By using this Site, the User fully accepts the Terms and Conditions of Use (hereinafter referred to as T&C): in case of non-acceptance, please refrain from using the Site.
VIE DEL MARMO reserves the right to:
• Modify the Site giving no previous notice.
• Amend the T&C at any time Consequently, full responsibility for carefully reading and complying with the amended T&C falls on the User.
For any queries, contact VIE DEL MARMO at the e-mail address shop@viedelmarmo.com
Definitions
• “User” and “You” refer to the person accessing the Site accepting the Terms and conditions.
• “VIE DEL MARMO” means Vie del marmo Srl, via Fiumetto 399, Querceta 55045 (LU), Italy, VAT Number 02520320462
• “Site” refers to the Website accessible at the following URL: www.viedelmarmo.com
Contents
VIE DEL MARMO has taken all possible measures to guarantee the constant operation of the site. However, VIE DEL MARMO cannot guarantee that the Site or its contents, services and features are free from errors or the prompt correction of any inaccuracies. Consequently, VIE DEL MARMO does not accept any explicit or implicit responsibility. The user must personally verify the accuracy of the information contained on the Website, accepting full responsibility for the use of the aforementioned information and any contents connected to it.
Intellectual property rights
VIE DEL MARMO owns and controls all the contents of the Site, including trademarks, logos, sounds, music, graphics, texts and page layout (collectively the “Features”). The User may use the Features only if such use is necessary for the intended use of the Site and the User must use this information only for personal and non-commercial purposes, refraining from copying, modifying, processing, reproducing, republishing, uploading, publishing, publicly displaying, encoding, translating, transmitting or distributing such information for any purpose and in any way on other computers, servers, websites or other means, including any other method of publication or distribution, without the written consent of VIE DEL MARMO. The site may have hypertext that redirects the user to third party websites that may not be approved by VIE DEL MARMO. Users visiting any website through a link on this website shall do so at their own risk.
Furthermore, VIE DEL MARMO expressly declines any responsibility for actions or omissions by third parties in connection with or relating to the use of the Site and/or services of VIE DEL MARMO.
Limitation of liability
In accordance with the national regulations for all Users, VIE DEL MARMO expressly declines any responsibility for the Features provided on the Site, since they are not guaranteed to be free of errors or continuous and provided “as is” and “according to availability”. Unless prohibited by the User’s national regulations, under no circumstances shall VIE DEL MARMO be held responsible for any indirect, consequential, exemplary, accidental or punitive damage, including loss of earnings connected with the use of the Site. Should VIE DEL MARMO believe that a User has violated the current T&C, the company reserves the right to block future access to that User.
Applicable law
All matters relating to the use of the Site by the User, including all disputes, are governed by Italian law.
Jurisdiction
The User accepts the Court of Lucca (Italy) as exclusive jurisdiction. The aforementioned provision may not be valid in the event of a prevailing mandatory clause.
GENERAL CONDITIONS OF ONLINE SALE
1. SCOPE OF APPLICATION
1.1. These general conditions of sale (“Conditions“) apply to all contracts for the sale of products marketed by VIE DEL MARMO SRL, with registered office in Via Fiumetto 399, Querceta (LU) VAT N°02520320462, and purchased by the final consumer (“Purchaser“) through the www.viedelmarmo.com website. The Purchaser is required to read these Conditions made available by VIE DEL MARMO in the specific “General Conditions of Sale” section of the Site prior to making any purchase on the Site. These Conditions must be carefully examined by the Purchaser before completing the purchase procedure for the products through the Site. These Conditions can be printed and stored by any person who has visited the Site. Sending a purchase order (“Order“) for a product offered for sale on the Site implies the Purchaser’s total and unconditional acceptance of these Conditions as well as of the Terms and Conditions of Use of the Site and the Privacy Policy. For the purposes of these Conditions, the Purchaser and VIE DEL MARMO are jointly referred to as “Parties“.
1.2. The conditions can be modified at any time. Any modifications and/or new general conditions shall be considered in force as soon as they are published in the “General Conditions of Sale” section of the Site.
For this purpose, we invite Purchasers to regularly access the Site and check the publication of the latest updated conditions. It is to be understood that the Conditions applicable are those in force on the date the purchase order is sent by the Purchaser.
1.3. These Conditions, as amended from time to time, will apply for the entire duration of the offer of the products for sale on the Site and until expiry of the terms of the warranties referred to in the following art. 8
2. REGISTRATION AND PERSONAL PAGE
2.1. To make purchases through the Site, the user can decide to proceed without registering on the Site. It is also possible to make a registration through the appropriate section of the Site dedicated to consumers, creating a specific account and accepting the Conditions. Failure to accept the Conditions will make registration on the Site impossible. Registration on the Site is free. By registering in the appropriate section of the Site, the Purchaser declares to act exclusively as a “consumer” pursuant to Legislative Decree 206/2005 (“Consumer Code”). The term “consumer” refers to any natural person who acts on the Site for purposes not related to his own commercial, business or professional activity, if existing.
2.2. The Purchaser guarantees that the registration credentials provided during the registration procedure on the Site are complete, correct and truthful and undertakes to hold VIE DEL MARMO harmless and released from liability for any damage, compensation and/or penalty deriving from and/or in any way related to the violation by the Purchaser of the rules regarding registration on the Site or on the conservation of registration credentials.
2.3. The Purchaser is exclusively responsible for accessing the Site by using the registration credentials and is directly liable for any damage or prejudice caused to VIE DEL MARMO or to third parties due to improper use, loss, improper appropriation by others or by failure to adequately protect the confidentiality of their registration credentials. All operations carried out through the registration credentials are considered carried out by the Purchaser to whom the registration credentials refer.
2.4.The Purchaser may at any time request the cancellation of personal data from orders by written request to shop@viedelmarmo.com indicating their username or the email used at the time of registration.
3. INFORMATION REGARDING THE CONCLUSION OF THE CONTRACT
3.1. The Purchaser may choose the products to be Purchased through the various categories available on the Site. Information regarding products and their characteristics is published on the Site.
3.2. Pursuant to Legislative Decree 9 April 2003, no.70, the potential Purchaser is hereby informed that in order to make a purchase proposal the procedure indicated on the Site must be followed, which allows – prior to the actual transmission of the order form – the identification and correction of any data entry errors.
3.3. Once the purchase proposal has been sent, VIE DEL MARMO will process the request, verify receipt of payment for the products being purchased and if the proposal is accepted, will send confirmation of the order by email to the Purchaser, which will include: a summary of the information regarding the characteristics of the product purchased, detailed indication of the price, the payment method used and the shipping costs.
3.4. Prior to sending the Order, the Purchaser can view all the information referred to in Article 49 of Legislative Decree no.206/2005 (Consumer Code), on the Website, i.e. by way of example and not limited to: information relating to VIE DEL MARMO, the price, including taxes and shipping costs, the essential characteristics of the product/s the Purchaser wishes to purchase and together with all the other mandatory information required by Italian law.
3.5. The products comply with the legislation applicable in Italy in force at the time of the Order. VIE DEL MARMO cannot be held responsible for the non-compliance of the products with the legislation of the country in which the Purchaser wishes delivery to be made. The Purchaser is required to check with the local authorities of the country of delivery of the products, the methods of importing and/or using the products and services he intends to order.
3.6. VIE DEL MARMO cannot guarantee that the information written on the product packaging will be translated into all languages of the European Union. However, the aforementioned information will be available at least in Italian and English.
3.7. For any queries concerning the products and their use, for any further questions or requests for advice, the Purchaser can contact the VIE DEL MARMO Customer Services at the following email address shop@viedelmarmo.com
4. ANNULMENT OF THE CONTRACT
4.1. Once the products to be purchased have been selected, the Purchaser must confirm the Order after viewing the order summary screen containing the final prices of the products ordered, including any shipping costs. With confirmation and electronic submission of the Order, the Purchaser makes an irrevocable proposal to purchase the products selected in the shopping cart, undertaking to pay the relative sum due, and with an express request for execution even without prior acceptance.
4.2. VIE DEL MARMO avails of the right to accept or reject the proposal, or to accept it partially with respect to the quantity indicated, communicating this within 4 (four) working days from the date the order was sent, also by e-mail to be sent to the address indicated by the Purchaser at the time of registration.
4.3. Once the Purchaser confirms the Order by clicking on «Buy», the Purchaser declares that he has consciously accepted the contents and conditions of the Order in question and, in particular, these Conditions, prices, characteristics, the quantity and delivery times of the products ordered by the Purchaser.
4.4. The sale will be definitive only upon acceptance of the Order by VIE DEL MARMO, by sending an e-mail confirming receipt of the Order to the Purchaser. A second e-mail will be sent to the Purchaser when the Order is shipped. VIE DEL MARMO recommends that the Purchaser should keep the e-mails received from VIE DEL MARMO in paper or electronic form. The Purchaser is hereby informed that the aforementioned e-mails will be sent to the e-mail address entered by the Purchaser when registering on the Site and/or subsequent modification. VIE DEL MARMO will not be held responsible should an invalid e-mail address be inserted and/or for non-receipt of the order confirmation e-mail for reasons not directly attributable to VIE DEL MARMO. In this case, the sale will be considered final. However, the Purchaser may exercise the right of annulment under the conditions set out in article 9 of these Conditions.
5. PRODUCT AVAILABILITY
5.1. The quantity of products offered on the Site is unlimited.
5.2. However, the Parties acknowledge that the event may arise that a product indicated as available on the Site may not be. In this case, the Purchaser will receive an e-mail from VIE DEL MARMO in which he will be informed of the unavailability of the product and of the consequent, total or partial non-conclusion of the contract or an estimate of the times of availability and delivery.
6. TERMS FOR SHIPPING, DELIVERY AND RETURN OF THE PRODUCTS
6.1. The products ordered, the shipping fee to be paid by the Purchaser and delivery will be made to the address indicated by the Purchaser as Delivery address on the order.
6.2. The product purchased will be delivered to the Purchaser by courier.
6.3. VIE DEL MARMO makes every reasonable effort to deliver products according to the terms indicated which, however, are to be considered merely indicative and not essential, it being therefore understood that VIE DEL MARMO will not be held responsible for any delays in delivery occurring beyond the terms indicated.
6.4. Orders will be processed by VIE DELMARMO exclusively on weekdays from Monday to Friday, with the exclusion of any public holidays and/or whenever the company is closed. In any case, the maximum time for processing an accepted and/or confirmed order is indicatively determined in 20 (twenty) working days from sending order confirmation, excluding transport times to the destination. Unless otherwise indicated, delivery will be from Monday to Friday during normal business hours (from 9 a.m. to 6 p.m.), excluding holidays. The delivery of the goods and the related risk becomes the responsibility of the customer at the time of delivery on the road of the delivery address indicated in the order form at the time of signing the delivery note provided by the courier. Any visible damage to the products and/or their packaging must be communicated to the courier at the time of delivery and confirmed by e-mail to shop@viedelmarmo.com within 24 hours of delivery with relevant photos that accurately highlight the damage.
6.5. Except as specified below, as a rule, all orders to be delivered in Italy should arrive within 1-2 working days; however, for Calabria, the Italian islands and countries within the EU the estimated delivery time is 2-3 working days**from when the order leaves our office in Tuscany. If the item is available, VIE DEL MARMO undertakes to dispatch it within 4 or 5 working days. If you wish to check availability of a specific product or have more detailed information regarding times, contact the address: shop@viedelmarmo.com.
*The following dates are public holidays in Italy: 1st January, 6th January, 25th April, Easter Monday, 1st May, 2nd June, 15th August, 1st November, 8th December, 25th and 26th December.
**Except for remote or difficult-to-access areas.
6.6. Specific delivery terms for customised products
Customised made-to-measure products require additional production time, quality control, checks and customised packaging. If a single order consists of a number of products that require different production times, VIE DEL MARMO can ship the items, still at the customer’s expense, at different times, prior to giving the customer written information. Transport costs will be at the customer’s expense.
All “made-to-measure” items ordered have the following delivery procedure:
VIE DEL MARMO will send an order confirmation e-mail and arrange delivery with one of its couriers depending on the destination. Transport costs will be confirmed at the moment of online checkout and included in the total amount requested for payment.
-When the courier picks up the goods included in the order at the VIE DEL MARMO warehouse, a confirmation e-mail will be sent giving the courier’s contact details.
-The courier in charge will contact the customer to arrange delivery, which will be made at the address indicated in the order.
6.7. Specific delivery terms relative to the catalogue Once the goods have been shipped, VIE DEL MARMO will send the tracking link so that delivery can be monitored. If you wish to check the availability of a specific product or have more detailed information on the times, you can contact shop@viedelmarmo.com. If payment is not confirmed within 30 days, the order will automatically be cancelled.
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7.PRICES AND PAYMENTS
7.1. The prices published on the Site are expressed in Euros and are those in force at the time when the Purchaser sends the Order. Product prices include VAT applicable at the time of sending the Order. Product prices do not include shipping costs and any customs import taxes in the country of delivery of the products which will therefore be at the Purchaser’s expense.
7.2. Payment of the products purchased can be made exclusively by the following payment methods, better described on the Site:
-Credit cards (via PayPal) of the following circuits: Visa, Visa Electron, MasterCard, American Express, Maestro
-PayPal account
-Bank Transfer
For payments by credit card, the financial information (e.g. credit/debit card number or expiry date) will be forwarded to PayPal which, by means of an encrypted SSL certified protocol, guarantees the security of online transactions. Furthermore, this information will never be used by VIE DEL MARMO unless to complete the procedures relating to the purchase in question by the Purchaser and to issue the relative refunds in the event of any product returns, having availed of the right of annulment, or if it is necessary to prevent or report the commission of fraud on the Site to the police.
7.3. If the charge is not successful, VIE DEL MARMO will avail of the right to suspend or annul, at its discretion and at any time, the execution of an Order and/or the shipping of the products ordered.
7.4. For any case of delayed payment, VIE DEL MARMO will have the right to arrears on overdue interest equal to the legal interest rate as from the tenth working day following the date of Order or notification of the rejection of the bank payment.
8. WARRANTY
8.1. In the event of lack of conformity of a product pursuant to Article 129 of the Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the Consumer Code will apply. The Purchaser has the right to have the conformity of the goods restored, free of charge, by repair or replacement. In the event that these remedies should fail, the Purchaser has the right to an adequate reduction in price or annulment of the contract. The Purchaser loses these rights if he/she does not report the lack of conformity to VIE DEL MARMO within two months from the date on which the defect was identified. VIE DEL MARMO is responsible when the lack of conformity occurs within two years from the delivery of the product. Action to assert defects not maliciously concealed by VIE DEL MARMO is prescribed, in any case, within twenty-six months from the delivery of the product.
8.2 Warranty operations are excluded in relation to defects and/or flaws and/or non-conformities that may occur due to improper use or storage that is not in compliance with the relative instructions provided by VIE DEL MARMO or in any case is inadequate, negligent imprudent and careless, in relation to the nature and characteristics of the products.
8.3 VIE DEL MARMO reserves the right to examine the allegedly flawed and/or defective and/or non-compliant products, in order to verify the actual existence of the flaws, defects and/or non-conformities reported by the Purchaser. Under no circumstances will unauthorised returns be accepted. VIE DEL MARMO will be responsible for the transport costs of returns authorised due to damages attributable to VIE DEL MARMO or deriving from manufacturing defects. In the event of positive verification, VIE DEL MARMO, will replace the defective, damaged or non-compliant product and send it to the Purchaser as soon as possible and in any case within 30 (thirty) working days from receipt of the product. Shipping costs will be entirely at the expense of VIE DEL MARMO. Should VIE DEL MARMO be unable to replace the products within the aforementioned term, it will inform the Purchaser at the e-mail address indicated when registering on the Site and refund the Purchaser the cost of such products and shipping costs where the Purchaser provides proof of the cost incurred to return the products. Reimbursement of the price will be made by VIE DEL MARMO in the manner chosen at its discretion in the shortest time possible, and in any case within 30 (thirty) working days from the date on which the products are received. If, following examination of the returned products, VIE DEL MARMO reasonably believes that the products cannot be considered defective, damaged or non-compliant, the Purchaser will not be entitled to a refund and the products will be returned to the latter.
9. ANNULMENT
9.1. Pursuant to art. 52 of the Consumer Code, the Purchaser has the right to annul the purchase contract without penalty and with no reason, within 14 (fourteen) days of acquiring physical possession of the product ordered or, in the event of purchase of multiple products ordered by the Purchaser in one single order and delivered separately, from the acquiring physical possession of the last product purchased. The Purchaser’s right of annulment is excluded in the cases referred to in article 59 of the Consumer Code and, in particular, in the event of the purchase of clearly personalized goods or the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and were opened following delivery. 9.2. EXERCISING THE RIGHT OF ANNULMENT
To exercise the right of annulment, the Purchaser must inform VIE DEL MARMO (VIE DEL MARMO srl, Via Fiumetto 399, 55047, Querceta (LU) – tel. +39 0584 756194 – e-mail: shop@viedelmarmo.com) of the decision to annul the contract by means of a specific explicit written declaration by letter to be sent by regular mail or e-mail. It is to be understood that the return of the aforementioned products/orders must take place no later than 14 days from their delivery. VIE DEL MARMO will give written notification, prior to the collection of the sum, of any transport costs related to the return paid by the customer. In the latter case, if the customer requests VIE DEL MARMO to collect the goods, he expressly authorizes VIE DEL MARMO or the person appointed by them to charge the relative transport costs for the return by means of the same payment method used to make the purchase. The customer must ensure that the goods to be returned are properly packed in their original packaging and in a manner at least equal to that in which it was delivered. VIE DEL MARMO accepts no responsibility for goods damaged during the return transport due to inadequate packaging. VIE DEL MARMO expressly reserves the right not to accept the return of products that have been opened and/or that have been altered from the original packaging. Furthermore, VIE DEL MARMO will not accept the return of products that have been clearly customized for the Purchaser.
10. PRIVACY AND CONFIDENTIALITY
10.1. By signing the Conditions, the Purchaser declares to accept the processing of personal data as foreseen in the VIE DEL MARMO disclosure available at the following link: www.viedelmarmo.com
11. CUSTOMER SERVICE
11.1.The Purchaser can request any information via the VIE DEL MARMO help service, contacting customer service at: shop@viedelmarmo.com
12. SUSPENSION OF THE SERVICE
12.1. VIE DEL MARMO reserves the right to temporarily suspend, with no prior communication, the provision of sales services on the Site for the time strictly required or for any necessary and/or appropriate technical interventions to improve the quality of the services offered. VIE DEL MARMO will not be held responsible for any registrations cancelled on the Site that may result from the aforementioned technical interventions.
12.2. VIE DEL MARMO may, at any time, interrupt the provision of the online sales service for justified reasons of security or violation of confidentiality; should this occur, the user will be notified.
13. APPLICABLE LAW: EXTRA-JUDICIAL RESOLUTION OF DISPUTES AND COMPETENT COURT
13.1. The Conditions are governed by Italian law and in particular by Legislative Decree 6th September 2005 no.206 (Consumer Code) with specific reference to the legislation regarding distance contracts and legislative decree 9 April 2003 no.70 regarding certain aspects of e-commerce.
13.2. The Purchaser avails of the right to promote out-of-court resolution of disputes relating to consumer relations at the bodies appointed by the chambers of commerce, industry and agriculture pursuant to the law of 29th December 1993, no.580 and to resort to the mediation procedures referred to in Legislative Decree 28/2010 and subsequent amendments, according to the conditions established by the body chosen by the Purchaser who will administer the procedure. Voluntary and joint negotiation procedures in accordance with art.2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures foreseen by service cards can also be availed of.
13.3. Any dispute relating to the interpretation and validity of the Conditions and to all product sales concluded on the Site in the absence of a transaction, will be dealt with by the exclusive jurisdiction of the competent Italian courts based in the place of residence or domicile of the Purchaser, if located in the Italian territory.
14. FINAL PROVISIONS
14.1. Any invalidity or ineffectiveness of one or more clauses included in the Conditions does not affect the validity or effectiveness of the other clauses within these Conditions. When an invalid or ineffective clause of the Conditions would be valid or effective following the elimination and/or modification of certain provisions, those provisions will apply with the necessary modification/modifications to make the clause valid and productive of effects.
14.2. Should VIE DEL MARMO tolerate any breaches and/or violations by the Purchaser, this does not prevent VIE DEL MARMO from exercising the rights foreseen in the Conditions.
Via Fiumetto 399, 55047 Querceta LU, Italy.