1. IN GENERAL
These general terms and conditions of sale govern the purchase of products made through the inter- net network from the website www.martellato.com of Martellato s.r.l., with registered office in Via Rovigo 1/b 35010 Vigonza (PD), registered with the Companies' Register of Padua, REA no. PD-221929, Tax Code 02327740284 , VAT no. 02327740284 and are updated as of 01/11/2021, without prejudice to the right of Martellato s.r.l. to change them at its sole discretion, also in relation to market trends and products sold.
All descriptions and illustrations contained in Martellato s.r.l.'s catalogues, or in any other commercial documentation of Martellato s.r.l., are intended only to provide the customer with a general idea of the products or of the items and shall not form part of the contract between Martellato s.r.l. and the customer; any differences, where they do not concern the essential characteristics of the product and do not affect their quality, shall not justify cancellation of the order or refusal to deliver.
The contract is concluded exclusively via the Internet, through the customer's access to the site www.martellato.com following the purchase procedure provided by the site itself; specifying that the contract shall be considered concluded only after the customer has made payment. Sending the order by the purchaser implies acceptance of these Conditions of Sale.
2. PURCHASE PROCEDURE
Martellato s.r.l., has set a minimum amount per order of € 200.00. After the order has been sent, the Customer shall receive confirmation from Martellato s.r.l. by means of an automatic reply sent to the e-mail address provided by the Customer. Such confirmation message shall indicate the "Customer Order Number" to be used for any further communication with Martellato s.r.l. In addition to the information required by law, the message shall contain all the data entered by the Customer, who undertakes to verify their correctness and promptly notify any corrections concerning personal and shipping data.
Each order can be viewed by the Customer on the Site in his personal area.
3. AVAILABILITY OF ARTICLES
The availability of the products is indicative, as it refers to the actual availability at the time the purchaser places the order.
Even after Martellato s.r.l. has sent an e-mail confirming the order, partial or total unavailability of goods may occur; in such cases, the customer shall be notified by phone or e-mail and shall agree with Martellato s.r.l. on how to fulfill the order.
All prices of the products, expressed in Euros, are exclusive of VAT and do not include shipping costs, which are indicated and calculated at the time of conclusion of the purchase process before payment. Martellato s.r.l. has the right to modify prices at any time, but such changes do not apply to orders for which an order confirmation has already been sent.
5. METHODS OF PAYMENT
The payment methods for the purchased products are the following: Paypal and credit card.
In order to complete the order, the customer shall choose one of the methods indicated, which cannot be changed.
Martellato s.r.l. uses third party instruments for payment processing and does not in any way come into contact with the payment data provided.
In the event that payment authorisation is refused by such third party instruments, Martellato s.r.l. shall not provide the service and shall not be liable for any delay or non-delivery.
6. DELIVERY TERMS AND CONDITIONS
Delivery terms follow the INCONTERMS 2020 regulations in the specific CPT - carriage paid to for EU customers. Delivery shall be made as soon as possible to the address specified by the customer in the order. Delivery times vary depending on the country of the purchaser. The shipping costs, to be paid by the customer, are calculated automatically by the website and are visible to the customer before the order is sent. Upon receipt of the material, before signing the document to the courier, the purchaser undertakes to check the physical condition of the packaging and the number of packages in relation to what is indicated in the shipping documents. In case of inconsistencies, the buyer shall sign "RECEIVED WITH RESERVE" at the time of delivery, indicating the reason (such as "broken pallet", "open or broken carton" "open package" etc.) on the courier's delivery document. In the absence of such reservation, Martellato s.r.l. shall not be liable for any damage to the delivered goods.
7. TRANSFER OF RISK AND OWNERSHIP
Ownership of the goods shall pass to the customer when the goods are handed over to the carrier for delivery to the customer, without prejudice to the provisions of paragraph 5 above. The goods shall in any case travel at the customer's risk, it being agreed that each shipment is carried out on the customer's behalf and that, therefore, Martellato s.r.l. is released from any liability upon delivery of the goods to the carrier or to the customer in case the latter decides to collect the goods personally or through an agent.
8. FORCE MAJEURE
In case of force majeure or unforeseeable circumstances, Martellato s.r.l. may delay the fulfilment of the order and, in such event, shall inform the customer of the delay; the latter shall be entitled to cancel the order in whole or in part within 48 hours from receipt of Martellato s.r.l.'s communication. In none of the above cases, Martellato s.r.l. shall be liable for any delay, cancellation or impossibility to deliver.
9. CONTRACTS CONCLUDED WITH CONSUMERS
Should the customer be qualified as a consumer, the provisions on consumer protection shall apply, including those set forth in the Consumer Code (Legislative Decree no. 206 of 6 September 2005, as subsequently amended), which shall not be deemed to be derogated from these General Terms and Conditions. In particular, in the event that the consumer customer has concluded the contract off-premises or by means of distance selling, he/she shall be entitled to withdraw from the contract without any penalty by sending, within 14 (fourteen) working days from the date of receipt of the purchased items, a specific notice by letter sent by post to Martellato S.r.l., Via Rovigo, 1/B, 35010 Vigonza PD or by e-mail to email@example.com . The withdrawal letter, with the indication "I hereby notify my withdrawal from the contract of sale of the following goods...", shall also contain the following information: Martellato s.r.l.'s order confirmation number, customer's personal data (including tax code), customer's telephone number and/or e-mail address.
In case of exercise of the right of withdrawal, the purchased products shall be returned to Martellato s.r.l., undamaged and adequately packaged, within 14 (fourteen) working days from the sending of the above notice, at the customer's expense, to the following address: Martellato s.r.l. - Via Rovigo 1/b , 35010 Vigonza (PD). Upon exercise of the right of withdrawal, Martellato s.r.l. shall promptly return to the customer the amount received, excluding transport costs which are not refundable in any way.
10. LEGAL GUARANTEE OF CONFORMITY
The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128 to 135 and establishes the seller's responsibility for conformity defects of goods sold through its sales channels. The Legal Warranty under the Consumer Code is reserved for consumer customers. The Legal Warranty covers all products with a lack of conformity that exists at the time of delivery and which becomes apparent within 24 months of the date of purchase. The conformity defect must be reported to the seller within 2 months from the date of discovery of the defect.
11. RETURN OF MARTELLATO S.R.L. PRODUCTS
Items shall not be returned without prior written consent of Martellato s.r.l., save for the provisions set forth in the preceding paragraph "Warranty" and "Transfer of risk and ownership". After obtaining Martellato s.r.l.'s consent, in order to be entitled to a refund, the customer shall return the items, according to the following conditions:
1. The articles must not have been used and must be returned in the same conditions in which the customer received them.
2. The return must take place within 15 (fifteen) days from the date of the purchase invoice.
3. Where the terms and conditions of sale do not contain specific instructions (and such instructions have not been subsequently indicated by Martellato s.r.l.), all parts or components which may have been added to the product or article by the customer shall be removed before returning it to Martellato s.r.l.; otherwise, Martellato s.r.l. shall not be liable for any loss or damage which may arise. otherwise, Martellato s.r.l. shall be entitled to remove and/or discard all such additional parts.
4. the items shall be returned to Martellato s.r.l. at the customer's care, expense and risk. Items to be returned to Martellato s.r.l. must be properly packed and sent to Martellato s.r.l. - Via Rovigo, 1/B, - 35010 Vigonza PD
12. PROCESSING OF PERSONAL DATA
For any further information on the matter, please contact us at firstname.lastname@example.org.
13. COMPETENT COURT
The Court of Padua shall have exclusive jurisdiction for any dispute arising from these general conditions of sale and related contracts. If the customer qualifies as a consumer, any disputes arising from these general conditions shall be referred to the jurisdiction of the judge of the place of residence or domicile of the consumer. For anything not covered by these general terms and conditions of sale, the provisions of the Civil Code and Italian law shall apply.