Terms and conditions
GENERAL TERMS AND CONDITIONS “SHOP. MARI DERUTA. COM” handled and distributed by Fratelli Mari Maioliche srl
PREMISES: shop.marideruta.com (after named as “site”) is a E-commerce B2C- business to consumer online website, which addresses to private Customers ( after named as “customer”), editing catalogue produced by F. Lli Mari Maioliche srl for the online sells.
Ursusant to and for the purposes of art. 7 of D. L. VO April 9th, 2003, n. 70, communicates to the customers that the goods/services objects of the present agreement are presented by F. Lli Mari Maioliche (after named as “F. Lli Mari Maioliche”), registered office in Deruta (PG), Via Dell’Artigianato, 14- P. IVA 3106070547 n. R. E. A. PG- 264061.
All communications or requests for info shall be addressed to the above address or sent by email to: firstname.lastname@example.org, one of the F. Lli Mari staff will contact the “customer” shortly. A copy of the present General terms and conditions can be downloaded and saved on the customer’s pc through the download function PDF of “General terms and conditions F. Lli Mari Maioliche”.
Art. 1 Required general info to the “customer”
These general terms and conditions intend to discipline all relationships between “F. Lli Mari maioliche”, company owner of exploitation rights of the “Site”, and the “Customer”. The present general terms and conditions are integral and substantial part of each proposal, order and confirmartion of a P. O. From the “Customer”.
“F. Lli Mari Maioliche” shall update or modify the present general terms and conditions in any moment, also but not only in consideration of any regulatory changes. The new general terms and conditions of the agreement shall be valid and effective from the day of publication on the “Site”for all the contracts stipulated after that day. In any case, as these are distance selling contracts disciplined by Codice del Consumo KD. Lgs 206vof 06/09/2005) and by D. Lgs of 09/04/2003, the “Customer” will be protected by all the protections provided by those regalations and the following modifications. The goods bought on the “Site” are sold by F. Lli Mari Maioliche sed, registered office in Deruta (PG), via Dell’Artigianato 14- P. IVA 03106070547.
Art.2.- Registration of the “Customer”
In order to be able to join the services of the “Site”, users must register and accept the general terms and conditions provided in this document. The purchases proposed by F. Lli Mari Maioliche on its “Site” are only for private consumers users, as defined by Art. B3bof Codice del Consumo (D. Lgs 206 of 06/09/2005), or persons acting for purposes unrelated to any business or professional activity that maybe carried out. Therefore “F. Lli Ma ri Maioliche” invites all those users who are not private consumers to avoid to register. Companies or professional customers are invited to contact directly “F. Lli Mari Maioliche” using the address email@example.com. The provision of the required data is mandatory for the “customer” as it is strictly functional to performance of the same data. Any refusal to provide them makes impossible for F.lli Mari to provide the services and act any activity related to them. The “customer” accepts to receive (Art. 130 comma 4 - Codice delle Privacy) from “F. Lli Mari maioliche” communications and commercial proposals connected to the services of “F. Lli Mari Maioliche” to the indicated email address and in particular its newsletter. Shall the customer ask to stop receiving further communications, using the dedicated link in the commercial communication. For the “customer” willing to use the option “Invite a friend”, present in the “Site”, it’s possible to use the button “SEND”, declaring to have the consent of the recipient of the communication, “F. Lli Mari Maioliche” will use this email address only to allow the sending of the invitation to register to the “Site”. All data related to the email address of the recipient will not be saved by “F. lli Mari Maioliche” after invitation is sent.
Art. 3 contract for the sale and purchase of products.
In order to comply with D. Lgs 70 of 09/04/2003, with provisions about electronic commerce, “F. Lli Mari Maioliche” informs the “Customer” that to close a contract of purchase of products on the “Site”, the “Customer will have to fill an electronic PO and send it electronically to “F. Lli Mari Maioliche”, using the indications that will appear step by step and accompany the vorious stages of the purchase. In case the “Customer” needs a commercial invoice, he will have to fill in the special order spaces with tax domicile, fiscal code and VAT number. Contract is concluded when “F. Lli Mari Maioliche” registers the PO, having verified all info are correct and also payment. Before sending the PO, shall the “customer” correct all mistakes related to inserted data following the instructions that will accompany the various stages of the purchase on the “Site”. Once the PO is registered, “Fratelli Mari Maioliche” will send to the “Customer”, to the email address indicated during the registration stage in the “site”, the confirmation of the order and a payment receipt. We strongly recommend to keep this receipt as proof of the purchase. The PO will be filed in “F. Lli Mari Maioliche”’s archive and associated to the “Customer” for the necessary time of the order fulfillment and anyway within the terms of law. In order to access his own PO, shall the “Customer”access the “archive of orders-wish list” section of the “Site” using the password and user ID given at the moment of the registration, where he can find all orders placed.
On the order note received before the confirmation of the order the “Customer will find quantity,
codes and description of the single items and services, prices and eventually taxes. On each single code Technical descriptions, shapes, materials, sizes and colors will correspond to the technical specification of each single product and its variations. For each product or category of products, when introducing in the shopping cart, additional packing and shipping expenses, payment terms and the present general terms and condition applied to the contract will be applied, as per art. N. 52 of Codice del Consumo (D. Lgs 206 of 06/09/2005). It can happen that the item ordered is not available after the PO. In this case the price paid will be promptly returned within 30 days from payment with the retroactive currency to that day. In case the “customer” has placed an order with various items and some of them are not available, shall “F rate lli Mari Maioliche” make a partial delivery.
Art. 4-price of products and payment terms.
Price of the published items is inclusive of Italian VAT. Before the purchase the user will be able to visualize the amount of shipping expenses. Payment is possible with credit card (mastercard, Visa, Visa electron and Postepay) and PayPal. The credit card info are inserted directly by the bank partner of “Fratelli Mari Maioliche” and they are transmitted to the bank servers in encrypted form according to the standard SSL (Secure Socket Layer) at 128 bit, one of the safest and most functional protection systems available. For more security only the bank partner can access the data of the utilized credit card, F. Lli Mari Maioliche cannot have access to those data and memorize them. With the button “pay” during the purchase, the “Customer declares to fully accept and without reservation all presente general terms and conditions.
Art. 5 Orders
Purchase orders of products are processed only after receiving the confirmation of payment done of total amount due, considered as the price of the products inclusive of shipping expenses. “F.lli Mari Maioliche” will own the products until total payment.
“F. lli Mari Maioliche” reserves the right to refuse orders from “customers” with pending controversies or not…….. Or with strange phrasing behave. In case of unavailability of the product ordered, the buyer will be promptly informed by email and what established in art. 3 will be applied. Once confirmed the PO, the customer” will have the chance to verify details any moment on the web page, “F.lli Mari Maioliche” is available to help the customer in this even if the product ordered has been put temporarily out of catalogue after order placed by the “customer”.
Art. 6 Guarantee of products and guarantee of conformity of products.
“F.lli Mari Maioliche” is commette to provide products compliant with the specifications published, with technical specifications and with current regulations. Anyway products are hand made, small imperfections on glaze or colors are not to be considered as defects but on the contrary as value of the craftsmanship. Products will always be “first choice”, unless clearly indicated earlier. Terms of guarantee of products will run out from the day of delivery to the customer. In case of non compliance of the products, the “customer” has the right to a substitution of the product, with no additional charge, when this is possible considering the number of items available for the sell and when this is not too onerous for F.lli Mari Maioliche, considering the entity of the defect and the value of the item, if it was compliant. Alternatively, the buyer has the right to an appropriate reduction on the price or the resolution of the contract, at his choice. In case of resolution of the contract, “F.lli Mari Maioliche” will return the money paid by the “customer”, bedides the shipping costs, within and not beyond 30 days from the resolution day of the contract. In case of riduction on price, “F.lli Mari Maioliche” will return the amount of the reduction in the same terms as above. In any case, the amount of the refund will be communicated to the “customer” by email and accredited to him according agreements between the parts. Shall the “customer” agree with the customer care service of Fratelli Mari Maioliche” the shipping methods.
The guarantees related to the products sold are those given directly by the producer. Shall the customer report to “F. Lli Mari Maioliche” any defects of conformity (obvious vices) of the products, within 7 (seven) days from receipt of the goods, under penalty of decadence. In case of hidden defects, shall terms of law be applied. The guarantee of conformity will not be applied to items repaired, modified or changed in anyway by the “customer”. “F.lli Mari Maioliche” is not responsible for any damage due to installation and/or improper use of the product or non compliant to the instructions given by the producer as well as damages due to unforeseeable circumstances or force majeure.
Images and colors of the products published on the “Site” may vary from the real ones due to local settings and/or tools used by the “customers” for their visualization. In addition to the aforementioned guarantees the purchases made through the circuits managed by “F.lli Mari Maioliche srl” respond to the guarantee of product conformity. In fact “F. lli Mari Maioliche” responds to the “customer” about any conformity defect of the item purchased pursuant to and for the purpose of the provisions of Codice del Consumo (Titolo III- legal guarantee of conformity and commercial guarantees for consumer goods, Capo I about the sell of consumer goods, art. 128 and ss. Of D. L. Vò 22/07/2005 n. 206), provided it exists at the time of delivery of goods and manifested within 2 months from the receipt of the goods and as long as it is not a defect known by the customer at the time of stipulation of contract. Every defect must be communicated to “F.lli Mari Maioliche” within 7 days since its discovery sending registered email to the address on Art. 1. The date of posting stamp of the registered email will be authentic between the parties.
Art. 7 intellectual property and copyright.
“F.lli Mari Maioliche” reserves all rights on texts, operas, illustrations and images on web pages of the “Site” pursuant to what established by Codice Civile and Laws protecting copyright as like pursuant with Intellectual property. In this regard and in accordance with the provisions of the law about intellectual property, use is authorized only for private use, unless otherwise specified in the foregoing. Any other use is considered as forgery and it is sanctioned in conformity with Intellectual property, except with prior written authorization from “F. Lli Mari Maioliche”. Any total or partial reproduction of the published catalogue and associated to the “Site” is strictly forbidden.
Art. 8 Delivery of products, documents and packing.
“F.lli Mari Maioliche” will deliver at the customer’s expenses through partner courier in the location indicated by the “customer” during the compilation of the PO. At the time of delivery the “customer” shall check:
- Numbers of cartons delivered pursuant to what indicated in the document of transport.
- Product indicated in packs correspondent to what reported in the confirmation order.
- Cartons being not damaged or wet or anyway altered.
Any damage or mismatch in the number of cartons or indications must be immediately reported to the courier.
In the absence of the recipient at the time of delivery a notice will be left and the customer will have to contact the courier shortly and agree with them the new delivery. In case the “customer” doesn’t do so, he’ll be responsible of shipping, warehousing and recovery of the products. “F.lli Mari Maioliche” is not responsible of any delayed or missed delivery due to major force or fluke. Products will be delivered in standard packings with documents as for example instruction manual. The delivery occurs using couriers at the cost indicated on screen during the completion of the order, calculated based on weight, volume and destination of the goods. Shipping cost is at charge of the “customer” according to tariffs and costs indicated.
Art. 9 right of withdrawal.
Being the case of distance purchase contracts disciplined by Codice del Consumo (D. Lgs. 206 of 06/09/2005), the “customer” has the right of withdrawal, which consists of the right to return the purchased product and the consequent refund of the purchased price. The right of withdrawal must be exercised under penalty of forfeiture within 15 (fefteen) working days from the receipt of the goods without any penalty or without specifying the reason. In order to exercise this right, shall the “customer”send a registered email to the address indicated on Art. 1. The returned product will have to be sent to “F.lli Mari Maioliche” within 48 hours since the receipt of the authorization number for the return, together with the return form (that F.lli Mari Maioliche will have sent to the “customer” by email with the authorization number), within 30 days from receipt. “F.lli Mari Maioliche” will return the price paid to the “customer” within 30 days from the date of communication of exercise of withdrawal right and it will return the shipping expenses, but not those related to the return. The acknowledge of receipt is however not an essential condition to prove the exercise of the right of withdrawal. With the receipt by F.lli Mari Maioliche of the return from, the parts will be released from their respective contractual obligations, except for those of returning the products and returning the price. As required by Art. 67 of Codice del Consumo (D. Lgs 206 of 06/09/2005) the substantial integrity of the product is essential condition for the return of the product itself. The “customer” will have to send the product at his expenses, safe, with its original packaging and documents and accessories (right of withdrawal does not apply to sealed product once open), to limit damages to the original packaging we strongly recommend to use a second box where we suggest to write the authorization number. In any case putting stickers or labels directly on the original packaging should be avoided.
Until the shipment arrives in our warehouse, the goods are under the “customer”’s responsabilità, so “F.lli Mari Maioliche” is not responsible for any damage or theft/loss of the returned goods without any insurance.
Art. 10 Responsability and major Force.
“F.lli Mari Maioliche” will not be responsible for any damage, theft or loss and costs due to non execution of the contract against the “customer” or any other third party. Likewise, “F.lli Mari Maioliche” is not responsible for any possible fraudolent and illegal use that may be acted by third parties of credit cards and other means of payment, when paying the products. In fact “F. Lli Mari is not able to know the credit card number in any stage of the purchase process. Through a protected connection (protocol SSL) the credit card number gets transmitted directly to the bank used for the transaction online. In the event of force Majeure, the defaulting party will not be held responsible for the failure provided that it has done why is reasonably necessary to fulfill despite the force Majeure. Force Majeure is any sudden event, unpredictable and beyond the control of one or both parties (for example wars, riots, fires, floods, earthquake or any other natural disaster, strikes, bans from national international Authorities) such as to prevent the correct fulfillment of the obligations.
Based on regulations, personal data processing will be based on principles of lawful correctness, transparency by protecting the privacy and the rights of the user. With reference to what established, “F.lli Mari Maioliche” informs that:
A. Personal data given by the “customer”, or acquired in the activity of “F.lli Mari Maioliche”, may be subject to treatment by “F.lli Mari Maioliche” and in particular:
- From its own data system, respecting the above regulations, for institutional and administrative goals.
- To execute the service contractually agreed and the required accessory devices, to handle and execute those services “F.lli Mari Maioliche” can give those data to third parties as commercial partners, suppliers of marketed products; from its own customer service, even if it is outsorced; from the logistic center responsible of the packing of the products; from the couriers responsible of the delivery of the products; and from other companies that “F.lli Mari Maioliche” will use for its services, as for example partners for data entry or for catalogue published online.
- To fulfill legal obligations or any other obligation required by local authorities;
- To protect the rights of “F.lli Mari Maioliche” and of its legal rappresentative and agents.
B. The treatment that “F.lli Mari” wants to do:
- With the following ways: manually/computerized;
- It may also be carried out by a persone who is recognized as having the right to access the customer’s personal data by law or by secondary or community names.
C. Data will be kept by “F.lli Mari Maioliche” for the time prescribed by law; those data will not be transmitted to any other subject unless authorized by the “customer”.
“F.lli Mari Maioliche” informs also that the data communication is necessary but not mandatory and any refusal does not entail any consequence, but it may cause the default of the obligations assumed by “F.lli Mari Maioliche” for the supply of the requested service.
Owner of the treatment is F.lli Mari Maioliche S. R. L. registered office at via Dell’Artigianato, 14 06053 Deruta (PG) who the “customer” may contact to assert its rights as provide by law.
1. An interested person has the right to have the confirm about the existence of his data, even if not yet registered, and its communication in a intelligible form.
2. An interested person has the right to obtain the following indications:
a. About origin of personal data;
b. Purpose and method of treatment;
c. Logic applied in case of computerized treatment;
d. Identification details of the owner, the person responsible and the designated representative;
e. Subjects and category of subjects that data may be communicated to or that may know about them as designated representative in a state, or as responsible or agents.
3. An interested person has the right to obtain:
a. Update, correction or integration of data (when interested);
b. Cancelation, transformation into anonymous form or blocking of data processed in violation of the law, including those of which conservation is not necessary in relation to the purposes for which data were collected and after treated;
c. Certification that operations referred in a) and b) points have been brought to the attention, even for what concerns its content, of those people whose data have been communicated, except in cases where this fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
4. The interested person has the right to object, totally or partially:
a. For legitimate reasons to the processing of personal data concerning him even if pertinent to the purpose of the data collection;
b. To the treatment of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
Art. 12- Applicable law and jurisdiction.
The present contract must be understood as interpreted and regulated in accordance with Italian law. For anything not expressly regulated by this contract, the provisions of the relevant Civil Code will apply. For any controversy related to the interpretation and/or application of the present contract the Forum of Perugia will be competent in exclusive way.