| CONDITIONS OF SALE |
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| Abstract |
· These conditions are valid from the date 24/11/2000, also can be
updated or changed at any time by Marcucci Spa they will notify through the
pages of the website. The consumer is committed and obliges whenever a
change of the present conditions to ensure that they print and conservation
·These general conditions are subject to the purchase of products made
by means of distance communication network via the Internet site belonging to
www.marcuccishop.it Marcucci Spa established in Vignate (MI),
Strada Rivoltana km. 8.5 n.4.
· For each contract of sale "on line" means the distance contract, which
is the legal transaction with movable object and / or services concluded between
a supplier, Marcucci Spa established in Vignate (MI), Strada Rivoltana km. 8.5 n.4
and consumer reviews, as part of a system of distance organised by the supplier
for this contract, employs only technology called distance communication.
·For consumer means the individual who buys goods and services for
purposes not directly related to eventually turning professional.
·Operations purchase will be covered by the provisions referred to in
Decree No 185 of 22.5.1999, and the protection of confidentiality will be subject to
the discipline of Legislative Decree No. 196 of 30/06/03. |
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| Art.1: ACCEPTANCE OF TERMS |
1.1 The conditions provided in the preamble
are integral and essential part of this contract.
1.2 All contracts will be concluded directly through access by the
consumer customer at the Internet site matches www.marcuccishop.it, where
the customer can, in fact, conclude the contract for the purchase of goods
and / or product you carefully follow the directions and procedures foreseen.
(Only for purchases in Italy)
1.3 These general conditions of sale must be examined "on line" by
the customer before completing the purchase process. The submission of the
order confirmation therefore implies full knowledge of themselves and their
full acceptance.
1.4 The end user, by sending electronic confirmation of their purchase
order, accepts unconditionally and is obliged to observe, in its relations
with Marcucci Spa, the general conditions and payment outlined below, stating
that you have read and accept all the indications given by him under the
rules described above are taking note of the fact that Marcucci Spa It is
not considered subject to different conditions unless previously agreed
in writing. (All orders with delivery outside Italy must be confirmed
by Marcucci SpA to be considered valid). |
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| Art. 2: PRICE OF SALES AND METHOD OF PURCHASE
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2.1 All the selling prices of the products on display and indicated
on the web site www.marcuccishop.it for which constitute an offer to the
public under. 1336 cc, include VAT and any other tax.
2.2 The total cost of dispatch until an address of the customer
is charged to the customer itself. This cost will be, in any case made
known to the customer before confirmation. (Only for purchases in Italy,
for delivery outside Italy a transport quotation will be sent by Marcucci
SpA to the e-maill address provided).
2.3 The purchase contract is concluded through the exact compilation
and the consensus expressed by purchasing the accession date "on
line". (Only for purchases in Italy).
2.4 The customer can pay the goods ordered by using the methods
of payment listed on-line at the time of sale. (Only for purchases
in Italy, for orders outside Italy the only payment accepted is by bank
transfer in advance with all banking costs at the end user charge).
2.5 The prices of different types of transport are reported ONLY
for shipments within the Italian territory. In the case of purchase from
abroad and shipments in free zones, orders will be considered valid only
if made by bank transfer in advance and after confirmation from Marcucci
SpA relating to the transport that will determine the total amount to
be transferred.
The costs relating to the banks are to be considered with the customer.
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| Art. 3: METHOD OF DELIVERY |
3.1 Marcucci Spa will deliver to customers, at the
address indicated by the customer, the products selected and sorted, with
the terms stipulated in the previous article, through couriers and / or
shippers of confidence.
3.2 The goods purchased will be delivered within the time limits
provided for by. 6 Decree 185/1999. No responsibility can be attributed
to the supplier for non-delivery or delayed due to force majeure or unforeseeable
circumstances. (Only for purchases in Italy).
3.3 The customer is required to verify, after the receipt, the conformity
of the product delivered to him with the order made.
3.4 The Marcucci Spa is not liable for damage caused by the carrier
to products purchased.
3.5 Please note that for some products may exist special conditions
of transport. These conditions are described on product details. (Only
for purchases in Italy). |
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| Art. 4: AVAILABILITY OF PRODUCTS |
4.1 The customer can buy the products listed in the
electronic catalogue prepared by Marcucci Spa, and the existing amount of
stock.
4.2 Where an order exceeds the amount in the existing warehouse,
the system will accept the purchase limits of available products. For incrising
the quantity the customer has to send an e-mail or a fax to Marcucci Spa
directly. |
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| Art. 5: RESPONSIBILITIES |
5.1 Marcucci Spa assumes no responsibility for the
disruptions caused by force majeure such accidents, explosions, fires, strikes
and / or lockouts, earthquakes, floods and other similar events that prevent,
in whole or in part, to implement in a timely agreed to the contract.
5.2 Marcucci Spa shall not be liable to any third party or on damages,
losses and costs incurred as a result of failure to perform the contract
for the causes mentioned above, since the consumer law only to the refund
of the price paid.
5.3 Marcucci Spa is not responsible for any fraudulent use and illicit
that can be done by a third party, credit cards, cheques and other means
of payment, upon payment of the goods purchased. Marcucci Spa, in fact,
any time of the purchase procedure is in a position to know the number of
credit card company which, by opening a secure connection, is sent directly
to the manager of banking service. |
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| Art. 6: GUARANTEES AND METHOD FOR SUPPORT |
| 6.1 Marcucci Spa marketing products of high quality.
The guarantee is offered by the producers of such property and may not be
for a period of less than two years from the date of purchase as well as
art. Ae 1519 cc |
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| Art. 7: CUSTOMERS' OBLIGATIONS |
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7.1 The consumer commits and pledges, after having concluded yhe
order on-line, to print and keep the present conditions, which, however,
has already seen and accepted as a mandatory purchase and the specific
object of the acquisition of the product, so as to fully meet the requirement
of Articles. 3 and 4 of Decree No 185/1999.
7.2 These general conditions can be updated or changed at any time
by Marcucci Spa, they will notify through its website. It is understood
that the modification or amendment of the general conditions will be effective
only for contracts yet to be concluded and not for those outstanding at
the time of changes.
7.3 It is strict prohibition to the purchaser to enter false data,
and / or invented, and / or fantasy, in the registration procedure necessary
to enable him or her in the process for the execution of this contract
and the additional communications; personal data and e-mail must be their
only real personal data and not some other person, or fantasy.
7.4 It is expressly prohibited conduct double registrations corresponding
to a single person or insert data from third parties. Marcucci Spa reserves
the right to prosecute any violation or abuse, in and for the protection
of all consumers.
7.5 The Customer makes Marcucci Spa free from any liability arising
from the issue of tax documents incorrect because of errors related to
data supplied by the customer, the customer being solely responsible for
the proper placement.
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| Art. 8: RIGHT TO WITHDRAW |
8.1 Under Article 5 of the Decree on May 22, 1999,
n. 185, the customer can exercise the right of withdrawal, returning the
goods received and obtaining a refund of the price paid for it.
8.2 The consumer has the right to cancel the contract without penalty
and without specifying the reason, within a period of 10 working days from
the date of receipt of the goods purchased.
With regard to mobile phones - In compliance with the mandatory condition
laid down by producer - The right of withdrawal may be exercised as long
as the phone has been used for a talk time of less than 15 min.
With respect to the purchase of products in sealed packaging / blister,
however, the right of withdrawal will be permitted as long as such products
are returned with the original packaging in pack / blisters unopened
8.3 All costs of returning the products shall be at the customer
charge who, directly or through other means, will deliver at the same address
of the seller.
All items should be in the identical conditions of reception and, therefore,
with the original packaging, if sealed in blister or otherwise, still intact,
or, if not sealed, provided the original packaging and any manual and /
or educational booklets.
It is not allowed to return goods otherwise
8.4 The consumer may not exercise this right of withdrawal for contracts
to purchase audiovisual products or software sealed, which were opened by
the same; Nor may exercise this right to tailor products packaged or custom
or clearly that for them nature, can not be returned or are likely to deteriorate
rapidly or alteration.
8.5 To exercise the right of withdrawal, the customer must, within
the period specified above, send letter with return receipt to the following
address: Marcucci Spa, Road Rivoltana Km 8.5 - 20060 Vignate (MI). Within
the same period may be sent a telegram or a fax which must follow within
48 hours the above letter with acknowledgment of receipt confirming withdrawal
of it.
8.6 After having received goods returned from the Customer, Marcucci
Spa will checked goods and only after verify that the goods have been returned
to their state of origin, not used and in the original packaging intact,
only in that case Marcucci Spa will paid by the consumer for purchasing.
8.7 Transport costs incurred in the delivery of the product to the
customer and for the eventual return to Marcucci Spa are non-refundable. |
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| Art. 9: AUTHORISATION |
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9.1 By completing the appropriate space on the website, the customer
authorizes Marcucci Spa to use their credit card or other card issued
in replacement thereof, and to debit their bank account on behalf of Marcucci
Spa the total cost of which showed done online. (Only for purchases
in Italy)
The whole procedure is done via secure connection directly connected
at the bank owner and operator of the payment service on-line, which Marcucci
Spa can not access.
9.2 If the consumer were to use the right of withdrawal, as for
paragraph 8 of these general conditions, the amount to be repaid will
be credited to the same credit card.
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| Art. 10: RESOLUTION IN CONTRACT |
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10.1 Marcucci Spa has the right to terminate the contract by giving
simple notification to end user indicating the motivation, in which case
the customer will be entitled only to the refund of any amount already
paid.
10.2 Customer's obligations ref. to Art.7 , same as successful
payment that same customer made with the terms referred to Art. 2, have
essential constitution,so that for express pact, the non fulfiment of
only one of such obligations from the customer ,will determine the resolution
of the contract (ex art 1456 c.c.), without the necessity of a legal sentence,
except for the right of Marcucci SpA to make a proceedings for the compensation
of further damage.
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| Art. 11: PRIVACY |
11.1 The data is collected with the purpose of registering
the customer and turn against him procedures for the execution of this contract
and the necessary communications, such data are processed electronically
in compliance with the laws and can be performed only on request of the
court or other authority authorized by law.
11.2 The personal data will be communicated to delegates to carry
out activities necessary for the implementation of the contract and only
for that purpose.
11.3 The customer can exercise his rights in accordance with Legislative
Decree No. 196, 30/06/03, and that at any time, can ask to Marcucci SpA
to know the nature and origin of such data, and require that they be upgraded,
rectification, integration or cancellation, however subject to the right
to object, in whole or in part, to such use.
11.4 The cancellation of personal data can be requested at any written
communication sent by fax or post to the company headquarters or by e-mail.
11.5 Owner and responsible for the collection and processing of personal
data is Marcucci Spa, Strada Rivoltana km. 8.5 n.4 - Vignate 20060 (MI).
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| Art. 12: JURISDICTION IN COURT |
12.1 Any dispute concerning the application, implementation,
interpretation and violation of purchase contracts entered into on-line
via the website www.marcuccishop.it is subject to the jurisdiction of Italy;
these general conditions are mentioned, although not expressly provided
, the conjunction of Decree No 50, 15.1.1992 and Decree No 185 of 22.5.1999.
12.2 Any dispute between the parties relating to this contract shall
be governed by the laws in whose district has its own home consumers for
all other customers (or foreign companies), it is agreed that any dispute
will be the sole responsibility of forum Milan.. |