The offer and sale of products on www.demarchi.com (hereinafter "Site") are governed by these Conditions of Sale.
The products purchased on the Site are sold directly by DE MARCHI 1946 a socio , a company incorporated under Italian law with registered office in Conegliano (TV), Italy, via XXIV Maggio, n. 120. VAT number 03074460266. n. Rea 404503 (hereinafter "Seller" or "De Marchi"). The Seller, for any need, can be contacted through the following contacts: (+39 for calls from abroad) 0438 400037; e-mail: [email protected].
For any other legal information relating to the Site, you can consult the sections: Privacy, Shipping, Returns and Refunds, Orders and Payment.
The Site is owned by DE MARCHI 1946 a socio .
ART. 1) OBJECT
1.1 These Conditions of Sale concern the offer and sale of products and services carried out remotely via computer network on the Site.
1.2 The Seller reserves the right to modify these Conditions of Sale at any time, also in consideration of any regulatory changes. The new Conditions of Sale will be effective from the date of publication on the Site.
ART. 2) SUBJECTS
2.1 Seller: the company DE MARCHI 1946 a socio , a company incorporated under Italian law with registered office in Conegliano (TV), Italy, via XXIV Maggio, n. 120. VAT number 03074460266. n. Rea 404503.
2.2 Customer: the subject identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these Conditions of Sale (hereinafter "Customer"). It is strictly forbidden for the Customer to enter false and/or invented and/or fantasy names in the online order process and in further communications. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers. The Customer also indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, solely responsible for the correct insertion.
2.3 Purchases on the Site are reserved for end , subjects such as traders, wholesalers, retailers, professionals, etc. who intend to resell the related products to third parties. Consumer means any natural person who acts on the Site for purposes not related to his commercial, entrepreneurial or professional activity, possibly carried out (hereinafter "Consumer"). The non-Consumer Customer is invited to refrain from concluding commercial transactions on the Site and, in any case, the Seller reserves the right not to process orders from subjects other than the Consumer or in any case orders that do not comply with its commercial policy.
2.4 The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
ART. 3) ONLINE BUYING AND SELLING
3.1 Online sales contract means the distance contract, the legal transaction concerning the sale of movable property, including services, (hereinafter "Products"), such as cleaning / restoration services that are subject to the specific, further, special conditions described on the pages of the individual services. These contracts, therefore, will be concluded directly through access by the Customer to the Site, where the Customer will conclude the contract for the purchase of the Product by filling in the order form in electronic format and sending it to the Seller, electronically, following the relative instructions. The Customer may purchase only the Products offered on the Site, at the price indicated therein, following the procedure indicated on the Site itself. When the Customer places an order, he must indicate at least his name, e-mail address, shipping and billing addresses, telephone number (and / or fax) and any data depending on the means of payment used.
Purchase requests from countries or addresses to which the Seller cannot ship cannot be accepted by the Seller. Below are listed the areas and countries where De Marchi does not sell its products and consequently, does not deliver its goods: Afghanistan, Antarctica, North Korea, Ghana, Guam, Equatorial Guinea, Iran, Iraq, Christmas Island, Islands, Cocos (Keeling) Islands, Macau SAR, Russia.
3.2 For each of the Products, a technical data sheet containing the main characteristics and technical specifications of the same is available on the Site. It is understood that the image accompanying the technical data sheet describing the Product may not be perfectly representative of its characteristics, but differ in color, size, accessory products shown in the figure and may change at any time without any obligation of notice by the Seller. The data sheets relating to the Products are, in fact, freely available. The Seller declines all responsibility for any inaccuracies relating to the Product sheet, as it has a merely illustrative function.
For each of the Products is also indicated the relative price (including all applicable taxes or duties, except as provided in paragraph 6.3 below), to which will be added the shipping costs to be calculated based on the delivery address indicated by the Customer.
3.3 In order to complete the purchase procedure of the Products, the Customer may, alternatively:
enter from time to time all the data necessary for the completion of the order
register on the Site by entering the required data in the appropriate form available on the Site and choose the personal code (password) and the identification code (User-ID, coinciding with the e-mail address) (hereinafter "Identification Tools") and complete the order form.
The Identification Tools are personal and not transferable to third parties, must be kept secret and, for security reasons, must not be kept together, nor noted on a single document. the Customer has forgotten the password and / or User-ID chosen at the time of registration, he must follow the procedure indicated in the appropriate section of the Site for the request of the new tool (s) of access to the Site itself. Since the e-mail address provided and used as User-ID cannot be subsequently changed, the Customer must be very careful not to lose the access credentials to his e-mail address, since in this case he would be forced to carry out registration procedure from scratch, obtaining new Identification Tools.
3.4 The correct receipt of the order will be confirmed by the Seller by means of an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will contain the data and details of the order (information relating to the essential characteristics of the Product, detailed indication of the price, means of payment and delivery costs) and a 'Customer order number', to be used in the case of any communication with the Seller. The message will contain all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods indicated on the Site. The Seller may, before sending the order confirmation, request further information from the Customer via e-mail with reference to the purchase order made on the Site.
3.5 Except as provided in the following article, the Seller, at the time of shipment of the Product, will send the customer a communication by e-mail confirming shipment, containing the tracking number of the shipment, which will allow the Customer to trace the route.
3.6 The data relating to each order placed will remain available to Customers who register following the procedure described above in paragraph 3.3, within their account, for a period of not less than 1 (one) year.
If, due to obvious and unequivocal misunderstandings or other errors of a technical or formal nature, the price indicated on the Site is lower than the correct sale price of a Product, the Seller reserves the right to contact the Customer to verify the intention to purchase the Product at the correct price. the order cannot be and the Product cannot be shipped or, if already received, must be returned to the Seller, with a refund of any price paid.
ART. 4) UNAVAILABILITY OF PRODUCTS - RESERVATION
4.1 The temporary unavailability of the Products (or of specific sizes, sizes, etc. of the same) is indicated on the Site by not displaying the Products or the relative sizes / measures. For some Products it is in any case available the notification service called "Notify Me", or a free service that allows the Customer, once activated, to receive a notice to the email address indicated by the latter, if the Products and / or the specific sizes, colors of the same desired but momentarily sold out, are again put in the availability of the Customer for purchase.
4.2 In the event of unavailability in stock of the Products ordered, occurring after the time of the communication of confirmation of receipt of the order on the Site by the Customer (described in the previous article, paragraph 3.4), the Seller will notify the e-mail address indicated by the Customer at the time of registration and will reverse the payment, if already made (the times of actual crediting of the sum paid depend on the type of means of payment chosen by the Customer). the unavailability of Products is only partial, the consequent reversal of payment will also be partial.
4.3 In certain cases and for Products selected at the discretion of the Seller, the Product booking service will be available on the Site, with special conditions of sale, payment and delivery dates of the same from time to time specified and appropriately indicated on the purchase page.
ART. 5) ACCEPTANCE OF THE CONDITIONS OF SALE
5.1 The Customer, by sending the electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe in his relations with the Seller, the Conditions of Sale and payment described in this document, declaring to have read and accepted all the indications provided to him, also acknowledging that the Seller does not consider himself bound by different conditions unless previously agreed in writing. If the Customer does not agree with some of the terms contained in these Conditions of Sale, he is invited not to submit the order form for the purchase of Products on the Site.
5.2 Furthermore, with the transmission of the order, the Customer confirms to know and the provisions of the Privacy, Shipping, Returns and Refunds, Orders and Payment sections.
ART. 6) SALES PRICES, TAXES AND FEES
6.1 Unless otherwise stated in writing, all prices quoted are inclusive of all applicable taxes or duties, including VAT and expressed in Euro. The validity of the prices indicated is always and only that indicated by the procedure (product sheet or order form) at the same time as the order is forwarded to the Seller. Prices may change without notice and the only correct price is to be understood as the one indicated at the time of confirmation of the order by the Seller.
6.2 The prices indicated do not include shipping costs that are calculated before the order confirmation sent by the Seller to the Customer and that the Customer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.3 If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Seller is not able to quantify in advance and the Customer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered. The Customer is invited to inquire with the competent bodies of his country of residence or destination of the Products, obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4. The Customer is solely responsible for any additional costs, charges, taxes and/or taxes that a given country may apply, for any reason, to the Products ordered under these Conditions of Sale.
6.5. The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous parr. 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute cause for termination of this contract and that it cannot in any way charge the to the Seller.
ART. 7) PAYMENT METHODS
7.1 The payment of the Products purchased by the Customer as well as the related delivery costs may be made according to one of the methods provided on the Site and indicated at the time of payment.
7.2 In the case of purchase of Products by credit card, together with the conclusion of the online transaction, the reference bank will charge the Customer's credit card for the amount relating to the Products purchased at the time of confirmation of the order by the Seller.
In case of exercise of the right of withdrawal by the Customer (who is a Consumer), the Seller will instruct without delay and in compliance with the conditions established in Article 12 below, the bank to credit the amount to be refunded to the Customer's credit card. At no time during the purchase procedure is the Seller able to know the information relating to the Customer's credit card, transmitted via a secure and encrypted connection directly to the site of the bank that manages the transaction. No computer archive of the Seller will store such data. Under no circumstances can the Seller be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of Products purchased on the Site.
ART. 8) DELIVERY METHODS
8.1 The delivery of the Products purchased by the Customer will be made by the Seller to the address indicated by the Customer.
Each shipment contains:
- the Products
- the Waybill issued by the Seller.
8.2 The Seller ships the Products to the Customer with selected express couriers. Indicatively – but in any case without this implying any constraint for the Seller and without prejudice to (a) the actual availability of the Products; (b) the periods of closure of the logistics warehouse for inventory/security checks or the periods of closure of the logistics warehouse on Italian national holidays and (c) the occurrence of any force majeure – the Products ordered will be delivered by the Seller to the selected courier within two working days following acceptance of the order. In any case, delivery will be made in a maximum time of 30 (thirty) days from the day following that on which the Customer sent the order.
In of only partial availability of the Products, supervening upon confirmation of the order, the Seller will promptly inform the Customer and, with the approval of the latter, will process the order with the Products .
Upon receipt of the Products at home, the Customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what was ordered. In case of discrepancies and / or discrepancies, it will be the Customer's responsibility to have the same detected and noted exactly by the courier, and if the packaging or wrapping of the Products ordered by the Customer should arrive at their destination clearly damaged, the Customer is invited to refuse delivery by the carrier / shipper or to accept delivery "with reserve". The Products purchased will be delivered by the courier appointed by the Seller to the shipping address indicated by the Customer.
the delivery of the Products has taken place without the effective possibility of the Customer to refuse it or to make reservations, the Customer must report any discrepancies in what has been received no later than 24 hours from delivery.
ART. 9) INVOICING
9.1 The Seller will send, upon request, the invoice of the Products shipped, by e-mail in PDF format to the Customer (or through an exchange system), who agrees to receive it in electronic format. For the issuance of the invoice, the information provided by the Customer at the time of the order shall prevail. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
ART. 10) LIABILITY
10.1 The Seller is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect or consequential damages not foreseeable at the date of signing these Conditions of Sale, suffered by the Customer or third parties as a result of the services rendered by the same and / or for damages of any kind or for any reason connected with them, deriving from any non-fulfillment of the obligations against them, even in the event of compensation for damages claimed by third parties for any reason.
The Customer expressly acknowledges that the Seller's liability for any failure to perform the services referred to in the preceding point is limited to, and may in no case exceed, the amounts received by the same and paid by the Customer in relation to the execution of the individual services to which the responsibility refers. Any greater damage, loss, cost or expense is expressly excluded. The Seller is not liable for any disruptions and/or prejudices that may arise to the Customer from causes not attributable to the same or, in any case, from delays due to malfunction, failure or irregular transmission of information or causes beyond its control including, without limitation, delays or line drops of the system, interruption in the operation or lack of connection of the Internet network or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or malfunction of the electronic, postal or electricity supply service; lockouts or strikes even of its own personnel, wherever they occurred; impediments or obstacles caused by legal provisions or acts of national or foreign authorities; measures or acts of a judicial nature or acts of a third party; from other causes not attributable to the Seller and in general of any impediment or obstacle that cannot be overcome with ordinary diligence by the Seller in relation to the nature of the activity carried out.
10.2 The Seller has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and security of the services themselves, as well as to suspend their operation for precautionary reasons, without the Seller being held responsible for the consequences of any interruptions or suspensions.
10.3 The Seller is not responsible for any fraudulent or illegal use that may be made by third parties of the credit cards used by the Customer at the time of purchase of the Products. The Seller, in fact, at no time during the purchase procedure know the Customer's credit card number.
10.4 Finally, any contractual and non-contractual liability of the Seller for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order by the Seller is excluded.
ART. 11) WARRANTY OF NON-CONFORMING PRODUCTS – CONVENTIONAL WARRANTY
11.1 The Seller does not sell used, irregular or inferior products to the corresponding standards offered on the market.
11.2 The Products purchased on the Site are subject to the regulations on warranty, as applicable, referred to in Directive 44/99 / EC and Legislative Decree 206/2005 (hereinafter the "Consumer Code"), articles 128 and following, on sales contracts concluded between professionals and consumers and on guarantees concerning consumer goods and, for anything not covered therein, to the specific provisions of the Italian Civil Code.
Therefore, the Seller guarantees the Consumer Customer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. The application of any warranty is excluded in case of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings provided by the Seller, or reported in the reference illustrative documentation, tags or labels.
This warranty will apply to the Product that presents defects of conformity and / or malfunctions not found at the time of purchase, provided that the Product has been used correctly and with due diligence, that is, in compliance with its destination and as provided in any technical documentation, in compliance with the various operating rules indicated therein. The will not be applicable in case of negligence or negligence in the use and maintenance of the Product.
The warranty is personal and will therefore apply only to the original buyer, being reserved exclusively for the Seller's Customers who hold the status of Consumers and not to traders, retailers, etc. who do not qualify as Consumers pursuant to the Consumer Code (to whom, instead, the legislation on warranty on defects of the sold thing provided for by the Italian Civil Code will apply).
11.3 Any non-conformity of the Products (including the non-conformity of the Product due to damage due to transport) must be reported to the Seller no later than 2 (two) months from the discovery (term provided for by the Consumer Code) by communication to be sent by registered letter with return receipt, certified e-mail ([email protected]) or email ([email protected]). The Seller may also request the Customer to send photographic documentation by e-mail to support the non-compliance complained of.
11.4 The Customer must make the Products non-compliant the Seller, who will bear the shipping costs. The Seller, if the non-conformity is ascertained, will provide, at no cost to the Customer, to restore the conformity of the Product by repair / replacement or reduction of the price, until the termination of the online sales contract with refund of the price paid.
The timing of repair or possible replacement of the Product depends exclusively on the policies of the individual manufacturer and no damage can be requested from the Seller for any delays in carrying out repairs or replacements.
11.5 The Product, even if allegedly non-compliant, must be sent to the Seller complete with all the accessories and documentation received from the Customer at the time of purchase. The return of the product without the accessories and documentation mentioned above prevents the Seller from intervening on the Product itself and therefore makes it impossible to repair and replace the Product. The Seller reserves the right to verify the actual defectiveness reported by the Customer and to have the repair or replacement carried out only after such check.
If, following verification by the Seller, the defect complained of by the Customer does not result in a lack of conformity, the Seller reserves the right to charge the Customer for the costs of verification and restoration as well as the related transport costs incurred. The Customer may choose to have back – at his own expense – the Products purchased. If the Customer refuses the shipment, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the Products.
11.6 In the event that the Product is not affected by a lack of conformity, it will be possible for the Customer to request a quote for the repair / restoration of the Product for a fee.
11.7 In the event that the Product sold has been tailor-made or clearly customized for the Customer, the legal guarantee described in this article will not be applicable with reference to the characteristics of the Product that have been made by following the instructions provided by the Customer ( length, width, colors, etc.) nor can the fit of a Product be disputed, as an objective characteristic of the garment (determined by the manufacturer based on the final use and style that the company itself wanted to impose on a clothing line or a garment, thus responding to exogenous canons to the customer).
ART. 12) RIGHT OF WITHDRAWAL
12.1 Articles 52 and following of the Consumer Code provide that the Customer – exclusively if he is a Consumer – has, without the need to provide any reason, the right to exercise the right of withdrawal from the online sales contract, or the possibility of returning the Product and obtaining reimbursement of the expense incurred, within 14 (fourteen) days from the date of delivery of the Product.
12.2 The right of withdrawal is subject to the following conditions:
– the right, being reserved for Consumers, does not apply to professionals and companies, therefore it cannot be exercised if the Customer had requested the issuance of an invoice indicating a VAT
– the right applies to the Product in its entirety and not to parts or components of
– in the event of prize transactions or combined promotional sales, in which the purchase of a good is associated with another good that is sold at a ridiculous price (or given away), the right of withdrawal will be legitimately exercised with the return of both Products purchased (given the constraint of the accessory nature of the goods in promotion compared to the first);
– pursuant to art. 59, paragraph 1, letter c) of the Consumer Code, the Product sold has been tailor-made or clearly customized for the Customer, the latter will have no right of withdrawal.
12.3 To exercise the right of withdrawal, the Customer, without the need to provide explanations and without any penalty, must:
- if Customer registered on the Site, express within 14 (fourteen) days from the day of receipt of the Product their desire to withdraw from the online purchase contract by logging in, in their account on the Site, to the Product Return section you can select the item / items to be
- if the Customer is not registered on the Site, express within 14 (fourteen) days from the day of receipt of the Product his intention to withdraw from the online sales contract by sending an email communication to the [email protected] address mailto:[email protected] containing the declaration of withdrawal and the indication of the order number.
12.4 At the same time as sending the notice of withdrawal, the Customer must take action to return the Product to the Seller. The shipment of the Product must strictly take place within a maximum period of 30 (thirty) days from the communication of the Customer pursuant to paragraph 12.3 and the costs for the return of the Product by the Customer will be borne by the Customer.
12.5 The Product must be returned intact and carefully packed in its original packaging, complete with all accessories. In the event that a use/manipulation of the Product by the Customer is detected other than the minimum necessary to verify its nature and characteristics, the Customer – pursuant to art. 57 of the Consumer Code – will be responsible for the consequent decrease in value, which is now conventionally agreed in a reduction equal to 50% (fifty percent) of the price originally paid, which the Seller will retain when reimbursing the price.
In the case of several Products relating to the same order, in relation to which the Customer has exercised the right of withdrawal, the same must be sent to the Seller with a single shipment. The Seller is not liable in any way for damage or theft / loss of Products returned by the Customer with uninsured shipments.
12.6 The Customer will not be entitled to exercise his right of withdrawal in cases where it is ascertained:
- the lack of the original packaging and / or
- the absence of all the integral elements of the Product (accessories, tags, labels, information notes, etc.);
- substantial damage to the Product for reasons other than transport;
- the product has been used and/or washed.
In case of forfeiture of the right of withdrawal, the Seller will inform the Customer of the impossibility of accepting the return; the latter may choose to have back – at his own expense – the Products purchased. If the Customer refuses the shipment, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the Products.
12.7 Without prejudice to the provisions of paragraph 12.5 above with regard to the decrease in value or the causes of forfeiture of the right of withdrawal, the Seller will refund the price of the Product for which the Customer has exercised the right of withdrawal and the shipping costs incurred by the Customer at the time of the order (unless the Customer has chosen a shipping method different from the standard one made available by the Seller) within the maximum term of 14 (fourteen) days from the date of receipt at the Seller of the Product returned according to the methods indicated above, by crediting the amount to be refunded, according to appropriate methods depending on the payment method originally used by the Customer (crediting to credit card or PayPal account, bank transfer, etc.).
12.8 If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be performed by the Seller, in any case, against the person who made the payment.
ART. 13) INFORMATION AND COMPLAINTS
13.1 For any request for clarification or complaint, the Seller can be contacted at the following e-mail address: [email protected].
ART. 14) COMMUNICATIONS
14.1 The Customer acknowledges and accepts that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated by the Customer at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits established by the Site. This information – in the case of registered users according to the procedure described above in paragraph 3.3 – will remain available in the Customer's account for a period of not less than 1 (one) year.
14.2 The Seller indicates the following contact details for the purpose of communications:
- : De Marchi 1946 S.r.l. (Servizio resi), via XXIV Maggio, 120, 31015 Conegliano (TV) ITALY
- email: [email protected]
- PEC: [email protected]
ART. 15) CANCELLATION OF ORDERS BY THE SELLER
15.1 The Seller reserves the right to refuse or cancel an order or a Product forming part of an order if any situation arises that legitimizes the suspicion that a credit card fraud is in progress.
ART. 16) DISCOUNT CODES AND COUPONS IN EURO
16.1 The "Discount Codes" and "Euro Coupons" are for strictly personal use and, to be applied, must be entered in the appropriate spaces (shopping cart page) during checkout. The valid "Discount Codes" apply a percentage reduction in the list price of the products to which these Discount Codes apply, net of any transport costs. Percentage Discount Codes can be cumulative or non-cumulative, depending on the rule applied to the individual discount voucher. In the case of products on sale, the Discount Codes will take effect according to the applied.
16.2 The valid "Euro Coupons" apply a reduction to the total amount of the cart net of any reductions obtained by percentage Discount Code and gross of transport costs. The reduction in the amount applied is equal to the nominal value of the Coupon. In the case of Coupons in Euro of an amount equal to or greater than the total amount of the cart (including any transport costs), the Customer will not have to pay anything. The Euro Coupon can be used for a single purchase and therefore any remaining amount is not reusable.
ART. 17) APPLICABLE LAW AND JURISDICTION
17.1 The contract of sale between the Seller and the Customer that will arise from the acceptance of any order placed through the Site will be governed by Italian law, in particular by the Consumer Code and by Legislative Decree 70/2003 on certain aspects of electronic commerce, and by these Conditions of Sale, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
17.2 For any dispute relating to the validity, interpretation or execution of these Conditions of Sale and the purchase contract, the exclusive territorial jurisdiction belongs to the Court of Treviso, without prejudice to the applicability of art. 66-bis of the Consumer Code.