GENERAL CONDITIONS OF SALE

PREMISE

These General Terms and Conditions of Sale (hereinafter, referred to as “GCS”) govern the purchase contract (hereinafter, the “Contract”) of the Products (hereinafter, the “Product” or “Products”) offered by Martini S.p.A. – Share Capital € 520.000,00 with registered office in Via Strada Nuova, 22 – 43058 Coenzo di Sorbolo (PR) – VAT ID IT01927580348 (hereinafter, “MartiniSPA”) – through its website with online commerce www.ilcocciodesign.com (hereinafter, the “Website”) to those who have carried out a purchase on the Website MartiniSPA (hereinafter, the “Buyer”) and, if it does not coincide with the Buyer, who is the recipient of an online purchase made by the Buyer (hereinafter the “Recipient of the Order”). These GCS are intended only for customers who qualify as “Consumers” in accordance with art. 3, co. 1, letter A), of Legislative Decree No. 6 September 2005, No. 206, i.e. “natural persons acting for purposes outside the entrepreneurial or professional activity possibly carried out“, as well as adults.

All the information contained in the Website are both in Italian and English language. At the time of finalization of a purchase of a Product on the Website by the Buyer (hereinafter, “Order”), the Buyer himself accepts totally and unconditionally the present GCS in addition to the General Conditions of Use of the Website. User declares to have read all of the above information and GCS before placing the Order. The Buyer, before placing the Order of the Product, declares that the purchase of that Product has no direct relationship with its professional activity, being their purchase destined for personal use. He also declares that he has the legal capacity to commit himself as provided in these GCS.

 

SUBJECT

These GCS have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the MartiniSPA’s online shop www.ilcocciodesign.com. It is stressed that this version of GCS refers only to sales made to consumers with their domicile or their residence in Italy and are only related to qualifying customers as “Consumers” pursuant to art. 3, Co. 1, letter A), of Legislative Decree No. 6 September 2005, No. 206, i.e. “natural persons acting for purposes outside the entrepreneurial or professional activity possibly carried out“, as well as adults. The GCS apply to all sales, regardless of the device that the Buyer uses (e.g. PC, smartphone, tablet, etc.). The GCS that apply to any given Order are those accepted by the Buyer at the time of the Order. In any case, MartiniSPA reserves the right to modify the present GCS at any time and without any need of notice.

SECTION A – INFORMATION EX. ART. 49 CONSUMER CODE

ART.1 – SELLER INFORMATION

Martini S.p.A.
Via Strada Nuova, 22
43058 – Coenzo di Sorbolo (PR) – Italy (IT)
VAT ID: IT01927580348
Telefono: +39.0521.669.111
Fax: +39.0521.669.149/169

Customer Service
Phone: 800 001051 (Mon-Fri, 09.00-13.00 / 14.00-18.00)
email: customercare@martinispa.com

For any information related to the Order, the Buyer and/or the Recipient of the Order can contact the Customer Service MartiniSPA through the references indicated:

Phone: 800 001051 (Mon-Fri, 09.00-13.00 / 14.00-18.00)
email: customercare@martinispa.com

ART.2 – PRODUCT CHARACTERISTICS/CUSTOMIZATIONS

The Buyer has the right to identify and purchase one or more of the Products available for sale. Since the conclusion of the Order, MartiniSPA will not make any changes to the prices and quantities of the Products purchased by the Buyer. In any case, MartiniSPA may vary the assortment of Products for sale and related information, such as price. The Buyer can take a look at the Website, already before buying on the same, of the information relating to art. 49 D. Lgs. No. 206 of September 06, 2005 – Consumer Code, including, without limitation, the price (including taxes), shipping costs, basic Product information and other data as required by Italian law.

The Products conform to the laws in force at the time of ordering and applicable in Italy. However, MartiniSPA, in the event of non-conformity of the Products with respect to the applicable law, shall not be held liable. The Buyer is obliged to check with the local authorities how to use the products he wants to order.

All MartiniSPA Products –Il Coccio are the result of a craftsmanship and therefore can be subject to chromatic variations. The shades of the Products may vary between a lot and the other, but also within the same production lot, and this depending on the fact that the Products are made of raw materials for which it is usual and habitual a variation of tonality; any colour differences are therefore not to be considered defects but peculiarities and characteristics of the Products themselves. The degree of sanding and any other processing of the material may not be identical between the different objects, even within the same production lot. They may occur between Products of the same colour and/or different objects/codes, any differences in thickness, surface machining (sanding) and tonality. The images and photographs present on catalogues, price lists, advertising materials and web, have the sole purpose of providing an orientation view of the Product. The colours and workmanship of the materials represented must be considered as general and approximate indications of the Product and not binding in relation to the Product(s) delivered.

ART.3 – PRODUCT AVAILABILITY

The present offers have a temporal validity until the end of the presence on the Website and are limited in the quantities available. The actual availability of the Products will be confirmed to the Buyer at the time of the Order, through an email confirming the receipt of the Order (hereinafter, “Order Confirmation email”). If due to systemic or organizational anomalies there is an error of total or partial availability of the Products purchased, the Buyer or the Recipient of the Order will be immediately informed by email (at the address associated with his profile) or by telephone, in relation to the total or partial cancellation of the Order. If the Order is cancelled entirely, the Buyer will receive a refund equal to the total value of the Order made (on the payment card or PayPal account from the same indicated for the purchase). If the Order is cancelled partially, the Buyer will receive a refund equal to the value paid for the Products that have resulted to be unavailable. However, the Customer Service will contact the Buyer or the Recipient of the Order to inform him of the problem and to try to satisfy his expectations and the management for the reimbursement.

ART.4 – PRODUCT PRICES

The prices of the Products for sale are indicated in Euro currency and are valid at the time of placing the Order. MartiniSPA may, in any way, modify the prices at any time and without notice and such changes will be made known to the Buyer before sending any Order already made. The prices indicated are inclusive of the VAT applicable at the time of the Order. If the applicable VAT varies, this variation will be punctually reflected on the prices. Above € 50.00 of expenditure, the costs of the shipping are to be considered included in the price indication of the Products. The shipping costs are clearly indicated to the Buyer before the Order is concluded, and may vary according to any additional ancillary costs related to the same delivery that the Buyer may decide to request, as well as in according to the delivery address. The shipping costs and related additional delivery costs are described in GCS and MartiniSPA reserves the right to modify them at any time, without these changes being reflected in Orders already made and accepted by MartiniSPA. For this reason it is advisable to take vision of these GCS before each Order.

ART.5 – PAYMENT

5.1 – PAYMENT METHODS

The Customer who wishes to proceed with the purchase of the Products must manifest this will through a request made directly on the Website, in the section specifically dedicated, where, following the procedures indicated therein, will send the purchase Order and make the payment. Orders are payable in Euro, taxes and compulsory contributions included and any bank charges are at the sole expense of the Buyer, even in reimbursement situations.
The payment of amount is due from the moment of the Order. The Customer agrees to pay the set price for the Product ordered on the Website (price of Products, transport and any ancillary conditions) through the available payment methods.

By finalizing an Order, the Buyer warrants to MartiniSPA that he is in possession of the necessary authorizations to use the payment method selected in the Order phase. In any event, MartiniSPA reserves the right, at its sole discretion, to cancel the preparation of an Order or its dispatch in cases of non-payment and attempted fraud, even with reference to previous Orders.

5.2 – MEANS OF PAYMENT

The Buyer warrants to MartiniSPA that he has the necessary permissions to use the payment method chosen for his Order when sending the Order.

MartiniSPA has its own Business account on the PayPal platform, from which the User can choose the preferred mode of payment. In the final phase of the Order process, the Buyer is redirected to the PayPal platform to finalize the purchase.
Security is a priority for MartiniSPA. More in detail to accepted payment methods, here is the punctual list:

  • Credit card: Visa, Maestro, MasterCard, American Express and related circuits;
  • Prepaid card: Visa, Maestro, MasterCard, American Express and related circuits;
  • PayPal account: if the Buyer has a PayPal account, he or she may decide to pay according to this mode.

In the case of payment by credit card, it is advisable to always have at your fingertips the SecureCode to speed up the purchase.

5.3 – SECURITY IN PAYMENT TRANSACTIONS

In the case of payment by credit card, MartiniSPA reserves the right to request the submission, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, remaining understood that, failing to send what required, MartiniSPA may refuse payment and cancel the Order. With the aim of guaranteeing the security of payments, if these are done by credit card, the Buyer will be obliged to indicate, during the payment phase, the security Code (CVV) of the card used. MartiniSPA, with the aim of guaranteeing the utmost security and fairness in respect of the transactions made, reserves the right to ask the Buyer copy of his identity card against any payment made. In the context of the fight against fraud on Internet payments, information related to the Buyer’s Order may be transmitted to third parties authorized by the law and designated by MartiniSPA, with the sole purpose of verifying the identity of the Buyer and/or the Recipient of the Order, the method of payment, the validity of the Order and the place of delivery.

MartiniSPA has its own Business account on the PayPal platform, which monitors every single transaction 24 hours a day, to prevent fraud, phishing emails, identity theft and other unpleasant situations. The advanced automatic encryption systems of PayPal help to maintain high security standards. In addition, the Website www.ilcocciodesign.com uses Secure Sockets Layer (SSL) communication protocol for the authentication of the Website visited, the protection of privacy and maintain the integrity of the data exchanged between the communicating parties.

ART.6 – PRODUCT DELIVERY

6.1 – GENERAL RULES

This version of GCS refers only to sales made to Consumers with their domicile or their residence in Italy. The geographic delivery area corresponds to the geographical coverage area of the offer.

Deliveries are carried out from Monday to Friday, during only the working days, excluding Italian holidays. Orders received from Monday to Friday, excluding Italian holidays, will be processed on the same day or next business day. Orders instead, received on Saturday or Sunday, will be processed on the following Monday or Tuesday.

The Products ordered are delivered to the address indicated by the Buyer as a delivery address. MartiniSPA ships throughout the Italian territory, and is excluded any other country in this regard.

The shipments in Italy are free for all Orders from € 50.00 of expenditure! For Orders below this amount, the shipping costs are € 4.90. Once the User has entered the shipping address, he will still be able to view the amount before completing the payment.
Any delivery charges and shipments to the ZIP codes of difficult reach, involve an extra cost, which will be displayed directly on the Order Confirmation before proceeding to the final payment phase.
The delivery, if not specified as an ancillary condition, means the road plan. Hard-to-reach ZIP Code locations shipments (by way of example: Minor Islands, Venice, Livigno and Campione d’Italia) involve variations in the indicated transport rates. The tax documents relating to the Order (e.g. the invoice, if requested) are sent by email to the Buyer at the electronic address specified during the Order or linked to the account on the Website.
MartiniSPA is therefore obliged to deliver the Products to the address communicated by the Customer in the purchase Order, by means of the carrier responsible for the transport of the goods. Delivery is made by couriers selected by MartiniSPA; please take note that mailboxes are not considered valid addresses for the delivery. MartiniSPA cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase Order by the Customer. MartiniSPA shall not be liable for any damage to the Products which may have occurred after delivery to the carrier responsible for the transport of the goods, and for delays in delivery to the latter attributable.

6.2 – PRODUCT SHIPPING PROCEDURE

The delivery to the Recipient of the Order provides for the signature for acceptance on the proof of delivery that the carrier will store with registration on the PDA and the relative name of the person who withdraws. In this sense, the digitized signature is actual proof of delivery and cannot be contested. It is not possible to raise any dispute relating to the shipment itself if the parcel has been delivered. To this end, as mentioned above, the carrier’s computer system is authentic. Upon delivery, the Customer must verify the content, conformity and status of the Product (or Products). In case of delays, failures, total or partial losses or other problems, it is Customer’s right to appeal the carrier without the liability of MartiniSPA being ever taken into account. Therefore, upon delivery, MartiniSPA recommends to the Customer, before signing the receipt document, to verify the status of the delivered Products. If anomalies are detected, the Customer must refuse the delivery of the Products or put in writing their own, detailed and dated reserves. Such reserves shall be confirmed to MartiniSPA by registered letter with return receipt in the three (3) working days following the delivery of the Products. Otherwise the Recipient must, in any case, in any situation where the Order has not been delivered under optimal conditions, i.e. the Products purchased received in the correct quantities and without any problems of conformity or damage, contact Customer Service in the time and manner described in these GCS. In particular, by contacting the Customer Service, the latter will do as best as possible to resolve the problems occurring, within the limits of what is already indicated in these GCS, and explaining to the Recipient of the Order the modalities to proceed and, if where possible, alternatives of choice to proceed.

In case of absence of the Recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer and will return on the working day after the date of the first attempt to deliver. In case of absence of the Recipient even on the second attempt to deliver, the Products will be returned to MartiniSPA which reserves the right to reimburse the price of the Products, however deducted the shipping costs incurred for the return transport and the administrative management, preventively quantifiable in € 10.00, and which will be at the Customer’s sole expense.

6.3 – DEFECTS, NON CONFORMITY AND PRODUCT DAMAGE

In reference to the provisions of the Consumer Code, pursuant to article 129 et seq., where there are cases of defects in conformity of the Products purchased, the Buyer will be entitled to a guarantee concerning on one side the restoration of conformity of the Product, without any expense, on the other side the replacement of the Product (art. 130 and 132 of the Consumer Code). In the event that these faculties fail, it will be possible to apply a price reduction or finally, it will be possible to terminate the contract. The Buyer shall be obliged to complain of the non-conformity of the purchased good(s) within the period of two (2) months from the date of receipt of the Order; after this period, the Buyer loses all rights. It is specified that a defect of minor conformity for which the remedy for repair/replacement cannot be assessed, does not entitle the contract to be terminated. However, we invite the Recipient of the Order to check the status of the parcel and the Products at the same time as the Order is received. If anomalies occur in relation to the parcel received (open, damaged or otherwise) or to the Products themselves (in addition, damaged or defective), the Buyer or the Recipient of the Order shall be obliged to return MartiniSPA the Products, as below detailed procedures in these GCS

In case the User does not comply with the indicated modalities, MartiniSPA and the carrier are automatically excluded from any appeal, including the right to refund the Order and the return of the Products. The Recipient of the Order shall, in any case, in any situation where the Order has not been delivered under optimal conditions, i.e. the Products purchased/received in the correct quantities and without any problems of conformity or damage, contact Customer Service in the time and manner described in these GCS.

In particular, by contacting Customer Service, the latter will do as best as possible to resolve the problems occurring, within the limits of what is already indicated in these GCS, and explaining to the Recipient of the Order the modalities to proceed and, if and where possible, alternatives of choice to proceed. The Recipient of the Order, in case of return, must follow the detailed arrangements from the Customer Service, otherwise any claim for reimbursement or substitution of the affected Products will fall automatically.

Procedures to be followed in case of visible damage to the parcel for return to MartiniSPA.

If, at the time of delivery, the Recipient of the Order suspects a possible case of tampering or damage to the parcel, it must refuse the parcel itself or accept it with reserve, by communicating it contextually, in a clear and detailed manner, to the carrier’s appointee. If the Recipient refuses the parcel or, after accepting it with reserve, there are problems of damage or tampering, the Recipient will have to report with detail and promptly the situation to Customer Service, in the time and manner described in these GCS.

Procedures must be followed in case of defective products, damaged or in quantities other than those purchased.

The Buyer or the Recipient of the Order, if there is a case of defective products, damaged or missing, must promptly report the situation to Customer Service, in the time and in the manner described in these GCS. The Customer Service, with the sole purpose of helping the Buyer or the Recipient of the Order in the resolution of the problem verified, may request information regarding the identity of the Buyer or the Recipient of the Order by proceeding with any verification that may be considered useful. Identified the situation and found a resolving modality, the Customer Service will indicate to the Buyer or Recipient of the Order the procedure that the latter must follow for the return of the products concerned.

Once the Products have been received, MartiniSPA will verify that these Products are actually defective, damaged or mismatched with the description provided on the Website. Where such verification is positive, in accordance with the provisions of art. 130 and following of the Consumer Code, MartiniSPA will replace the defective, damaged or non-compliant Product and send it to the Buyer in the shortest possible time and in any case within thirty (30) working days from receipt of the Products. Shipping costs will be fully charged to MartiniSPA. In the event that MartiniSPA is unable to replace the Products within the aforementioned period, MartiniSPA will immediately notify the Buyer to the email address indicated at the time of registration or Order, and refund the Buyer the cost of these Products and the shipping, where the Buyer provides proof of the cost claimed to return the Products in question. The refund of the price will be made by MartiniSPA with the modalities chosen at its discretion in the shortest possible time, and in any case within 30 (thirty) working days from the date on which it will receive the Products.

If, after examining the returned Products, MartiniSPA reasonably believes that the Products cannot be considered defective, damaged or not in conformity with the description on the Website, the Buyer will not be entitled to reimbursement and the Products will be returned to his address at his own expense.

All MartiniSPA Products –Il Coccio are the result of a craftsmanship and therefore can be subject to chromatic variations. The shades of the Products may vary between a lot and the other, but also within the same production lot, and this depending on the fact that the Products are made of raw materials for which it is usual and habitual a variation of tonality; any colour differences are therefore not to be considered defects but peculiarities and characteristics of the Products themselves. The degree of sanding and any other processing of the material may not be identical between the different objects, even within the same production lot. They may occur between Products of the same colour and/or different objects/codes, any differences in thickness, surface machining (sanding) and tonality. The images and photographs present on catalogues, price lists, advertising materials and web, have the sole purpose of providing an orientation view of the Product. The colours and workmanship of the materials represented must be considered as general and approximate indications of the Product and not binding in relation to the Product(s) delivered.

In the additional case where the Buyer receives more product quantities than those purchased and/or Products not purchased, the Buyer must contact Customer Service, in the time and in the manner described in these GCS. The Customer Service will arrange, in agreement with the Buyer, a passage by MartiniSPA’s carrier for the recovery of the Products concerned. In this case, the return costs are fully charged to MartiniSPA.

6.4 – SHIPPING TIMES AND COSTS

The delivery times of the Orders’ shipments, which become effective from the dispatch of the Order Confirmation email to the Buyer, are generally included in two (2) to three (3) business days. If the delivery concerns ZIP Code locations difficult to reach and/or islands, these yields could be extended by approximately one (1) day.

Shipping costs are free of charge throughout Italy from minimum Orders of € 50.00. For Orders below this amount, the shipping costs are € 4.90. Hard-to-reach ZIP Code locations shipments will involve an extra cost (shown below), which is automatically displayed on the Order confirmation before proceeding to the final payment phase.

  • MINOR ISLANDS and VENICE: Supplement of € 22.00
  • LIVIGNO and CAMPIONE d’ITALIA: Supplement of € 69.00

In addition to the above-mentioned costs, if required, the following delivery charges may also apply:

  • TELEPHONE NOTICE: € 3.00
  • DELIVERY TO THE FLOOR – CITY: € 10.00
  • DELIVERY TO THE FLOOR – OUT OF TOWN: € 10.00

MartiniSPA reserves the right to change these costs without notice to the Buyer, even, as an example, in the event of a reduction or zeroing of the same for promotional reasons. In any case, the costs charged at the time of the Order will not be changed for the Order itself and become effective from the date of modification, as well as made known to the Customer during the finalization of the Order.

ART.7 – RECESS

7.1 – LAW AND TIME LIMITS FOR THE WITHDRAWAL EXERCISE

Pursuant to article 52 of the Italian Consumer Code and without prejudice to the exclusions referred to article 59 of the same code (see in particular the assumption of the purchase of clearly customized goods or the supply of sealed goods which are not suitable for returned for hygienic reasons or related to health protection and which have been opened after delivery), the Buyer may, within fourteen (14) days of the acquisition of the physical possession of the parcel containing the ordered goods or, in the case of purchase of multiple goods ordered by the Buyer in one Order and delivered separately, from the acquisition of the physical possession of the last asset purchased, withdraw from the contract of purchase without penalty and without any reason. It makes full proof of receipt the date shown on the proof of delivery. As foreseen by Legislative Decree 6/9/2005 No. 206 and art. 55 of the Consumer Code and as mentioned above briefly, the right of withdrawal regulated by these GCS does not apply to custom-made or clearly customized goods or that, by their nature may not be returned or are likely to deteriorate or change rapidly. In any case, the provisions provided for by these GCS remain in the event of defects in conformity or damage to Products.

If the Product has already been delivered, the Customer is obliged to return it to MartiniSPA. To this end:

  • – the deadline for returning the Product is fourteen (14) days from the notice of withdrawal (in the case of reshipment by the Customer, the Customer must provide proof of shipment). For the purpose of expiry of the term, the Product shall be deemed to be returned at the time when it is delivered to the Post Office and/or accepting courier;
  • where the Product is delivered, the substantial integrity of the Product to be returned is an essential condition for exercising the right of withdrawal. The Customer must ship the Product properly packaged and packed; MartiniSPA does not accept damaged Products, but kept in normal state of preservation and with the use of normal diligence. Products damaged by detergents/additives, or Products damaged by the Customer for impairment, will not be replaced or reimbursed. The Customer must insert inside the box/packing envelope copy of the received delivery document and appropriate RETURN FORM and WITHDRAWAL FORM TYPE. The risks of transport for the Products return are fully charged to the Customer;
  • with reference to the return costs, these will be the exclusive responsibility of the Buyer or the Recipient of the Order, as provided by art. 57 of the Consumer Code. If the Customer exercises the right of withdrawal in accordance with the provisions of these GCS, MartiniSPA will reimburse the sums paid by the Customer on the same means of payment used by the Customer for the original transaction (credit card or Paypal account), unless otherwise indicated by the Customer. The refund will be made free of charge within the period of fourteen (14) days from the date on which MartiniSPA has become aware of the exercise of the right of withdrawal by the Customer, without prejudice to the right of MartiniSPA to withhold the refund until the goods has not been returned or until the Buyer has shown that it has sent back the object of the Order (depending on the timing of occurrence of one or the other situation).

7.2 – PROCEDURE FOR EXERCISING THE WITHDRAWAL RIGHT

If the right of withdrawal is exercised, the Buyer or the Recipient of the Order must return the Products to the address specified below. The Buyer or the Recipient of the Order, agreeing with the Customer Service in this regard, may decide whether to return the Products to MartiniSPA using a courier of their own preference or Poste Italiane. The return costs will be entirely borne by the Buyer and/or the Recipient of the Order (art. 57 of the Consumer Code), without prejudice to the case where the withdrawal is due to the delivery of defective, non-compliant, damaged or missing Products, in which case MartiniSPA will refund to the Buyer and/or Recipient of the Order any shipping costs incurred. In any case, the Recipient of the Order will be responsible for the dispatch of the Products concerned with a service that allows the traceability and confirmation of delivery to the destination. However, it is strictly necessary that the Buyer does not act autonomously before having agreed with the Customer Service, but have to contact it in the time and manner described in these GCS. In the event that it is MartiniSPA to organise the withdrawal through its organized carriers, the shipping costs related to the return transport and the administrative management, charged to the Buyer and/or Recipient of the Order, are in advance calculated at an amount of € 9.90 (throughout Italy, except for the hard-to-reach ZIP Code that involve supplements in the indicated transport rates). In order to exercise the right of withdrawal, the Products must be returned to MartiniSPA in their substantial integrity, with their original packaging, accessories, instructions for use and anything else provided, and in any case not opened or discarded or used in any way. The Buyer must then pack the goods using the original packaging. If this is not possible, a sufficiently sturdy cardboard/envelope packaging must be used to prevent the Products from getting damaged at their destination, and the parcel(s) must be shipped to the following address:

PVS Services Italia S.r.l

F.A.O.: Resi e-Shop MartiniSPA – Il Coccio design
Strada Provinciale, 72
43056 – Torrile (PR) – Italy (IT)

Only parcels addressed correctly will be accepted. The Recipient of the Order is solely responsible for any risk related to the return of the Products.

The return for the right of withdrawal finds application, as well as for other possible case of return, with a necessary contact between the Buyer or the Recipient of the Order and the Customer Service.

To exercise the right of withdrawal, the Buyer and/or the Recipient of the Order will have to fill in the appropriate RETURN FORM and WITHDRAWAL FORM TYPE, duly subscribed (paying attention to return the Order number) and sent by registered mail or through the use of the electronic address of the Customer Service (customercare@martinispa.com), taking care to attach the forms; alternatively, the Buyer may communicate the withdrawal to MartiniSPA through an explicit declaration (e.g. a registered letter sent by mail, fax or e-mail sent to the address indicated in Art. 1 of these GCS). In order to comply with the withdrawal period, it is sufficient that the Buyer submits the forms or the explicit notice before the expiry of the applicable recess. The use of forms facilitates the management of the return process by MartiniSPA. The Buyer or the Recipient of the Order, if different from the Buyer, is therefore invited to use the forms in question.

ART.8 – EXTRAJUDICIAL SETTLEMENT OF DISPUTES

The Buyer has the right to its unfathomable judgement to promote the resolution of any dispute in an extrajudicial way in all manners that our order allows to carry out such activity as, by way of example, through the procedure of mediation referred to Legislative Decree No. 28/2010 or Law 162/2014.

ART.9 – DURATION

The present GCS, as amended over time, will be considered applied throughout the time period in which the Products will be sold. However, Art. 14 Responsibilities, of these GCS, shall be considered valid even after the cessation of these GCS.

 

SECTION B – GENERAL PROVISIONS

ART.10 – CONTRACT FORMATION AND DISPATCH OF ORDERS

Each Order sent by the Buyer on the Website is to be considered an offer of purchase to the Products offered for sale by MartiniSPA and an unconditional acceptance of the Terms of Use and Privacy. In the final phase of the Order process, the Buyer expressly accepts the present GCS, prices, quantities, volumes, general characteristics and times/costs of shipping of the Products purchased. Any Order confirmation signed by the validation click constitutes an irrevocable commitment of the Customer which may be reissued only in the cases provided for in this agreement to articles “7. Right of withdrawal” and “3. Product Availability”.

The conclusion of the contract will only take place at the time of confirmation of the Order by MartiniSPA. The Customer will receive by email a receipt notification confirming the Order with all the constituent elements of the contract (including Products ordered, prices, delivery dates, shipping costs). With reference to email communications sent by MartiniSPA to the Buyer in reference to the Order, the Buyer is to be considered informed about the fact that the communications will be sent to the email address that the Buyer has indicated at the time of registration on the Website or during the Order process. If the email address entered is incorrect or non-existent, the receipt by the Buyer or the Recipient of the Order of the communications indicated, is to be considered solely the responsibility of the Buyer and the sale will be in any way considered definitive.
MartiniSPA reserves the right to not confirm an Order for any reason relating in particular to a Product supply problem, or to a problem concerning the Order received. MartiniSPA reserves the right at its sole discretion to refuse the Buyer’s Order in cases where it deems it reasonably necessary; by way of example:

  • the Products ordered are no longer available on the Website;
  • data relating to the Products, for example the price or description, purchased were incorrect;
  • the information provided by the Buyer for the execution of the Order (e.g. payment card number, expiration date or number of the card security code used for the payment, are incorrect; incorrect billing address (for example, if the billing address indicated does not correspond to the information held by the bank or the company issuing the payment card); insufficient or incorrect shipping address, etc.) were incorrect or incomplete;
  • the information provided for the execution of the Order is deceptive or there is a suspicion of fraud.

In addition, in the face of a non-or partial payment, MartiniSPA reserves the right to terminate the processing of an Order or its delivery, regardless of the progress of one and the other aspect. MartiniSPA will proceed as just indicated in the event of fraud and in any case also with reference to any previous Orders.
MartiniSPA cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase Order by the Customer. MartiniSPA shall not be liable for any damage to the Products which may have occurred after delivery to the carrier in charge of their transport and for delays in delivery to the latter attributable.

ART.11 – RESERVATION OF OWNERSHIP

The transfer of the risks to the Customer takes place on delivery of the Products to the transporter by MartiniSPA. MartiniSPA reserves the property of all Products ordered until the total amount of the price of the Order including all costs is not paid.

ART.12 – INTELLECTUAL PROPERTY

MartiniSPA informs that the Website, as well as all Trademarks and distinctive signs used in relation to the sale of the proposed Products, are protected by applicable intellectual and industrial property rights and that any reproduction, communication, distribution, publication, alteration or transformation is prohibited in any form and for any purpose they happen. MartiniSPA reserves the right to act legally to protect such aspects.

ART.13 – SIGNATURE AND PROOF

In reference to the use of the data communicated by the User, MartiniSPA will be appropriate to the provisions of the Legislative Decree No. 196/2003 – Code regarding the protection of Personal Data. The user will have to ensure a diligent behaviour since the data entered by the latter provide proof of the identity of the Buyer and determine any eventual confirmation of Order with the consequent right to the payment of the indicated price. MartiniSPA shall not be liable in any way for misuse and any disclosure to third parties of the Buyer’s access data information. The validation click is an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.

ART.14 – LIABILITY

14.1 – ABILITY TO CONTRACT

With access to the terms of purchase described, the Buyer expressly declares that he has the capacity to put in place such trading activity in accordance with the provisions of the Italian law, both in reference to age and in reference to the method of payment and the use of a purchase system, including through a credit card or similar. MartiniSPA declines all responsibility for the Buyer’s declarations and on the actual truthfulness of what the latter assumes to be responsible for declaring it.

14.2 – LIMITATION OF LIABILITY

MartiniSPA shall not be liable for any breach inherent in this GCS if the liability for such violations is to be attributed to an event of force majeure, to the fault of the Buyer, to the fact of the third and in, any case, to nothing that is not of direct or indirect liability of MartiniSPA. MartiniSPA disclaims any liability for direct and indirect damages which may be foreseeable or unforeseeable, connected or, for any reason whatsoever, related to the use of the Website by the Buyer; in any case, the above-mentioned conditions, the liability will always be limited to the amount paid by the Buyer and in relation to the purchase of the Product. The Product descriptions and images on the Website are corresponding to what is made available by MartiniSPA itself. The photographs and videos of presentation of the Products supplied with the descriptive information are published on the Website for descriptive purposes, taking into account the fact that the image quality, including an exact display of the colour variants, can depend on software and computer tools used by the Customer when connecting to the Website. MartiniSPA assumes no responsibility for the problems caused to the Customer by the use of the Website and the technologies used as they are not dependent on their own will.

ART.15 – PERSONAL DATA

MartiniSPA is the owner of the Personal Data collected at the time of registration to the Website, as well as those subsequently communicated at the time of purchase by the Customer, except for the data relating to the payment procedure for which it is referred banks through which the transaction takes place. For information concerning the processing of Personal Data, including the rights referred to art. 7 of Legislative Decree No. 196/03, please refer to the detailed information already provided at the time of registration to the Website www.ilcocciodesign.com or to be found at the appropriate link: Terms of Use and Privacy.

ART.16 – AMENDMENTS

Any updating of these GCS may be carried out in a unilateral way by MartiniSPA, which will provide the timely communication on the Website, so as to be carefully inspected by the Buyer before proceeding with the purchase. Please note that any changes will be applicable and valid only if prior to Orders already sent and accepted by MartiniSPA.

ART.17 – GENERAL CLAUSES

17.1 – PARTIAL INVALIDITY

The present GCS constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the P may enter or fall outside these general conditions. Where or more provisions of these GCS are declared invalid or ineffective as a result of a legislative change or as a result of a ruling by a competent judicial authority, the other provisions of these GCS will remain fully valid and effective.

17.2 – WAIVER

The fact that one of the parties does not assert against the other a breach of any of the bonds contained in these GCS, shall not be construed as a waiver of obtaining the fulfilment of the obligation in question for the future.

17.3 – APPLICABLE LAW AND JURISDICTION

The contract of sale between the Customer and MartiniSPA is intended to be concluded in Italy and regulated by Italian law. Any dispute relating to the existence, interpretation, execution or termination of these GCS and/or the contract concluded between the Buyer and MartiniSPA, will be devolved, in the absence of a transaction, to the exclusive jurisdiction of the Italian courts competent on the basis of the place of residence or domicile of the Buyer, if located in the Italian territory.