the Purchaser The Purchaser shall pay the price of the purchased goods within the time-frames and in the manner indicated in the Agreement. At the conclusion of the online purchase procedure, the Purchaser shall print and keep these agreement. The information contained in this agreement has already been read and accepted by the Purchaser, who acknowledges it, as a compulsory part before confirming the purchase.
Causes of Resolution The obligation undertaken by the Purchaser of payment of the price according to procedures described on the Supplier's website, is a substantial obligation, therefore the parties expressly agree that default of the obligation, unless caused by unforeseeable circumstances or force majeur, shall bring about the legal termination of the agreement in accordance with Article 1456 of the Civil Code, without the requirement of any judicial decree.
Limitation of Responsibility The Supplier shall not be held responsible for inefficiencies resulting from force majeur, should he fail to process the order within the time-frame laid down by the agreement. The Supplier shall not be held responsible for damages, losses and costs incurred by the Purchaser following the non-conclusion of the agreement for reasons of which he is not responsible. The Supplier shall, except in the case of fraud or gross negligence, not be held responsible against the Purchaser, for inefficiencies or malfunctioning resulting from use of the Internet and which are beyond his control. The Supplier shall not assume any responsibility for fraudulent and illegal use by third parties of credit cards, cheques and other means of payment, upon payment of the products purchased. In addition, the Supplier, since dealing with natural material, shall not be held responsible for the product intrinsic characteristics related to the raw material, as for instance, colour, natural grains and holes. The seller or his suppliers shall not be held responsible for consequences, incidents, damages resulting from improper use of the goods purchased.
Data Protection and Processing of the Purchaser's Personal Data The Supplier protects the data of his customers and guarantees that the processing of data shall be done in compliance with the date protection regulations laid down by the Law Decree dated 30 June 2003, n. 196. The general and fiscal personal details acquired directly and/or through others by the Supplier, the data controller, are gathered and processed in paper, electronic, telematic format according to the processing procedures for the purpose of registering the order and activating, in relation to the customer, the procedure for execution of this agreement and the relative necessary notification, over and above the fulfillment of any legal obligations and to allow for the efficient management of commercial relations to the extent required in the best possible manner (Art.24, paragraph 1, letter b, Law Decree 196/2003). The Supplier shall processed data and information transmitted by the Purchaser in a confidential manner and shall not disclose it to unauthorized persons, or use it for purposes different to those for which it was gathered and shall neither transmit this to third parties. This data can only be disclosed upon request of a judicial authority or other legally authorized authorities. The personal data shall, subject to stipulation of a data confidentiality agreement, only be disclosed to persons entrusted with the implementation of the operations necessary for the execution of the stipulated agreement and shall be exclusively transmitted for this purpose. The Purchaser shall enjoy the rights laid down by Article 7 of Law Decree 196/03. The provision of personal data by the Purchaser is compulsory for the proper and timely execution of this agreement. The refusal to provide such data shall result in the impossibility to execute the Purchaser's order. Nevertheless, the data gathered shall only be kept for the time necessary for the completion of the purpose for which it was gathered or subsequently processed. The Supplier is the data gatherer and controller and the the Purchaser may address any requests to the company headquarters.
Agreement Archiving Procedure In terms of Art. 12 of Law Decree 70/03, the Supplier shall inform the Purchaser that every order submitted is saved in digital format on the Supplier's server in compliance with confidentiality and security standards.
Dispute Resolution Should any dispute arise in relation to this agreement, the Purchaser will firstly have to notify the Supplier in order to reach a consensual solution between the parties. Should the parties intend to bring proceedings before the ordinary Judicial Authority, jurisdiction shall fall within the competence of the Court where the Supplier's headquarter is based, except in the event of assumptions in accordance with Art. 33, paragraph 2, letter u of the Law Decree n. 206/2005.
Applicable Law and Reference This agreement shall be governed by the Italian law. Any matter not expressly provided shall be governed by law provisions applicable to relations and policies governed by this agreement.
Partial Invalidity Should one or more clauses among the above general sales conditions are not considered validated or declared as validated in compliance to a law decree, to a regulation or subsequently to a final decision issued by a competent jurisdiction, all the others will preserve their power and effectiveness.
Final Clause This agreement shall repeal and replace any agreements, understandings, negotiations, written or oral, previously made between the parties and concerning the object of this agreement.
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