Terms of service

GENERAL TERMS AND CONDITIONS OF SALE
Introduction

This notice applies to the website https://martinuzzivenezia.com (the “Website”), owned by Martinuzzi di Cinzia Vesco & C. snc, with registered office at Piazza San Marco 67/a, 30124 Venice (VE), Italy, registered with the Venice Chamber of Commerce, VAT No. 00696110279 and Tax Code 00696110279 (the “Seller”).

Article 1. Scope

1.1 Any sale made through the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Italian Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”) and by Italian Legislative Decree No. 70 of 9 April 2003, concerning electronic commerce.

1.2 These General Terms and Conditions of Sale apply to all sales made by the Seller through the Website. Any time periods indicated shall be understood as working days and shall therefore exclude Saturdays, Sundays and national public holidays.

1.3 These General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms and conditions shall take effect from the date on which they are published on the Website. You are therefore advised to visit the Website regularly and consult the most recent version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be featured on the Website through links, banners or other hyperlinks. Before entering into commercial transactions with such parties, you must review their terms and conditions of sale. The Seller shall not be held liable for services provided and/or products sold by such parties. The Seller does not control and/or monitor the websites accessible through such links and shall therefore not be held liable for their content or for any errors, omissions and/or violations of law committed by them.

1.6 You must carefully read these General Terms and Conditions of Sale, as well as all other information provided by the Seller on the Website.

1.7 Submission of a purchase order constitutes acceptance of these General Terms and Conditions of Sale.

Article 2. Purchases on the Website

2.1 Purchases on the Website:

  • may be made after registering on the Website;
  • are permitted only to users acting as consumers. Pursuant to Article 3(1)(a) of the Consumer Code, a consumer is a natural person acting for purposes unrelated to any business, commercial, professional or craft activity they may carry out.

2.2 Retailers, wholesalers and, more generally, anyone intending to purchase products for resale may under no circumstances make purchases through the Website. Such parties are therefore prohibited from making purchases through the Website.

2.3 In the event of orders, regardless of who submitted them, that appear unusual in terms of the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to put an end to such irregularities.

2.4 The Seller reserves the right to refuse or cancel orders submitted:

  • by a user involved in an ongoing legal dispute with the Seller;
  • by a user who has previously breached these General Terms and Conditions of Sale;
  • by a user who has been involved in criminal offences;
  • by a user who has provided false, incomplete or otherwise inaccurate identification details, who has failed to promptly provide the Seller with requested documents or who has submitted invalid documents.
Article 3. Registration on the Website

3.1 To register on the Website, you must complete the relevant form by entering the following information:

  • email address;
  • password.

3.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or unauthorised disclosure of your login credentials.

3.3 Users registered on the Website warrant that the personal information they provide is complete and accurate. They undertake to indemnify and hold the Seller harmless from any damage, liability and/or penalty arising from and/or in any way connected with their breach of the Website registration rules, the safekeeping of their registration credentials and/or the provision of false, incomplete or otherwise inaccurate personal data. This is without prejudice to the Seller’s right to disable the user’s account.

Article 4. Information Regarding the Conclusion of the Contract

4.1 In accordance with Italian Legislative Decree No. 70 of 9 April 2003, containing provisions on electronic commerce, the Seller informs you that:

  • to conclude a purchase contract through the Website, you must complete an electronic order form and submit it electronically to the Seller by following the instructions displayed on the Website;
  • the contract is concluded when the order form reaches the Seller’s server;
  • once the order form has been received, the Seller will send an order confirmation to the email address provided by you, containing:
    • information concerning the characteristics of the purchase;
    • the price;
    • the payment method used;
    • the delivery costs.
Article 5. Product Availability

5.1 Products offered on the Website are available in limited quantities. It may therefore happen, including where several users purchase the same Product at the same time, that the ordered Product is no longer available after the purchase order has been submitted.

5.2 Information concerning the availability of each Product is provided on the Website.

5.3 You will be informed if an ordered Product is unavailable. In such circumstances, you will be entitled to terminate the purchase contract pursuant to Article 61(4) and (5) of the Consumer Code.

5.4 Alternatively, where restocking is possible, you may accept an extension of the delivery period proposed by the Seller, specifying the new delivery date.

5.5 If a refund is requested for Products that were purchased but subsequently found to be unavailable, the Seller shall issue the refund within a maximum of 15 days.

5.6 If you exercise your right to terminate the contract pursuant to Article 61(4) and (5) of the Consumer Code, the contract shall be terminated. If the total amount due, consisting of the price of the Product, any applicable shipping costs and any other additional costs indicated in the order (the “Total Amount Due”), has already been paid, the Seller shall refund the Total Amount Due in accordance with the section entitled “Payment Methods” below.

Article 6. Product Information Page

6.1 Each Product is accompanied by an information page describing its main characteristics (the “Product Information Page”). The images and descriptions displayed on the Website reproduce the characteristics of the Products as accurately as possible. However, the colours of the Products may differ from the actual colours due to the settings of the computer systems or devices used to view them. Furthermore, the Product images appearing on the Product Information Page may differ in size or in relation to any accessory products. These images must therefore be regarded as indicative and subject to customary tolerances.

Article 7. Prices

7.1 All Product prices published on the Website include Value Added Tax.

7.2 The Seller reserves the right to change Product prices at any time and without prior notice. However, the price charged to you shall be the price displayed on the Website when the order is placed, and no subsequent price changes, whether increases or reductions, shall be taken into account.

7.3 Any applicable shipping costs shall be expressly and separately stated in the order form before the user submits it.

Article 8. Purchase Orders

8.1 The Seller shall ship the Products only after receiving confirmation that payment has been authorised or that the Total Amount Due has been credited.

Ownership of the Products shall pass to you at the time of shipment, understood as the moment when the Product is handed over to the carrier. The risk of loss of or damage to the Products for reasons not attributable to the Seller shall pass to you when you, or a third party appointed by you other than the carrier, take physical possession of the Products.

The Service selected by you shall be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the Service if, after submission of your purchase order, it is established that you have not paid all or part of the Total Amount Due.

8.2 The purchase contract is subject to termination if the Total Amount Due is not paid. Unless otherwise agreed with you in writing, the order shall consequently be cancelled.

Article 9. Payment Methods

9.1 The following payment methods are accepted on the Website:

  • payment card;
  • PayPal;
  • bank transfer.

9.2 The Seller accepts cards belonging to the following payment networks and services:

  • VISA;
  • MasterCard, including Cirrus and Maestro;
  • American Express;
  • Google Pay;
  • Shop Pay;
  • Apple Pay.

The accepted payment methods are also indicated in the footer of each page of the Website.

On the Website, you may authorise the storage of the payment card details you enter and their reuse for subsequent purchases. You may withdraw your authorisation for the reuse of your payment card details by following the instructions provided on the Website.

Your card will be charged only after:

  1. the details of the payment card used have been verified; and
  2. the issuer of the payment card has authorised the transaction.

Confidential payment card details—including the card number, cardholder’s name, expiry date and security code—are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store the details of the payment card used to purchase the Products, including where you choose to save such details on the Website.

The payment shall be charged when the order is submitted.

9.3 Purchases may also be made through PayPal. If you choose PayPal as your payment method, you will be redirected to the PayPal website, where payment will be made in accordance with PayPal’s procedures and the contractual terms and conditions agreed between you and PayPal.

The information entered on PayPal’s website shall be processed directly by PayPal and shall not be transmitted to or shared with the Seller. The Seller is therefore unable to access and does not store the details of the payment card linked to your PayPal account or the details of any other payment method linked to that account.

When payment is made through PayPal, the Total Amount Due shall be charged by PayPal when the contract is concluded through the Website. If the purchase contract is terminated or a refund is due for any other reason, the relevant amount shall be credited to your PayPal account.

The time required for the amount to be credited to the payment method linked to your PayPal account depends exclusively on PayPal and the banking system. Once the Seller has instructed that the amount be credited to your account, the Seller shall not be held liable for any delays or omissions in the crediting of the refund. Any such issue must be raised directly with PayPal.

Any refund due under these General Terms and Conditions of Sale shall be credited to your PayPal account.

9.4 If you choose to pay by bank transfer, you may make the payment after submitting the order, using the bank details provided on the Website.

When payment is made by bank transfer, the Product delivery period indicated on the Product Information Page and/or the Website shall run from the date on which the Seller receives the bank transfer, rather than from the date on which the order is submitted, as is the case with other payment methods.

Unless otherwise agreed, Services shall be provided only after the Seller has received the Total Amount Due by bank transfer.

Payment must be arranged within seven working days from the date on which the order is submitted. If payment is not made within this period, the Seller reserves the right to cancel the order during the following 14 working days.

Article 10. Delivery of Products

10.1 There are no delivery restrictions, except where otherwise indicated on the Website and/or the Product Information Page.

10.2 Shipping costs are indicated on the Website and/or the Product Information Page, as applicable.

10.3 Products shall be delivered within 10 days from the date on which the order is submitted and, in any event, no later than 30 days from the date on which the contract is concluded.

10.4 You are responsible for checking the condition of the delivered Product. Without prejudice to the fact that the risk of loss of or damage to the Product for reasons not attributable to the Seller passes to you when you, or a third party appointed by you other than the carrier, take physical possession of the Product, the Seller recommends checking:

  • the number of Products received;
  • that the packaging is intact and is not damaged, wet or otherwise altered, including its sealing materials.

In your own interest, you are advised to record any irregularities on the carrier’s transport document and accept the parcel subject to inspection. If the packaging shows clear signs of tampering or alteration, you should promptly notify the Seller.

The provisions concerning the right of withdrawal, where applicable to the Product, and the statutory conformity warranty shall remain unaffected.

10.5 You may collect the Product from a collection point in accordance with the options and procedures available on the Website and/or during the purchasing process, provided this option is available for the selected Product.

You will be promptly notified when the Product is ready for collection from your chosen collection point. You shall have two days from the date of such notification to collect the Product.

Unless otherwise agreed, if you fail to fulfil this obligation, the purchase contract shall be automatically terminated pursuant to Article 1456 of the Italian Civil Code. As a result, the order shall be cancelled and the Seller shall refund the Total Amount Due paid by you, less the shipping costs.

Failure to collect the Product shall not be regarded as an exercise of the right of withdrawal, where applicable, and shall not entitle you to a full refund of the amounts paid to purchase the Product.

Article 11. Right of Withdrawal

11.1 Unless otherwise stated, when making a purchase through the Website, you do not have the right of withdrawal provided for by Article 52 of the Consumer Code in relation to the Product or Products referred to in this Article. This is because the Website sells:

  • goods made to the consumer’s specifications or clearly personalised.

11.2 If you qualify as a consumer, you have the right to withdraw from the Product purchase contract without providing any reason and without incurring costs other than those specified in this Article, within 14 calendar days (the “Withdrawal Period”).

The Withdrawal Period shall expire after 14 days:

a. in the case of an order concerning a single Product, from the date on which you or a third party appointed by you, other than the carrier, take physical possession of the Product;

b. in the case of a Multiple Order delivered separately, from the date on which you or a third party appointed by you, other than the carrier, take physical possession of the last Product; or

c. in the case of an order concerning a Product consisting of multiple lots or pieces, from the date on which you or a third party appointed by you, other than the carrier, take physical possession of the last lot or piece.

11.3 To exercise the right of withdrawal, you must inform the Seller of your decision to withdraw before the Withdrawal Period expires.

11.4 You shall be deemed to have exercised your right of withdrawal within the Withdrawal Period if you send the relevant notice before the Withdrawal Period expires.

The notice must be sent using at least one of the following methods:

By post:

Martinuzzi
Piazza San Marco 67/a
30124 Venice (VE)
Italy

By email:

martinuzzi@inwind.it

Since you bear the burden of proving that the right of withdrawal was exercised before the expiry of the Withdrawal Period, it is in your interest to use a durable medium when notifying the Seller of your withdrawal.

11.5 If you exercise the right of withdrawal, you must return the Product to the registered office indicated at the beginning of these General Terms and Conditions of Sale.

11.6 You shall bear the direct costs of returning the Products and shall be responsible for their transportation.

11.7 If you withdraw from the contract, the Seller shall refund the Total Amount Due, including delivery costs where applicable, without undue delay and in any event no later than 14 calendar days from the date on which the Seller is informed of your decision to withdraw from the contract.

The refund shall be made using the same payment method used for the original transaction.

If you return the Products using a carrier of your choice and at your own expense, the Seller may withhold the refund until the Products have been received or until you provide evidence that the Products have been sent back, whichever occurs first.

11.8 You shall be liable only for any reduction in the value of the goods resulting from handling the Product beyond what is necessary to establish its nature, characteristics and proper functioning.

The Product must be stored, handled and inspected with reasonable care and returned intact, complete in all its parts, fully functional and accompanied by all accessories and instruction sheets. Any identification tags, labels and single-use seals must still be attached to the Product, intact and untampered with. The Product must also remain fully suitable for its intended use and show no signs of wear or soiling.

The right of withdrawal applies to the Product in its entirety and may not be exercised solely in relation to individual parts and/or accessories.

11.9 If the Product in relation to which the right of withdrawal has been exercised has suffered a reduction in value resulting from handling beyond what is necessary to establish its nature, characteristics and proper functioning, the Seller reserves the right to deduct an amount equal to such reduction in value from the refund.

The Seller shall notify you of the reduction in value and the resulting reduction in the refund within 14 days of receiving the Product. If the refund has already been issued, the Seller shall provide the bank details required for you to pay the amount owed as a result of the Product’s reduction in value.

11.10 If the right of withdrawal has not been exercised in accordance with the applicable legislation, it shall not result in termination of the contract and no refund shall be due.

The Seller shall notify the user within 14 working days of receiving the Product and shall reject the withdrawal request. The Product shall remain at the Seller’s premises and be available for collection by you, at your own expense and under your responsibility.

11.11 Where the right of withdrawal does not apply in accordance with the applicable law, this exclusion shall be specifically and expressly communicated on the Website.

11.12 In the event of partial withdrawal from a Multiple Order, the delivery costs to be refunded shall be calculated in proportion to the value of the Product to which the withdrawal relates.

For example, if you place an order with a total value of €200.00 comprising two Products—one worth €50.00 and the other worth €150.00—and return the Product worth €150.00, you shall receive a refund equal to 75% of the delivery costs paid.

In any event, the amount of delivery costs refunded may never exceed the amount actually paid.

Article 12. Statutory Warranty

All Products sold through the Website are covered by the Statutory Conformity Warranty provided for by Articles 128–135 of the Consumer Code (the “Statutory Warranty”).

Who it applies to

The Statutory Warranty is reserved for consumers. It therefore applies only to users who purchased through the Website for purposes unrelated to any business, commercial, craft or professional activity they may carry out.

When it applies

The Seller shall be liable to the consumer for any lack of conformity affecting the Product that becomes apparent within two years of delivery.

The lack of conformity must be reported to the Seller within two months of the date on which it was discovered; otherwise, the consumer shall lose their warranty rights.

Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity.

From the seventh month following delivery of the Product, the consumer shall be responsible for proving that the lack of conformity already existed at the time of delivery.

To benefit from the Statutory Warranty, the consumer must first provide evidence of the date of purchase and delivery of the goods. Consumers should therefore retain the purchase invoice or any other document capable of proving the purchase date—for example, a payment card statement—and the delivery date.

If the contract is terminated, the Seller shall refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs.

In the event of a price reduction, the Seller shall refund the agreed amount of the reduction. The refund or price reduction shall be credited using the payment method or solution used by the consumer for the purchase.

The Seller shall not be held liable for damage of any kind resulting from improper use of the Product and/or use that does not comply with the manufacturer’s instructions, or for damage caused by unforeseen circumstances or force majeure.

Article 13. Applicable Law and Jurisdiction; Alternative Dispute Resolution and Online Dispute Resolution

13.1 Purchase contracts concluded through the Website shall be governed by Italian law. This is without prejudice to any more favourable mandatory provisions provided by the law of the country in which a consumer user who does not habitually reside in Italy has their habitual residence.

13.2 In the case of a consumer user, any dispute concerning the application, performance or interpretation of this document shall fall under the jurisdiction of the court of the place where the user resides or has elected domicile.

13.3 Pursuant to Article 141-sexies(3) of the Consumer Code, the Seller informs users qualifying as consumers under Article 3(1)(a) of the Consumer Code that, if they have submitted a complaint directly to the Seller and the resulting dispute could not be resolved, the Seller shall provide information concerning the Alternative Dispute Resolution body or bodies competent to resolve out-of-court disputes concerning obligations arising from a contract concluded under these General Terms and Conditions of Sale.

These are the ADR bodies referred to in Articles 141-bis et seq. of the Consumer Code. The Seller shall also state whether or not it intends to use such bodies to resolve the dispute.

13.4 The Seller also informs users qualifying as consumers under Article 3(1)(a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (the “ODR Platform”).

The ODR Platform can be accessed at http://ec.europa.eu/consumers/odr/. Through the ODR Platform, consumer users may consult the list of ADR bodies, find links to their respective websites and initiate an online dispute resolution procedure.

13.5 Regardless of the outcome of any out-of-court dispute resolution procedure concerning consumer relations carried out under Part V, Title II-bis of the Consumer Code, the consumer user shall retain the right to bring proceedings before the ordinary court having jurisdiction over any dispute arising from these General Terms and Conditions of Sale.

13.6 A user residing in a Member State of the European Union other than Italy may also use the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for disputes concerning the application, performance or interpretation of these General Terms and Conditions of Sale, provided that the value of the claim, excluding interest, expenses and disbursements, does not exceed €2,000.00.

The text of the Regulation is available at www.eur-lex.europa.eu.

Article 14. Customer Service and Complaints

You may request information, send communications, request assistance or submit complaints by contacting the Seller as follows:

By email: martinuzzi@inwind.it

The Seller shall respond to complaints within 14 days of receiving them.