General terms of sale
1) Seller information
Products purchased on www.martinelstore.com are sold by ARREDAMENTI MARTINEL DI FLAVIO BARZAN & C. S.n.c. whose headquarters and legal head office are situated in 33080 Zoppola, Via Pordenone n.1 - Località Poincicco (PN) while the VAT number is 0012115093.
Arredamenti Martinel can be contacted to the telephone number 0434623137 or by mail at the address email@example.com.
The certified e-mail address of ARREDAMENTI MARTINEL DI FLAVIO BARZAN & C. S.n.c. is CERTIFICATA@PEC.MARTINEL.IT.
2) Applicable law
The online sales contract between the Customer and the Supplier in meant concluded in Italy and regulated by the Italian Law.
Proceeding to the purchase, the Customer declares to have examined and accepted the general terms of sale.
The Customer is therefore invited to be aware of them and conserve one copy.
Seller reserved itself the right to decide wether or not complete the final purchase process. In case of already effectuated payment, the total amount will be promptly refunded.
3) Prices, purchase process and means of payment
Prices on Arredamenti Martinel - www.martinelstore.com - change automatically according to collection, country of dispatch and quantity: the automatic estimate of the discounted price always guarantees transparency and the best possible price.
For Italy and the European Union the quotation always includes Vat; the standard shipping in Italy is always free, except for the islands.
For United States, Canada, Norway (and other countries Extra EU) the quotation shows prices excluding VAT, and the invoice is emitted VAT exempt. VAT and other taxes depend on the dispatch country and will be imposed on the Purchaser.
In order to conclude the purchase contract on www.martinelstore.com, it is necessary to fill out an electronic order module of Arredamenti Martinel.
The contract will be concluded by the seller office and only after having received:
- the order module duly filled out
- the payment of the entire price of the goods ordered.
Only after the conclusion of the contract, Arredamenti Martinel will assume the obligation to deliver the goods.
The payment will be done as indicated in the order module according to one of the following ways:
- BANK TRANSFER on current account headed to ARREDAMENTI MARTINEL di Flavio Barzan & C. S.n.c.
IBAN code: IT13G0200864990000040738429 SWIFT - BIC: UNCRITM1UT1
Bank: UniCredit Bank Agency of Sacile Del Popolo
For order superior to € 500,00, the Customer will give a down payment of 50% and the 50% balance before the delivery.
- PAYPAL, leader for online payments and you can use the main credit cards like Visa, Mastercard, PostePay, American Express. To pay with PayPal is easy, fast and safe.
- CREDIT CARD: Arredamenti Martinel accepts all the main credit cards like Visa, Mastercard, PostePay, American Express.
Arredamenti Martinel does not visualize your data of your payment because they are managed exclusively on safe hosts of PayPal.
Important: always make sure that the Shipment Address inserted on PayPal is the same to the one given to Arredamenti Martinel when ordering.
4) Shipments, Delivery Methods and Modality and Behavior of the parties.
For purchases done on Martinelstore.com, Arredamenti Martinel will deliver the goods to the address indicated on the order module, and as expected by the art. 2, after the payment of the price.
Arredamenti Martinel undertakes to perform the deliver in the shortest possible time.
The delivery time can go from 3 to 8 working weeks, estimated by adding the production time of the product chosen, to the delivery time. Possible early or late delivery, will be promptly notified by Arredamenti Martinel, as soon as we will learn about it.
The standard shipment in Italy is free except for the islands. With “standard shipment” is meant the delivery of the goods only at street level and the Customer must cooperate with the driver to unload the packages from the truck.
The shipping costs outside Italy are estimated according to the type of product, brand and dimension of the items chosen and are clearly specified in the cart.
Arredamenti Martinel undertakes to previously inform the Customer by e-mail of the forthcoming shipment, in order to inform about the exact day of departure, anticipating the accompanying invoice of the purchases done.
To facilitate the Customer, it is expected a free service of telephone warning in order to previously agree with the courier, the day and the time slot for the delivery. Possible costs of storage, because of delivery beyond the terms or for the repeated lack of answer by the customer to the attempts of contact performed by the courier, will be entirely borne by the Customer.
It is Customer's duty to verify the accessibility for the courier to the delivery place, advising about possible difficulties or obstacles. If, for any other reason according to the courier, the delivery in the place indicated in the order turns out as impassable and unless the Customer communicates any other destination covering all the further costs, preferring to withdraw from the contract, all the order, delivery and items return operating costs, will be charged to him.
It is possible for the Customer to collect the goods directly by the offices of Arredamenti Martinel from Tuesday to Friday during timetables to be confirmed.
5) Customer's obligation at the moment of the delivery and in case of alteration and/or damages of the packagings.
The deliveries are carried out with insurance cover and the respect of what above mentioned is an essential condition to allow the seller to get access to the refund of the damage caused by the transport and to the buyer to have the product replaced or refund.
Whenever the customer does not perform the behaviours required and because of this the seller can’t rely on the insurance cover, the seller won’t be obliged to refund or substitute the goods damaged during the transport.
It is burden of the Customer to verify, at the moment of the delivery, the number and the exterior state of the packages and the integrity of the packaging before any manipulation.
If the number of the packages does not match with the transport documents, the Customer must notify to the courier the lacking packages. In lack of annotation, the delivery must be meant as completely executed according to what written on the transport document.
If the exterior condition of the packages shows tampering and/or damages, the Customer is expected to accept the goods with "goods unchecked" declaring it to the courier and describing it personally and in detail, in written form on all the copies of the delivery receipt, the exterior damage of the packages, taking photos before the opening of the package, of the whole package and of the damaged point.
General and not documented reserves, won't be accepted.
Once opened the package and verified the presence of a damage on the goods caused by the transport, the Customer must respect the following behaviours:
- take photographic documentation of the damaged parts and keep the product and the packaging for its return to the seller.
- within 2 days from the reception of the goods, the Customer must send the “Damage Report” to Arredamenti Martinel to the e-mail addresses in art. 1, attaching the certificate of reception of the goods with "goods unchecked", the description of the package damage given to the courier and the one verified on the goods after the unpacking and the photographic documentation of the packages and of the damaged goods.
The withdrawal of the damaged goods with its package will take place in the same way of the delivery. If a “standard delivery” was required, the customer must therefore place the goods at street level as the delivery.
The respect of what above mentioned is an essential condition to the complaint of the goods for effects or damages caused by the transport, in order to have the product replaced or refund.
Arredamenti Martinel, once received the “Damage Report" together with the documentation above mentioned, reserves to communicate to the Customer, within 10 days from the purchase and to the e-mail address provided during the registration process, the possible availability of one or more products acquired. In the event of purchase of a product not available anymore, Martinel will arrange the reimbursement of expenses of the product and where present, the shipping costs incurred by the customer.
6) Guarantee of compliance of the product.
The Customer is invited to take full acknowledge of the Legislative Decree of 06/09/2005 n. 206, more known as “Consumer Code” and in particular of the section 3 (for the definitions of consumer, trader and product) and of the sections 128 and subsequent that regulate the legal guarantee of conformity and commercial guarantees.
In the sales to the Consumer Customer the seller is obliged to deliver the goods in compliance with the selling contract and is responsible for any lack of conformity present at the moment of the delivery of the goods and that appears within the term of two years from the delivery.
There isn't any lack of conformity if, at the moment of the conclusion of the contract, the consumer was aware about the flaw or could not ignore it with ordinary diligence or if the lack of conformity comes from instructions or equipment provided by the consumer.
Complaints as products defects won’t be accepted if they concern breaks or dents which can be caused by the transport, unless the customer preserves the package with which the goods was originally delivered so that by its integrity it can be excluded that the damage has been caused by the transport.
There is no guarantee if the flaw comes from imperfect installation of the goods from the Customer's side or from a person in charge by him.
The consumer decades from the guarantee if he does not notify to the seller the lack of conformity within two months from the day of the discover of the failure.
Except from the other rights expected by the law, the guarantee involves the right to demand the repair or the substitution of the product.
The replacement of the product means the obligation for the customer to give back to the seller the faulty goods which has to be carefully packaged for the transport. The withdrawal of the damaged goods with its package will take place in the same way of the delivery. If a “standard delivery” was required, the customer must therefore place the goods at street level as it was delivered.
The respect of what above mentioned is an essential condition to the complaint of the goods for products defects.
For the Trader Customer, the products is covered by a guarantee of one year from the delivery as expected by the Civil Code and which operates only if the flaw is reported within 8 days by the discovery.
For what above unmentioned, please refer in any case to the disposition of the Legislative Decree of 06/09/2005 n. 206 and to the norms of the Italian civil code.
7) Right of withdrawal
The Customer is invited to take full acknowledge of the Legislative Decree of 06/09/2005 n. 206, more known as “Consumer Code” and in particular to the sections 52 and subsequent which regulate the right of withdrawal.
The Consumer Customer has the right of withdraw without having to give any motivation and without having to support costs different from those expected in section 56, paragraph 2, and in section 57 of the consumer code.
The right of withdrawal is excluded in case of supply of customized goods or clearly personalised.
The withdrawal has to be performed within a period of fourteen days starting from:
- the day in which the consumer or the third party, different from the carrier and assigned by the consumer, gains the physical possess of the goods;
- in the event of multiple goods ordered by the consumer through a single order and delivered separately, from the day in which the consumer or a third party, different from the carrier and assigned by the consumer, gains the physical possess of the last good;
- in the event of delivery of a good formed by multiple lotteries or pieces, from the day in which the consumer or a third party, different from the carrier and designated from the consumer, acquires the physical possession of the last lot or piece.
Before the expiration of the period of withdrawal, the consumer informs the trader of his decision to exercise the right of withdrawal from the contract through the sending of one written communication with the explicit declaration of his decision to withdraw from the contract.
The communication must reach ARREDAMENTI MARTINEL DI FLAVIO BARZAN & C. S.n.c. using alternatively one of the following ways:
- through mail to the address 33080 Zoppola, Via Pordenone n.1 - Località Poincicco (PN)
- e-mail to the addresses firstname.lastname@example.org or, if the customer has PEC, to the certified e-mail address CERTIFICATA@PEC.MARTINEL.IT
The consumer has exercised his right of withdrawal within the period of withdrawal if the communication referring to the use of the right of withdrawal is sent to the consumer before the expiration of the period of withdrawal.
The relative burden of proof to the exercise of the right of withdrawal in compliance with the present section falls on the consumer.
In case of withdrawal, unless the trader offered himself to collect the goods, the consumer gives back the goods or hand them to the trader or to a third party authorized to receive the goods by the trader, without any undue delay and in any case within fourteen days from the date in which he has communicated to the trader his decision to withdraw from the contract. The term is respected if the consumer sends back the goods before the expiration of the period of fourteen days. The consumer supports only the direct cost of the drawback of the goods, provided that the trader has not agreed to support it.
Goods must be given back perfectly intact and properly packed, equipped with all the eventual accessories, including technical and/or assembly instructions. The consumer is responsible for the reduction of the value of the goods deriving from a manipulation of the goods, different to the one necessary to establish the nature, the characteristics and the functioning of the goods.
In case of withdrawal, the seller is subject to the obligation expected by art. 56 of Consumer Code which literally reports:
Obligations of the trader in the event of withdrawal
1. The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Section 54. The trader shall carry out the reimbursement referred to in the first sentence using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement. In the event that the payment is made by cheque or bill of exchange, if these have not yet been presented for payment they must be duly returned. Any provision which limits reimbursement to the consumer of amounts paid as a result of withdrawal shall be null and void.
2. Notwithstanding paragraph (1), the trader shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
3. Unless the trader has offered to collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
For what unmentioned above, please refer in any case to the disposition of the Legislative Decree of 06/09/2005 n. 206
8) Competent Court
The Customer is invited to take full acknowledge of the Legislative Decree of 06/09/2005 n. 206, more known as “Consumer Code” and in particular of the section 3 for the definitions of consumer and trader.
According to the same Legislative Decree of 06/09/2005 n. 206, for civil disputed concerning the interpretation, the execution and the resolution of the sale contract at a distance with the Consumer Customer the territorial imperative jurisdiction is of the judge of the place of domicile of the consumer, if in the territory of the State.
In case of sale to Trader Customer, the competent jurisdiction is Pordenone, being the judge of the place of the conclusion of the contract.