WEBSITE GENERAL TERMS AND CONDITIONS B2C
Marchi S.r.l., with seat in S.S.P.I. No. 10 km. 234, Vescovato (CR) Italia is the owner of the marchicucine.it website consisting of two IT instances: www.marchicucine.it is the institutional website and www.shop.marchicucine.it is the e-shop (hereinafter jointly referred to as “the Website”). The purpose of these Terms of use of the Website is to inform any potential user of the Website of its Terms of use. Please read the Terms of use carefully before using the Website.
Access to and use of the Website and any services provided by or through the Website are subject to your acceptance and compliance with these Terms of use. The Terms of use apply to all visitors, users, who use the services of the Website, buyers of products and services offered through the Website and others who access or use the Website.
By accessing or using any part of the Website or the services provided by or through the Website or by creating an account, you accept and agree to accept and comply with these Terms of use.
Amendments
We reserve the right, at our sole discretion, to modify or replace these Terms of use at any time.
Contacts
For any questions regarding these Terms of use, products, your orders, any further questions or requests for advice, you can contact our customer service department in the “Contact Us” section of the website, by phone or e-mail.
Links and other websites
The Website may contain links to websites or services of third parties that are not owned or controlled by Marchi s.r.l.
Marchi s.r.l. has no control and assumes no responsibility for the content, privacy policies or practices of any third party website or service. The user also acknowledges and accepts that Marchi s.r.l. shall not be liable, directly or indirectly, for any damage or loss caused or presumably caused by or in connection with the use or reliance on such content, goods or services available on or through such third party websites or services.
Liability
The liability for website browsing is entirely borne by the user. Except in the case of fraud or gross negligence, Marchi s.r.l. cannot be held responsible for faults, errors or computer viruses that could hinder the continuity of access to the Website or malfunctions that could be found in users’ PCs following access to the Website.
Intellectual property and trademarks
The “Marchi Cucine” trademark, and all trademarks, logos and service marks, as well as the designs and models that appear on this website are registered and/or unregistered trademarks or models of Marchi s.r.l. or third party suppliers of Marchi s.r.l.. The Website, and all the material, elements and contents included in the Website (including drawings, illustrations, photographs, texts, computer codes and graphics) that appear on this Website are the exclusive property of Marchi s.r.l. and the use by the user of the trademarks, 1
distinctive signs of Marchi s.r.l. or any other material of this type, look and feel and know how, in any way, is strictly prohibited. Nothing contained on the Website must be interpreted as granting, implicit or otherwise, a license or right to use any trademark or design and/or other material displayed on this Website without the written authorization of Marchi s.r.l.. The user may electronically copy and print hard copies of the pages of this Website exclusively for non-commercial purposes related to placing an order or purchasing on the Website. Unless specific authorization has been granted in advance, any other use of this Website, its content and information is strictly prohibited.
Applicable law
These Terms of use are governed by Italian law.
Complaints
If you have a complaint regarding any form of abuse and/or any breach of these Terms of use of the Website, please contact us through the “Contact Us” section of the Website.
Once we have completed and submitted a report, we will review it and take action if necessary.
General conditions of sale to the consumer
Scope of Application
1.1 These general conditions of sale apply exclusively to sales of the products displayed on the Internet website www.shop.marchicucine.it (the “Products” and the ” Website”) to consumers, intended as any natural person who acts for purposes which are outside his trade, business, craft or profession. The general B2B sales conditions only and expressly apply to the business sector who intends to purchase the Products on the Website.
1.2 The seller is the company Marchi s.r.l. with registered office in S.S.P.I. No. 10 km. 234, Vescovato (CR) Italy, P.IVA 00997630199 n. REA 127451.; e-mail marchicucine@marchicucine.it; telephone 0372830350.
1.3 The Website is in Italian and English and the sales contract may be concluded in both languages at the buyer’s choice.
1.4 These general conditions of sale may be printed, downloaded and/or stored.
1.5 The placing of the order by the buyer implies acceptance of these general conditions of sale, which shall prevail over all previous versions and the specific conditions of the buyer, including those indicated in the e-mail exchanges unless expressly
accepted in writing by Marchi s.r.l..
1.6 Marchi s.r.l. reserves the right to modify these general conditions of sale at any time
by publishing a new version on the Website. The general conditions of sale are those applicable on the date the purchase order is sent.
Order
Product characteristics
2.1 Marchi s.r.l. has undertaken reasonable efforts to ensure that the images of the Products on the Website are faithful representations of physical products. Despite the adoption of technical solutions to minimize inaccuracies, however, there may be some discrepancies (e.g. color resolution) between the images and the Products due to technical limitations and in particular due to differences in color performance by Internet browsing software and/or display screens. Marchi s.r.l. shall not be liable for any inadequacy in the graphic representation of the Products displayed on the Website resulting from such technical limitations.
2.2 Furthermore, differences may exist between the Products delivered and those present on the Website or catalogue, in particular for artisan Products for which the homogeneity of production cannot be totally guaranteed or for Products that have been subject to adaptations linked to technical or technological evolution. Such differences, if they do not concern the essential characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery, without prejudice to the right of withdrawal as per article 5 below.
Availability of Products
2.3 Marchi s.r.l. reserves the right to modify the assortment of Products displayed on the Website at any time.
Ordering procedure and entering into the contract
2.4 The buyer chooses the Products by clicking on the respective images and can then place the order directly by filling in the Checkout page and accepting these general conditions of sale and Terms of Use, or he can place the chosen Products in the shopping cart and then place the order. The Products will remain in the cart for a maximum of 2 days. Before placing an order, the buyer is required to verify the accuracy of the information provided and to make any necessary corrections. The purchase order is sent to Marchi s.r.l. when the buyer selects the “Pay now” button on the Checkout page or, if he chooses to pay with PayPal, when, after being redirected to the PayPal website, he has completed the payment. The buyer will receive an e-mail confirming receipt of the order shortly afterwards.
2.5 The sale contract is considered to have been entered into as soon as the buyer receives the e-mail confirming receipt of the order. Marchi s.r.l. reserves the right to cancel the order if the Products are not available for reasons beyond its control, if the authorisation to pay is refused by the financial institutions or if the buyer has chosen to pay by bank transfer and if it does not do so within 3 working days of placing the order.
Price/Payment
Price of Products
3.1 The prices of the Products are indicated in Euro and include VAT or other sales taxes that may be applicable. Marchi s.r.l. reserves the right to change the prices of the Products displayed on the Website, at any time before the order procedure. The price of the items in the shopping cart shows the price of the Product at the time it was selected. If the buyer does not immediately place the order after having selected the Product, this price may vary and in this case the buyer will display the notice of variation when accessing the cart again. The buyer is required to check the current price of the Product when accessing the Checkout page.
3.2 The prices of the Products indicated on the Website do not include shipping and delivery costs which will be charged to the buyer separately and will be visible during the purchase process of the Product.
3.3 The standard delivery costs indicated on the Website are those relating to delivery according to the “street level” or “ground level” method referred to in article 4.5 below. These costs do not include the costs of “delivery at the floor”, “installation and/or assembly” services which, if available in the area indicated as delivery address, may be selected by the buyer. The amount for “delivery at the floor”, “installation and/or assembly” services will be available during the purchase process of the Product.
3.4 The total price of the order will be shown before the buyer selects the “Pay Now” button.
3.5 The buyer may be charged any additional costs in case of deliveries to geographically remote locations as provided for in art. 4.2 or if there are obstacles to unloading and/or access to the address indicated by the buyer as provided for in articles 4.6, 4.7, 4.9, 4.10.
Payment
3.5 Payment can only be made in Euro, in a single solution, at the time of order, by bank transfer, PayPal, credit card, and/or any other methods specified in the order procedure.
3.6 In the event of failure to receive the bank transfer within 3 (three) working days of the order being placed by the buyer, the seller may terminate the sales contract by notice of termination sent by e-mail.
Scalapay
If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize such transfer.
Delivery
Methods of delivery of the Products
4.1 Deliveries are made in Italy and in the European Union countries indicated on the Site. Marchi s.r.l. does not deliver to post office boxes.
4.2 If the buyer’s delivery address is geographically remote or not easily accessible, for example, the Lagoon of Venice, islands or isolated locations, it is possible that Marchi s.r.l. may not be able to deliver there or that an additional cost may be charged to the buyer for such destinations but which cannot be quantified at the moment as it depends on the carrier’s willingness to deliver to such locations and the possible increase in costs applied by the carrier.
4.3 Marchi s.r.l. will do its best to deliver the Products within a reasonable period of time and, in any case, within the times indicated on the Website, which vary according to the type of Products and the production and availability times of the same. If the delivery times increase with respect to those indicated on the Site, the buyer will be notified.
4.4 Orders for several Products cannot be delivered in parts and will necessarily be delivered in full to the delivery address specified by the buyer.
Delivery “street level” or “ground level”
4.5 Standard delivery will be made by a specialized carrier according to the “street level” or “ground level” method. The delivery dates indicated on the Website are merely indicative. Once the order has been confirmed, the buyer will be informed by email that the Product has been shipped and will be contacted by the carrier to agree on the delivery date.
4.6 The standard delivery cost indicated on the Website assumes that there are no obstacles to unloading the goods. The buyer is obliged to make sure that the delivery address indicated is accessible to allow the unloading of the goods. In the event that it is necessary to occupy public land for unloading, enter the LTZ, and/or use external equipment and/or there is any other obstacle to unloading the Products, the buyer must give notice of this when placing the order, indicating it on the Checkout page, in the space called “Order Notes”. The occupation of public land, as well as the need for any external equipment to carry out unloading, do not fall within standard delivery and involve an additional delivery service that must be requested to the specialized carrier and which may entail an additional cost that cannot be quantified at the moment as it depends on the state of the places at the delivery address, the size of the Products, and any additional costs applied by the carrier. These costs will be communicated by Marchi s.r.l. to the buyer by e-mail after receiving the order and, unless otherwise agreed, must be paid by the buyer to the specialized carrier at the time of delivery. The buyer is entitled to cancel the order if after having been informed of the additional cost for this additional service he does not agree to bear it.
4.7 If the non-accessibility to the unloading places, or the existence of obstacles to unloading the Products, including the access to the LTZ area is discovered only at the time of delivery, the additional cost will be charged directly by the carrier to the buyer.
Delivery service “at the floor ” and installation/assembly services
4.8 If the delivery service at the floor, installation or assembly service (hereinafter: “Services”) is available at the delivery area specified by the buyer, the buyer may request such Services by ticking the appropriate box. In such cases, once the order has been placed on the Website, the carrier shall contact the buyer by telephone to agree on the date of delivery at the floor or installation.
4.9 Before placing the order, the buyer must check the specifications of the Products in terms of size and volume to ensure that they can be transported by the means of access to the place of delivery. When placing the order, the buyer must indicate on the Checkout page in the space entitled “Order Notes” the obstacles to delivery by the normal means of access to the place of delivery (stairs, lift, doors). The buyer must also ensure that the delivery address indicated is accessible to allow the goods to be unloaded. If unloading requires the occupation of public land, access to the LTZ, and/or the use of external equipment and/or any other obstacle to the delivery of the Products, the buyer must indicate this on the Checkout page, in the space called “Order Notes”. Any additional costs linked to the delivery obstacles described above cannot be quantified at the moment as they depend on the state of the places at the delivery address, on the size of the Products, and on any additional costs applied by the carrier. These costs will be communicated by Marchi s.r.l. to the buyer by e-mail after receiving the order and, unless otherwise agreed, must be paid by the buyer to the specialized carrier at the time of delivery. The buyer is entitled to cancel the order if, after being informed of the additional cost, he does not agree to bear it. The buyer is entitled to cancel the order if, after being informed of the additional cost, he does not agree to bear it.
In case of impossibility to proceed with the delivery due to such obstacles Marchi
s.r.l. may terminate the sales agreement.
4.10 If the inaccessibility to the unloading places, or the existence of obstacles to
unloading the Products, is discovered only at the time of delivery, the additional cost will be charged directly by the carrier to the buyer.
Absence of the buyer
4.11 If the buyer is not present at the agreed time of delivery, the buyer shall be charged for storage and return costs. If Marchi s.r.l. and/or the appointed carrier are unable to contact the buyer after making reasonable attempts to arrange delivery and/or redelivery, the Products shall be automatically returned to Marchi s.r.l., which may terminate the sales contract by charging the buyer with the delivery costs and requesting compensation for additional damages.
Transfer of risks
4.12 The risks of the Product are transferred to the buyer upon the material delivery of the Products.
Delay in delivery
4.13 If the delivery does not take place within the term agreed with the carrier or within 30 (thirty) days from the date indicated on the Website, the buyer shall invite Marchi s.r.l. to make the delivery within an additional term appropriate to the circumstances. The buyer has the right to terminate the sale contract if the delivery does not take place within the aforementioned additional period, without prejudice to the right to compensation for damages.
Right of withdrawal
5.1. Pursuant to Article 52 of the Consumer Code (Legislative Decree no. 206 of 6 September 2005), the buyer has the right to withdraw from this contract within 14 calendar days without giving any reasons. The term of withdrawal from the contract of sale of the Products shall expire after 14 calendar days from the day on which the buyer acquires the physical possession of the ordered Product. If the buyer together with the purchase of the Products has also requested the service “delivery at the floor” or the service “installation/assembly” or the delivery service by occupation of public land and/or by the use of any external equipment to perform unloading, the withdrawal period in relation to such Services expires 14 days from the day of conclusion of the contract. Without prejudice to the right to withdraw from the contract of sale of the Products, the right to withdraw from the provision of the delivery service by occupation of public land and/or by the use of any external equipment to perform unloading and/or the Delivery Service at the floor and the installation/assembly Service is excluded if the buyer has chosen to make use of such services during the withdrawal period and the service has been provided within that period.
If the deadline for exercising the right of withdrawal expires on a Saturday, Sunday or public holiday, it shall be extended until the first working day thereafter.
Exercise of the right of withdrawal
5.2 In order to exercise the right of withdrawal, the buyer must notify Marchi s.r.l., preferably by e-mail (shop@marchicucine.it), of his decision to withdraw from this contract with an explicit declaration. A standard withdrawal form is provided in Attachment 1, but its use is not compulsory; the buyer may, alternatively, submit any other explicit declaration of withdrawal from this contract by electronic means or otherwise. If the buyer exercises this option of withdrawal, Marchi s.r.l. shall communicate to the buyer an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail) without delay. In order to comply with the withdrawal period, it shall be sufficient for the buyer to send its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal: Return of Products
5.3. The buyer is obliged to return the Products or deliver them to Trademarks, without undue delay and in any case no later than 14 calendar days from the day on which the buyer notifies Trademarks of his withdrawal from this contract. The deadline is respected if the buyer returns the Products before the expiry of the 14 calendar day period. The buyer shall bear the direct cost of returning the Products and shall return the Products via a carrier specialized in furniture and furnishing accessories (e.g. Montorfano srl for Italy, CD Transport srl for the EU excluding Italy).
5.4 The buyer must return the Products in their original condition, in the original protections, packaging and boxes in which they were delivered together with any accessories, tags or instruction manuals. The buyer is responsible for any reduction in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products. In case of return of the item damaged, incomplete, deteriorated, dirty and/or in conditions of use not in accordance with normal diligence, without prejudice to the right of withdrawal, the buyer will be charged the sum corresponding to the decrease in value of the goods. In such cases, Marchi s.r.l. will promptly inform the Customer of the damages and non-conformities found upon receipt of the items. The sum charged to the Customer, which in any case cannot be higher than the price paid for the purchase of the item, will be deducted from the refund due to the buyer.
Effects of withdrawal
5.6 If the Buyer withdraws from this agreement, Trademarks shall reimburse the Buyer for all payments received, including standard delivery costs on the “street level” or “ground floor”. The Cost of the Delivery Service by occupation of public land and/or by the use of any external equipment to perform unloading and/or the “floor” delivery and assembly Services shall be refunded unless such Service has already been provided during the withdrawal period as set out in clause 5.1 above or unless the withdrawal period has expired. The refund will be made without undue delay and in any case no later than 14 calendar days from the day on which Marchi s.r.l. is informed of the buyer’s decision to withdraw from this contract. Marchi s.r.l. shall make such reimbursement using the same means of payment used by the buyer for the initial transaction, unless the buyer has expressly agreed otherwise; in any case, the buyer shall not incur any expenses following such reimbursement. Marchi s.r.l. may withhold the refund until it has received the return of the products or until the buyer has provided proof of having returned the products, whichever occurs first.
5.7 Unless Marchi s.r.l., after receiving notice of the exercise of the right of withdrawal, has not offered to collect the Products, the risk of damage or loss of the Products during their return shall be borne by the buyer.
5.8 If the sales contract concerns more than one Product, the exercise of the right of withdrawal may apply to one or more Products purchased.
Product Compliance
6.1 Upon receipt of the Products, the Buyer shall verify the correspondence of the Products, their integrity and compliance with the sales contract. In the case of Products delivered in packaging that is not intact and/or if there are any anomalies in the packaging, the buyer is requested to report this as soon as possible to the same carrier by noting it on the transport document and/or to Trademarks by writing to shop@marchicucine.it.
6.2 Any complaints for non-conformity must be communicated in due time to Marchi s.r.l., writing to shop@marchicucine.it with a description of the non-conformity.
6.3 The Products offered for sale on the Site benefit from the legal guarantee pursuant to articles 129 et seq. of the Consumer Code and/or the applicable law pursuant to article 9 of these general conditions of sale. Marchi s.r.l. shall be liable for any lack of conformity, already existing at the time of delivery of the Products, which becomes apparent within two years from delivery of the Products, or within a longer period if provided for by the applicable national law pursuant to article 9 of these general conditions of sale.
6.4 Marchi s.r.l. shall not be liable for defects deriving from improper use of the Products.
Force Majeure
7.1 Neither party shall be liable for any delay or failure to comply with these terms and conditions if the delay or failure to comply results from any event beyond the reasonable control of the party affected. Such events include (but are not limited to) e.g. pandemics, epidemics, fires, floods, earthquakes, natural disasters, wars, acts of terrorism.
Privacy policy
8.1 Pursuant to art. 13 of EU Regulation 2016/679 (GDPR), Marchi s.r.l., with registered office in S.S.P.I. no. 10 km. 234, Vescovato (CR) Italy, P.IVA 00997630199; e-mail shop@marchicucine.it; telephone 0372830350 acts as data controller of the personal data provided by the buyer pursuant to this document or those provided subsequently by the buyer, which therefore for privacy purposes is defined as “the Data Subject”. The data provided will be used for the purposes of using the Site, confirming the order of the data subject and managing the relationship with the data subject; the legal basis of the processing is the conclusion and execution of the sales contract in a filing system owned by Marchi s.r.l., whose purposes are the order procedure, the order confirmation, the conclusion of the contract and the management of the relationship with the data subject through the Site as well as the execution of the sales contract. The provision of personal data for these purposes is not mandatory, however, any refusal to provide the requested data will make it impossible to manage and execute the purchase orders requested. The e-mail of the data subject, who has already purchased products and/or services of Marchi s.r.l. through the Site, may also be used to send news and offers relating to the Products and services offered by Marchi s.r.l., it being understood that the data subject may refuse the processing of his/her e-mail for this purpose at any time by writing to Marchi at shop@marchicucine.it.
8.2 The data of the data subject may also be processed by Marchi s.r.l., if the data subject has accepted, by ticking the appropriate box, to send communications on the products and services offered by Marchi s.r.l.. In this case, the legal basis for the processing is the explicit consent of the data subject. The lack of the data subject’s consent for this purpose shall in no way prejudice the execution of the contract.
8.3 The data subject has the right to access, rectify, cancel his/her personal data or to oppose or limit the processing, to request a copy of his/her personal data to be provided to the data subject and/or third parties in digital format; the data subject may exercise his/her rights by writing to Marchi s.r.l. (e.mail shop@marchicucine.it); the buyer also has the right to lodge a complaint for the processing of his personal data with the local data protection authority. The data subject may exercise his rights of access, rectification, cancellation or, limited to the processing, opposition to the processing and request a copy of his personal data to be provided to you and/or third parties in digital format by writing to Marchi s.r.l., sending an e-mail to shop@marchicucine.it.
8.4 The data subject has the right to withdraw consent at any time without prejudice to the lawfulness of the processing prior to its withdrawal; the data subject also has the right to lodge a complaint for the processing of his personal data with the local data protection authority.
8.5 Personal data are collected and will be processed lawfully and correctly, will be processed using computer and telematic tools, and will be stored and controlled in such a way as to minimize the risks of destruction or loss, even accidental, unauthorized access and processing that is not permitted or does not comply with the purposes of their collection. The data subject’s data will be kept for as long as is necessary to process the order or until the buyer consents to receive communications from Marchi s.r.l. after which Marchi s.r.l. may keep the buyer’s data only for the period strictly necessary to fulfil legal obligations.
8.6 For the purposes of processing the purchase order, Marchi s.r.l. may provide the personal data of the data subject to third parties, such as transport companies, specialized fitters, financial institutions, legal and tax consultants, government bodies and regulatory bodies.
For further information, the data subject may consult the Privacy Policy published on the Site.
Applicable law / Jurisdiction
9.1 These general conditions of sale are governed by Italian law. In the case of international sales, Italian law shall apply, without prejudice to the protection guaranteed by the laws of the country where the buyer/consumer habitually resides, which cannot be derogated from under such law where Marchi s.r.l., through the Site, usually sells in such country.
9.2 The European Commission makes available to consumers the European Online Dispute Resolution Platform to resolve disputes out of court for consumers (ODR platform). The ODR platform is accessible at the following link: http://ec.europa.eu/consumers/odr/
9.3 In the event of disputes that may arise in relation to these general conditions of sale, the Courts of the Member State in which the buyer-consumer is domiciled or, at the choice of the buyer-consumer, the Courts of the Member State in which Marchi s.r.l. is domiciled shall have jurisdiction. However, if Marchi s.r.l. does not direct its activity towards the Member State of the consumer’s domicile, the courts of Marchi s.r.l.’s registered office shall have exclusive jurisdiction.
Annex I
WEBSITE GENERAL TERMS AND CONDITIONS B2B
Marchi S.r.l., with seat in S.S.P.I. No. 10 km. 234, Vescovato (CR) Italia is the owner of the marchicucine.it website consisting of two IT instances: www.marchicucine.it is the institutional website and www.shop.marchicucine.it is the e-shop (hereinafter jointly referred to as “the Website”). The purpose of these Terms of use of the Website is to inform any potential user of the Website of its Terms of use. Please read the Terms of use carefully before using the Website.
Access to and use of the Website and any services provided by or through the Website are subject to your acceptance and compliance with these Terms of use. The Terms of use apply to all visitors, users, who use the services of the Website, buyers of products and services offered through the Website and others who access or use the Website.
By accessing or using any part of the Website or the services provided by or through the Website or by creating an account, you accept and agree to accept and comply with these Terms of use.
Amendments
We reserve the right, at our sole discretion, to modify or replace these Terms of use at any time.
Contacts
For any questions regarding these Terms of use, products, your orders, any further questions or requests for advice, you can contact our customer service department in the “Contact Us” section of the website, by phone or e-mail.
Links and other websites
The Website may contain links to websites or services of third parties that are not owned or controlled by Marchi s.r.l.
Marchi s.r.l. has no control and assumes no responsibility for the content, privacy policies or practices of any third party website or service. The user also acknowledges and accepts that Marchi s.r.l. shall not be liable, directly or indirectly, for any damage or loss caused or presumably caused by or in connection with the use or reliance on such content, goods or services available on or through such third party websites or services.
Liability
The liability for website browsing is entirely borne by the user. Except in the case of fraud or gross negligence, Marchi s.r.l. cannot be held responsible for faults, errors or computer viruses that could hinder the continuity of access to the Website or malfunctions that could be found in users’ PCs following access to the Website.
Intellectual property and trademarks
The “Marchi Cucine” trademark, and all trademarks, logos and service marks, as well as the designs and models that appear on this website are registered and/or unregistered trademarks or models of Marchi s.r.l. or third party suppliers of Marchi s.r.l.. The Website, and all the material, elements and contents included in the Website (including drawings, illustrations, photographs, texts, computer codes and graphics) that appear on this Website are the exclusive property of Marchi s.r.l. and the use by the user of the trademarks, 1
distinctive signs of Marchi s.r.l. or any other material of this type, look and feel and know how, in any way, is strictly prohibited. Nothing contained on the Website must be interpreted as granting, implicit or otherwise, a license or right to use any trademark or design and/or other material displayed on this Website without the written authorization of Marchi s.r.l.. The user may electronically copy and print hard copies of the pages of this Website exclusively for non-commercial purposes related to placing an order or purchasing on the Website. Unless specific authorization has been granted in advance, any other use of this Website, its content and information is strictly prohibited.
Applicable law
These Terms of use are governed by Italian law.
Complaints
If you have a complaint regarding any form of abuse and/or any breach of these Terms of use of the Website, please contact us through the “Contact Us” section of the Website.
Once we have completed and submitted a report, we will review it and take action if necessary.
General conditions of sale to profess- business
Scope of Application
1.1 These general conditions of sale and the terms of use of the Website apply to sales of the products displayed on the website www.shop.marchicucine.it (the “Products” and the “Website”) to the business sector, therefore consumers -i.e. those who act for purposes unrelated to their commercial, entrepreneurial, artisan or professional activity,- are expressly excluded
1.2 The seller is the company Marchi s.r.l. with registered office in S.S.P.I. No. 10 km. 234, Vescovato (CR) Italy, P.IVA 00997630199 n. REA 127451.; e-mail marchicucine@marchicucine.it; telephone 0372830350.
1.3 The Website is in Italian and English and the sales contract may be concluded in both languages at the buyer’s choice.
1.4 These general conditions of sale may be printed, downloaded and/or stored.
1.5 The placing of the order by the buyer implies acceptance of these general conditions of sale, which shall prevail over all previous versions and the specific conditions of the buyer, including those indicated in the e-mail exchanges unless expressly
accepted in writing by Marchi s.r.l..
1.6 Marchi s.r.l. reserves the right to modify these general conditions of sale at any time by publishing a new version on the Website. The general conditions of sale are those applicable on the date the purchase order is sent.
1.7 The invalidity and/or ineffectiveness of one or more clauses shall not affect the validity of the entire contract pursuant to art. 1419 of the Italian Civil Code
Orders
Product characteristics – Tolerances
2.1 Marchi s.r.l. has undertaken reasonable efforts to ensure that the images of the Products on the Website are faithful representations of physical products. Despite the adoption of technical solutions to minimize inaccuracies, however, there may be some discrepancies (e.g. color resolution) between the images and the Products due to technical limitations and in particular due to differences in color performance by Internet browsing software and/or display screens. Marchi s.r.l. shall not be liable for any inadequacy in the graphic representation of the Products displayed on the Website resulting from such technical limitations.
2.2 Furthermore, differences may exist between the Products delivered and those present on the Website or catalogue, in particular for artisan Products for which the homogeneity of production cannot be totally guaranteed or for Products that have been subject to adaptations linked to technical or technological evolution.
2.3 Any qualitative differences of the Products and the tolerance margins usual in the sector will be considered in accordance with the Contract.
2.4 Marchi s.r.l. has the right to process the order only in part or in several stages. The Products which have not been sent will be included, within the limits of availability, in the following shipment.
Availability of Products
2.6 Marchi s.r.l. reserves the right to modify the assortment of Products displayed on the Website at any time.
Ordering procedure and entering into the contract
2.7 The buyer chooses the Products by clicking on the respective images and can then place the order directly by filling in the Checkout page and accepting these general conditions of sale and Terms of Use, or he can place the chosen Products in the shopping cart and then place the order. After sending the order, the buyer will receive an e-mail confirming receipt of the order shortly afterwards.
2.8 The sale agreement is considered to have been concluded as soon as the buyer receives the e-mail confirming receipt of the order. Marchi s.r.l. reserves the right to cancel the order if the Products are not available, if the authorization to pay is refused by financial institutions or if the buyer has chosen to pay by bank transfer and it does not do so within 3 working days from the order.
Price/Payment
Price of Products
3.1 The prices of the Products are given in Euro and include VAT or other sales taxes that may be applicable. Marchi s.r.l. reserves the right to change the prices of the Products shown on the Website, at any time before the order procedure. The buyer is expected to check the current price of the Product when accessing the Checkout page.
3.2 The prices of the Products shown on the Website do not include shipping and delivery costs which will be charged to the buyer separately.
3.3 The standard delivery costs indicated on the Website are those relating to delivery according to the “street level” or “ground level” method referred to in article 4.5 below. These costs do not include the costs of “delivery at the floor”, “installation and/or assembly” services which, if provided in the area indicated as delivery address, may be selected by the buyer. The amount for “delivery at the floor”, “installation and/or assembly” services will be shown during the purchase process of the Product.
3.5 The buyer may be charged any additional costs in case of deliveries to geographically remote locations as provided for in art. 4.2 or if there are obstacles to unloading and/or access to the address indicated by the buyer as provided for in articles 4.6, 4.7, 4.9, 4.10.
Payment
3.5 Payment can only be made in Euro, in a single solution, at the time of the order, by bank transfer, PayPal, credit card, and/or any other methods specified in the order procedure.
3.6 In the event of failure to receive the bank transfer within 3 (three) working days of the order being placed by the buyer, the seller may terminate the sales contract by notice of termination sent by e-mail.
Scalapay
If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize such transfer.
Delivery
Methods of delivery of the Products
4.1 The delivery terms are merely indicative and therefore do not bind Marchi s.r.l.
4.2 Except in the case of fraud or gross negligence on the part of Marchi s.r.l., any compensation for damages for non-delivery or delayed delivery of the Products is
expressly excluded.
4.3 If the buyer’s delivery address is geographically remote or not easily accessible, for
example, Venice Lagoon, islands or isolated locations, it is possible that Marchi s.r.l. may not be able to deliver there or that an additional cost will be charged to the buyer for such destinations.
4.4 Orders for several number of Products cannot be delivered in several instalments and will necessarily be delivered in full to the delivery address specified by the buyer.
Delivery “street level” or “ground level”
4.5 Standard delivery will be made by a specialized carrier according to the “street level” or “ground level” method. The delivery dates indicated on the Website are merely indicative. Once the order has been confirmed, the buyer will be informed by email that the Product has been shipped and will be contacted by the carrier to agree on the delivery date.
4.6 The standard delivery cost indicated on the Website do not consider possible obstacles to unloading the goods. The buyer is obliged to make sure that the delivery address indicated is accessible to allow the unloading of the goods. In the event that it is necessary to occupy public land for unloading, enter the LTZ, and/or use external equipment and/or there is any other obstacle to unloading the Products, the buyer must give notice of this when placing the order, indicating it on the Checkout page, in the space called “Order Notes”. The occupation of public land, as well as the need for any external equipment to carry out unloading, do not fall within standard delivery and involve an additional delivery service that must be requested to the specialized carrier and which may entail an additional cost that cannot be quantified at the moment as it depends on the state of the places at the delivery address, the size of the Products, and any additional costs applied by the carrier. These costs will be communicated by Marchi s.r.l. to the buyer by e-mail after receiving the order and, unless otherwise agreed, must be paid by the buyer to the specialized carrier at the time of delivery.
4.7 If the non-accessibility to the unloading places, or the existence of obstacles to unloading the Products, including the access to the LTZ area is discovered only at the time of delivery, the additional cost will be charged directly by the carrier to the buyer.
Delivery service “at the floor ” and installation/assembly services
4.8 If the delivery service at the floor, installation or assembly service (hereinafter: “Services”) is available at the delivery area specified by the buyer, the buyer may request such Services by ticking the appropriate box. In such cases, once the order has been placed on the Website, the carrier shall contact the buyer by telephone to agree on the date of delivery at the floor or installation.
4.9 Before placing the order, the buyer must check the specifications of the Products in terms of size and volume to ensure that they can be transported by the means of access to the place of delivery. When placing the order, the buyer must indicate on the Checkout page in the space entitled “Order Notes” the obstacles to delivery by the normal means of access to the place of delivery (stairs, lift, doors). The buyer must also ensure that the delivery address indicated is accessible to allow the goods to be unloaded. If unloading requires the occupation of public land, access to the LTZ, and/or the use of external equipment and/or any other obstacle to the delivery of the Products, the buyer must indicate this on the Checkout page, in the space called “Order Notes”. Any additional costs linked to the delivery obstacles described above cannot be quantified at the moment as they depend on the state of the places at the delivery address, on the size of the Products, and on any additional costs applied by the carrier. These costs will be communicated by Marchi to the buyer by e-mail after receiving the order and, unless otherwise agreed, must be paid by the buyer to the specialized carrier at the time of delivery.
In case of impossibility to proceed with the delivery due to such obstacles Marchi s.r.l. may terminate the sales agreement.
4.10 If the inaccessibility to the unloading places, or the existence of obstacles to
unloading the Products, is discovered only at the time of delivery, the additional cost will be charged directly by the carrier to the buyer.
Absence of the buyer
4.11 If the buyer is not present at the agreed time of delivery, the buyer shall be charged for storage and return costs. If Marchi s.r.l. and/or the appointed carrier are unable to contact the buyer after making reasonable attempts to arrange delivery and/or redelivery, the Products shall be automatically returned to Marchi s.r.l., which may terminate the sales contract by charging the buyer with the delivery costs and requesting compensation for additional damages.
Transfer of risks
4.12 The risks shall be transferred to the buyer at the latest upon delivery to the first carrier at the Marchi s.r.l. headquarters.
Delay in delivery
4.13 If the delivery does not take place within the term agreed with the carrier or within 30 (thirty) days from the date indicated on the Website, the buyer shall invite Marchi s.r.l. to make the delivery within an additional term appropriate to the circumstances. The buyer has the right to terminate the sale contract if the delivery does not take place within the aforementioned additional period, without prejudice to the right to compensation for damages.
Product Compliance – Complaints
5.1 Upon receipt of the Products, the Buyer shall inspect the Products, their integrity and compliance with the sales contract.
5.2 Any claims relating to defects that can be identified through a diligent inspection upon receipt, such as, for example, the state of packaging, quantity, number or external characteristics of the Products (apparent defects), must be notified to Marchi s.r.l., under penalty of forfeiture, within 15 days from the date of receipt of the Products by writing to shop@marchicucine.it. Furthermore, if the goods or the relative packaging are damaged or in the presence of missing goods, the buyer is obliged to to the carrier, report them to the carrier with written notice in the transport document.
5.3 Any claims relating to defects not detectable by a diligent check at the time of receipt (hidden defects) must be notified to Marchi s.r.l. by registered letter with return receipt, under penalty of forfeiture, within 15 days from the date of discovery of the defect and in any case no later than one year from delivery.
5.4 The claim must specify precisely the defect found and the Products to which it refers. The Products whose defect is known to be defective must be at the disposal of Marchi s.r.l. in order to be returned and, if they are defective, Marchi s.r.l. will try to replace the Product and/or the part of the product found to be defective or, at its choice, to collect the Product and refund any price paid to the buyer. Returns will not be accepted unless agreed in writing. Any returns not previously authorized by Marchi s.r.l. will be rejected.
5.5 It is understood that the aforesaid guarantee absorbs and substitutes any other warranty or liability provided for by law, and excludes any other liability of Marchi s.r.l. (both contractual and ex-contractual) in any case originating from the Products supplied (e.g. compensation for damages, loss of profit, etc.).
5.6 If the buyer is a retailer, he agrees to assume exclusive responsibility for any obligations deriving from actions brought by his buyers pursuant to articles 128 et seq. of Legislative Decree no. 206 of 6.09.2005 (or similar regulations of another member state of the European Union, based on European Directive 1999/44/EC of 25 May 1999 and the subsequent EU Directive 2019/771). Therefore, the parties expressly agree to exclude any right of recourse against Marchi s.r.l. pursuant to Article 131 of Legislative Decree no. 206 of 6.09.2005 (or similar regulations of another Member State based on Directive 1999/44/EC by the subsequent EU Directive 2019/771) by the retailer who has remedied a lack of conformity with respect to the consumer.
5.7 Marchi s.r.l. shall not be liable for defects resulting from improper use of the Products by the buyer. Any modification made by the buyer to the Products authorizes Marchi s.r.l. to refuse any claim relating to such Products.
Force Majeure
6.1 Neither party shall be liable for any delay or failure to comply with these terms and conditions if the delay or failure to comply results from any event beyond the reasonable control of the party affected. Such events include (but are not limited to) e.g. pandemics, epidemics, fires, floods, earthquakes, natural disasters, wars, acts of terrorism.
Privacy policy
7.1 Pursuant to art. 13 of EU Regulation 2016/679 (GDPR), Marchi s.r.l., with registered office in S.S.P.I. no. 10 km. 234, Vescovato (CR) Italy, P.IVA 00997630199; e-mail shop@marchicucine.it; telephone 0372830350 acts as data controller of the personal data provided by the buyer pursuant to this document or those provided subsequently by the buyer, which therefore for privacy purposes is defined as “the Data Subject”. The data provided will be used for the purposes of using the Website, confirming the order of the data subject and managing the relationship with the data subject; the legal basis of the processing is the conclusion and performance of the sales contract in a filing system owned by Marchi s.r.l., whose purposes are the order procedure, the order confirmation, the entering into the contract and the management of the relationship with the data subject through the Website as well as the performance of the sales contract. The provision of personal data for these purposes is not mandatory, however, any refusal to provide the requested data will make it impossible to manage and execute the purchase orders requested. The e- mail of the data subject, who has already purchased products and/or services of Marchi s.r.l. through the Website, may also be used to send news and offers relating to the Products and services offered by Marchi s.r.l., it being understood that the data subject may refuse the processing of his/her e-mail for this purpose at any time by writing to Marchi at shop@marchicucine.it.
7.2 The data of the data subject may also be processed by Marchi s.r.l., if the data subject has accepted, by ticking the appropriate box, to send communications on the products and services offered by Marchi s.r.l.. In this case, the legal basis for the processing is the explicit consent of the data subject. The lack of the consent of the data subject for this purpose will in no way prejudice the execution of the contract.
7.3 The buyer has the right to access, rectify, cancel his personal data or to oppose or limit the processing, to request a copy of his personal data to be provided to the buyer and/or third parties in digital format; the buyer can exercise his rights by writing to Marchi s.r.l. (e.mail shop@marchicucine.it); the buyer also has the right to lodge a complaint for the processing of his personal data with the local data protection authority. The data subject may exercise his rights of access, rectification, cancellation or, limited to the processing, opposition to the processing and request a copy of his personal data to be provided to you and/or third parties in digital format by writing to Marchi s.r.l., sending an e-mail to shop@marchicucine.it.
7.4 The data subject has the right to withdraw its consent at any time without prejudice to the lawfulness of the processing prior to its withdrawal; the data subject also has the right to lodge a complaint for the processing of his personal data with the local data protection authority.
7.5 Personal data are collected and will be processed lawfully and fairly, will be processed using computer and telematic tools, and will be stored and controlled in such a way as to minimize the risks of destruction or loss, even accidental, unauthorized access and processing that is not permitted or does not comply with the purposes of their collection. The data of the data subject will be kept for as long as necessary to fulfil the order or until the buyer consents to receive communications from Marchi s.r.l. after which Marchi s.r.l. may keep the data subject’s data only for the period strictly necessary to fulfil legal obligations.
7.6 For the purposes of processing the purchase order, Marchi s.r.l. may provide the personal data of the data subject to third parties, such as transport companies, specialized fitters, financial institutions, legal and tax consultants, government bodies and regulatory bodies.
For further information, the data subject may consult the Privacy Policy published on the Site.
Applicable law / Jurisdiction
8.1 If the buyer has its place of business outside Italy, the sale contract for the Products shall be governed by the 1980 United Nations Convention on the International Sale of Goods and, as regards any matters not covered by that Convention, by Italian law.
8.2 For any dispute in relation to these general conditions of sale and the online sales carried out between Marchi s.r.l. and the buyer, the Court of Cremona (Italy) will have exclusive jurisdiction.).