GENERAL CONDITIONS OF SALE
This information is provided for the site "https://www.marsetti.it" (Site) owned by MARSETTI ALBERTO limited liability agricultural company, with registered office in Via Scarpatetti,
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Company is not responsible for the supply of services and/or for the sale of products by such subjects. On the websites that can be consulted via these links, the Company does not carry out any checks and/or monitoring. The Company is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site.
Art. 2. Purchases on the Site
2.1 Purchase on the Site
- can only take place after registering on the Site
- it is allowed to users who have the quality of consumers.
2.2 Pursuant to art. 3, I paragraph, lett. a) of the Consumer Code, it should be remembered that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity, are considered consumers.
2.3 The Company reserves the right to refuse or cancel orders that come from:
- by a user who has previously violated the General Conditions of Sale.
- by a user who has released false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Company the documents requested by it or who have sent it invalid documents
Art. 3. Registration on the Site
3.1 To register on the Site, you must complete the appropriate form, entering the following data:
- first name
- residential address
3.2 You undertake to immediately inform the Company in the event that you suspect or become aware of an improper use or an undue disclosure of your access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or the provision of false, incomplete or in any case inaccurate personal data, without prejudice to the right of the Company to proceed with disabling the user's account.
Art. 4. Information directed to the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:
- to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Company, electronically, following the instructions that will appear from time to time on the Site
- the contract is concluded when the order form reaches the Company's server
- once the order form has been received, the Company will send you the order confirmation to the e-mail address indicated, containing:
- information relating to the characteristics of the purchase
- the indication of the price
- the indication of the means of payment used.
Art. 5. Information sheet
5.1 Each service is accompanied by an information page which illustrates its main characteristics (Information Sheet).
Article 6. Prices
6.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
6.2 The Company reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increase or decrease) following the transmission of the same.
6.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user sends it.
Art. 7. Purchase orders
7.1 The Service will be provided only following the payment of the Total Amount Due, consisting of the price for the Service and any amount due following the sending of the purchase order.
7.2 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.
7.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the pages of the purchase procedure. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 8. Method of payment
8.1 The following payment methods are permitted on the Website:
- Payment card
- Bank transfer.
8.2 The Company accepts credit cards from the circuits:
- MasterCard (Cirrus Maestro)
- Diners Club International
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization.
The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Company. The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time the order is sent.
8.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Company. The latter is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with this account.
In the case of payment through PayPal, the Total Amount Due will be charged by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, to contest which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
8.4 In the event that you choose bank transfer as the payment method, after placing the order you can make the payment to the bank details indicated on the Site.
In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the transfer by the Company and not from the date of transmission of the order, as happens in the case of which you choose other payment methods.
You are kindly requested to indicate the following data in the reason for the transfer:
- the order reference number.
From sending the order, you must arrange for payment within 3 working days. Failing that, the Company reserves the right to cancel the order in the following 2 working days.
Art. 9. Right of withdrawal
Art. 10. Legal guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When to apply
The Company is liable to the consumer for any lack of conformity of the Product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date the purchase was made (for example the payment card statement) and the date of the delivery.
In the event of termination of the contract, the Company will return the total amount paid to the consumer, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Company will return the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the means or payment solution used by the consumer for the purchase.
The Company is not responsible in the event of damages, of any kind whatsoever, deriving from the use of the Product improperly and/or not in compliance with the instructions provided by the manufacturer as well as in the event of damages deriving from unforeseeable circumstances or force majeure.
Art. 11. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
11.1 The purchase contracts concluded through the Site are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
11.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent.
11.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has presented a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arisen, the Company will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code) , specifying whether or not it intends to make use of these bodies to resolve the dispute itself.
11.4 The Company also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
11.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
11.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no.
Art. 12. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:
- by email, at the following address: email@example.com
The Company will respond to complaints presented within 4 days of receipt of the same.