CONDITIONS OF SALE
ARTICLE 1 - Ownership, object and applicable legislation
1.1 Ownership
The website marikadecesare.com (hereinafter "Site") is owned by Gold Gram srl with registered office in Via Diaz, 51 80026 Casoria (NA) PI 06562431210, registered in the Business Register of Naples n. NA-823086 - and is aimed at the retail sale of products and services online.
To use the services offered, it is necessary to create an account by registering on the Site. The Customer is required to keep his account and password confidential, as well as to control access to his electronic devices; he is also responsible for any activity carried out with his own account.
1.2 Subject
These general conditions of sale govern the sale of products and services on the Site in the version published at the time of the order.
These General Conditions of Sale together with the conditions regarding payment and shipping methods, form an integral part of the sales contract concluded between the Customer and Marika De Cesare.
Marika De Cesare does not sell products to minors, who can proceed with the purchase of products only by involving a parent or guardian; the Customer assumes all responsibility resulting from any untrue information in this regard.
Marika De Cesare invites the Customer to carefully read these General Conditions of Sale before proceeding with any purchase, to print them or in any case to keep a copy.
By making any purchase according to the methods provided on the Site, in the "Customer Support" section, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale, payment and delivery.
1.3 Applicable law
The contract for the sale of products and services concluded through the Site is governed by these general conditions of sale as well as, as applicable, by the provisions of Legislative Decree 6 December 2005 n. 206 ("Consumer Code"), Of Legislative Decree 9 April 2003 n. 70 on electronic commerce and the Civil Code, although not expressly provided for here.
These general conditions of sale are valid for orders for products and / or services on the Site, in the version published at the time of the order.
ARTICLE 2 - PURCHASE METHOD AND CONCLUSION OF THE SALES CONTRACT
2.1 Offer of products and services on the Site
The presentation of products and services that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site is valid as a contractual purchase proposal (hereinafter: "Order"), Subject to confirmation or acceptance by Marika De Cesare as described below.
The characteristics of the products and services offered on the Site are described in the specific technical information sheets published on the Site at the time of the Order. Marika De Cesare points out that the technical data sheets may sometimes contain errors as provided for in paragraph 3.2 below. The Customer is invited to read these cards which are considered accepted in the event of the Order being issued, paying particular attention to the availability of the product of interest and its characteristics, evaluating its relevance and essentiality for the purpose of choosing the product and the Order. Indeed, some products may not always or immediately be available, although present on the Site, and some products may be available in different colors or with different characteristics. For this reason, the information sheet of each product indicates whether the selected product is:
- "available": It means that the product is physically present in the warehouse, except in cases where, due to exceptional and unforeseeable events, the product is unsaleable because it is missing or damaged at the time of withdrawal from the warehouse and there are no other identical products that can be delivered.
The Customer can then proceed immediately with the purchase of the product, by sending the Order, according to the methods indicated on the Site.
- "can be ordered after checking availability": It means that the product is not physically present in the main warehouse, but Marika De Cesare reserves the right to check its availability in other warehouses.
In the latter case, the Customer can still send the Order, but the same will be accepted only in the event of a positive outcome of the product availability check as better described below.
Marika De Cesare undertakes to carry out this verification within 3 (three) Business Days starting from the receipt of the Order with the effects set forth below.
- "not available": In this case the product cannot be ordered by the customer and, if he so wishes, he can leave his e-mail address to be notified if the product will be available again;
2.2 Purchase order and relative acceptance
When the purchase order is made, the Customer has the possibility to choose the Payment and Delivery Method he prefers. The Customer's purchase order will therefore be considered as a contractual purchase proposal addressed to Marika De Cesare for the products listed, each considered individually. Upon receipt of the purchase order, Marika De Cesare will automatically send an email confirming that the order has been taken over ("Acceptance of the Order"). The Acceptance of the Order does not constitute acceptance of the Customer's purchase proposal. By sending the Order Acceptance, Marika De Cesare only confirms that she has received the order and has subjected it to a process of checking the data, availability of the products requested by the Customer and payment according to the method chosen by the Customer. The Customer undertakes to verify the correctness of the data present in the e-mail confirming the Acceptance of the Order and to promptly report any system errors to Marika De Cesare.
The order confirmation e-mail contains the following data:
- Order number and date
- Product (s), quantity, price
- Payment type chosen
- Cost of Transportation
- Total order amount
2.3 Conclusion of the sales contract
In the case of "available", The Customer's Order will be considered automatically accepted by Marika De Cesare once the e-mail confirming receipt of the Order is sent to the Customer which will therefore also be valid as acceptance of the Customer's purchase proposal referred to to the Order with consequent conclusion of the sales contract. Following the aforementioned confirmation e-mail, Marika De Cesare will proceed with the shipment of the product purchased by the Customer in the times and in the manner summarized in the Order acceptance e-mail and on the basis of what is indicated in these general conditions of sale.
In the case of product / s "can be ordered after checking availability"), In the 3 Working Days following the receipt of the Order Marika De Cesare will send the Customer a second e-mail (different and subsequent to the one confirming receipt of the Order) communicating the outcome of the verification of availability of the product object of the 'Order:
- Successful: In the event of a positive outcome of the product availability check, Marika De Cesare will send the Customer an e-mail communicating that the product is available. Only at this point will the Order be considered accepted and the contract concluded.
- Negative result: In the event of a negative outcome of the product availability check, Marika De Cesare will send the Customer an e-mail with which she will communicate that the product is not available and that the Order cannot be accepted. This communication is immediately followed by the cancellation of the payment authorization or, if necessary, the full refund of any price already paid by the Customer at the time of sending the Order, according to the payment method previously used by the same Customer. . The repayment visibility times do not depend on Marika De Cesare, who cannot therefore be considered in default or responsible for delays in refunds attributable to the credit institution or Paypal.
In the event that the Order concerns both products "available"What products"can be ordered after checking availability" (below "Mixed Order"), The entire Mixed Order will be treated as an Order relating to products" orderable after checking availability ". Therefore, no contract can be said to be concluded with the Customer, not even with reference to the products "available”Until the entire Order is accepted by Marika De Cesare.
- Mixed Order Failure: in the case of a Mixed Order, Marika De Cesare will send the Customer an e-mail with which she will inform him of the negative outcome of the availability check and his right to choose whether to proceed with the purchase of only the product available or to cancel the whole Mixed Order. In the absence of instructions from the Customer within the term of 3 days from the date of Marika De Cesare's communication, the entire Mixed Order will be canceled and, at the same time, the full refund of any price already paid by the Customer at the time. of the dispatch of the Order, according to the payment method used previously by the same Customer The repayment visibility times do not depend on Marika De Cesare, who cannot therefore be considered in default or responsible for delays in refunds attributable to the credit institution or Paypal ..
Marika De Cesare, due to the nature of the internet, cannot guarantee uninterrupted access and the absence of errors in the transmission of services. Furthermore, access to the Site and / or the services offered by Marika De Cesare may occasionally be suspended or limited to allow for repairs, maintenance or the introduction of new products or services. Marika De Cesare will attempt to limit the frequency and duration of such suspensions and / or limitations.
Until the moment in which the Order Confirmation email is sent, Marika De Cesare will not be responsible for any delay or non-fulfillment (including the cancellation of the taking charge of the order) to the obligations provided for in these General Conditions of Sale and in the Methods of Payment and Delivery, if the delay or non-fulfillment derives from unforeseeable circumstances or due to force majeure. This provision does not affect the Customer's rights provided for by law and in particular the Customer's right to receive the purchased products within a reasonable time or to be reimbursed in the event of non-delivery due to circumstances deriving from unforeseeable circumstances or due to force majeure. .
2.4 Updates on the status of the Order
In addition to the updates that may be sent by Marika De Cesare by e-mail, the Customer can check the status of his Order at any time also in the dedicated section of the Site.
ARTICLE 3 - PRICES AND CHARACTERISTICS OF THE PRODUCTS
3.1 Prices
The prices of the products presented on the Site and indicated in the technical data sheets of each product include VAT.
The price of the products and / or services indicated on the Site and viewable by the Customer at the time of choosing the product and / or service will be the one in force at the time the Order is sent by the Customer and will correspond to the purchase price. of the product.
Without prejudice to all the foregoing, Marika De Cesare reserves the right to change at any time, at its sole discretion and without notice, the price of the products and / or services on the Site.
Marika De Cesare therefore does not provide any guarantee as to the fact that the selling price of the products or services will remain unchanged for a certain period of time.
For the avoidance of doubt, it should be noted that any price change (both up and down) will not affect Orders already placed by the Customer prior to the effective date of the price change. In any case of non-acceptance of the Order or cancellation of it, Marika De Cesare does not guarantee that the price of the product will remain the same in the subsequent Order that the Customer may subsequently carry out.
If, due to misunderstandings or other inconveniences attributable to the operation of the computer systems, a price different from the actual one is indicated by mistake ("Obstruction error"), Marika De Cesare will contact the Customer to check whether he still wishes to purchase the product at the correct price , as, otherwise, the order cannot be processed.
3.2 Description of the Products
Each technical data sheet of the products presented on the Site, containing the description of its functions and characteristics (size, color, equipment, etc.), is drawn up by the manufacturer of the goods themselves and / or by third parties specialized in the preparation of the product data sheets.
Marika De Cesare, therefore, has no responsibility for any errors and / or inaccuracies in the technical data sheets, nor for any defects in correspondence between the description of the product and the actual functions and characteristics of the same.
The images and photos used to accompany the product data sheets are purely indicative and may not be perfectly representative of the characteristics of the goods, as they may differ in color, size or accessories.
By submitting the Order, the Customer expressly accepts the foregoing.
ARTICLE 4 - PAYMENT
In relation to the accepted payment methods and the security of payments, please refer to the appropriate section on the Site "Methods of payment" (insert link)
ARTICLE 5 - DELIVERY OF PURCHASED PRODUCTS
In relation to the shipping methods, times and costs, please refer to the appropriate section on the Site "Shipping methods" (insert links, it will reflect those of the chosen shipping provider)
ARTICLE 6 - WARRANTY
In accordance with the legislation in force, the warranty regime on products sold by Marika De Cesare changes according to whether the buyer is a consumer customer or a professional customer: in the first case, the legal guarantee of conformity (hereinafter, "Legal Guarantee") Pursuant to the Consumer Code; in the second, the guarantee for defects in the thing sold governed by the Civil Code.
6.1 Professional Client
The product purchased by the professional customer (i.e. a natural or legal person acting in the exercise of his business, commercial, craft or professional activity, or an intermediary of his) is covered by the guarantee for defects in the thing sold pursuant to articles 1490 and ss. of the Civil Code.
The action of the professional Customer aimed at enforcing this guarantee expires after 1 year from the delivery of the purchased product and the relative defects must be reported within the terms set out in art. 1495 of the Civil Code.
6.2 Consumer Customer
The product purchased by the consumer customer is covered by the legal guarantee for consumer goods as governed by articles 128 and ss. of the Consumer Code and, although not expressly provided for therein, by articles 1490 and ss. of the Civil Code on the sales contract.
The Legal Guarantee applies and works at the seller's expense in the event that the product presents defects of conformity, provided that these defects occur within 24 months from the date of delivery of the goods to the Customer and reported by the latter within 2 months from the date of discovery of defects, in accordance with art. 132 of the Consumer Code.
There is a lack of conformity when the product: (i) is not suitable for the use to which it must normally be used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of an asset of the same type; (iv) it is not suitable for the particular use desired by the consumer if brought to the attention of the seller at the time of purchase and accepted by the seller.
6.3 Remedies available to the Consumer Customer
Pursuant to art. 130 of the Consumer Code, in the presence of a lack of conformity, the Customer may request the repair of the product or its replacement at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other according to the provisions of art. . 130 paragraph 4 of the Consumer Code.
In particular, one of the two remedies is to be considered excessively burdensome if it imposes unreasonable expenses on the seller compared to the other, taking into account: (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) of the possibility that the alternative remedy can be carried out without significant inconvenience for the Customer.
In order to make the after-sales service of a high level and absolutely transparent, Marika De Cesare undertakes, on a voluntary basis, to have the defective product repaired or replaced within a maximum period of 40 (forty) days from the request. warranty service.
The Customer can also request an appropriate price reduction or termination of the contract at his choice, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Marika De Cesare has not repaired or replaced the product within the term of 40 (forty) days from the request for assistance under warranty; (iii) the replacement or repair previously carried out has caused significant inconvenience to the Customer.
Upon receipt of the complaint of the lack of conformity and provided that the reported defect exists and is technically ascertained, Marika De Cesare can offer the Customer any other remedies available with the following effects: (i) if the Customer has already requested a specific remedy Marika De Cesare remains obliged to implement it with the necessary consequences in relation to the expiry of the aforementioned 40-day term, unless the Client accepts the proposed alternative remedy; (ii) if the Customer has not already requested a specific remedy, he can accept the proposal or reject it by choosing another of the remedies provided by law.
In any case, the minor lack of conformity for which it is not possible or excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
6.4 Cases of exclusion of the Legal Guarantee
In accordance with the provisions of the Consumer Code and the applicable Civil Code, the Legal Guarantee is excluded if one of the following hypotheses occurs: (i) the product has been repaired, tampered with, delivered for a technical examination or altered by persons other than the manufacturer, by Marika De Cesare or any other authorized person (eg technical assistance centers not authorized by the manufacturer); (ii) the alleged lack of conformity of the product occurred after 2 years from the delivery of the product itself and / or the related request for repair or replacement of the defective product has been sent after 2 months from the discovery of the defect; (iii) the alleged defect is due (in whole or in part) to bad and / or improper use / conservation / maintenance or installation - of the Customer or of persons other than the manufacturer, Marika De Cesare or any other authorized person - / or is due to non-compliance with the instructions provided by the manufacturer and present for example in the product user manual or other instructions provided by Marika De Cesare together with the products delivered; (iv) at the time of conclusion of the contract, the Customer is aware of the defect and could not ignore it with ordinary diligence; (v) the lack of conformity derives from instructions or materials provided by the Customer.
6.5 How to activate the Legal Guarantee
The Legal Guarantee must be asserted directly against Marika De Cesare with the following means: (i) by telephone, by contacting Customer Service at +39 081 19714709; (ii) by e-mail, by writing to the address info@marikadecesare.com; (iii) online, by filling in the appropriate form available on the Site. The staff will provide the Customer with all the necessary information regarding the conditions and procedures for the use of the Legal Guarantee.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Sales of products via the Internet are governed by articles 45 to 67 of Legislative Decree 206/2005 (Consumer Code). This legislation provides in favor of the consumer the right to withdraw from contracts or contractual proposals, guaranteeing him the right to return the purchased product and to obtain reimbursement of the expenses incurred.
The Customer is responsible for the decrease in the value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the products, i.e .:
- In the absence of the original packaging.
- In the absence of integral elements of the product (accessories, cables, instruction manuals, etc.)
The right of withdrawal is reserved exclusively for consumers (natural persons who purchase goods not for purposes related to their professional, commercial or entrepreneurial activity), therefore it cannot be exercised by legal persons and by natural persons acting for purposes related to the activity professionally carried out.
The costs of returning the product are charged to the customer.
7.1 Right of reconsideration
Pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the Contract within 14 (fourteen) days from receipt of the product at his address without any penalty and without having to provide any reasons.
In the case of separate delivery of several products, ordered by the Consumer Customer with a single Order, the term of 14 (fourteen) days for exercising the right of withdrawal starts from the day on which the last good is delivered.
The costs of returning the product are charged to the customer.
7.2 Procedures and times for exercising the right of withdrawal
The Consumer Customer can communicate the desire to withdraw from the contract by filling in and sending the standard form compliant with Part I of Legislative Decree 21/2014, available on the Site in the section customer service, or by submitting any explicit declaration to this effect in one of the following ways:
- online, by filling in the withdrawal form on the Site in the customer care section
- or by email or by registered letter with acknowledgment of receipt to the addresses referred to in art. 9 below.
Marika De Cesare will confirm to the Customer - via e-mail to the e-mail address communicated during the purchase procedure on the Site - the receipt of the declaration of withdrawal exercised by providing the instructions to proceed with the return of the product / s.
The Customer has a period of 14 (fourteen) days to withdraw.
7.3 Exclusion of the right of withdrawal
In compliance with the provisions of art. 59 of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal in the cases referred to in the same article 59.
7.4 Obligations of the consumer in case of withdrawal
Within 14 days from the day on which the Consumer Customer has communicated the will to withdraw from the contract, the product for which the right of withdrawal is exercised must be returned by sending it to the following address: Gold Gram srl, Strada Stat. Sannitica Km. 9, 36 Front P.co Commercial "I Pini" 80021 Afragola (NA). The costs for the return will be borne by the Consumer Customer, under the conditions and terms set out in art. 57, co. 1, of the Consumer Code.
The returned product must be in a normal state of conservation and substantially intact, must be in its original packaging, complete with all accessories and any manuals, without any lack. The Consumer Customer will only be liable for the decrease in value resulting from handling other than "normal" and necessary to verify the nature, characteristics and functioning of the product. The Customer will also be liable in the event of the return of a product that is different in type, model, brand and nature.
7.5 Seller's obligations in case of withdrawal
Within 14 days of receipt of the returned products, and after verifying the state and identity of the same, Marika De Cesare will refund the entire price paid by the Consumer Customer using the same payment method used for the purchase, compatibly with the times of re-credit applied by the payment circuit used by the Customer when ordering the product and without any responsibility for any delays in the refund attributable to the payment circuit used by the Customer.
ARTICLE 8 - MODIFICATIONS
At any time and at its sole discretion Marika De Cesare reserves the right to make changes / additions / updates to the content, programs or other materials contained or available on the Site (including these general conditions of sale)
Any modification / integration / update made has no effect with reference to the Orders correctly sent by the Customer before making changes or updates.
Any change in the rules of the Consumer Code that is mandatory will be automatically applied to contracts concluded with the consumer Customer without prejudice, to the maximum extent possible, to the provisions of these GCS already approved by the Customer with the Order.
ARTICLE 9 - COMMUNICATIONS, CONTACTS AND COMPLAINTS
For any request, communication or complaint relating to reservations or Orders, these general conditions of sale or, in general, any contract concluded with Marika De Cesare through the Site, you can contact the Company at the following addresses: Goldgram srl Strada Stat. Sannitica Km. 9, 36 Front P.co Commercial "I Pini" 80021 Afragola (NA) Tel 081 19976009 or at the address customercare@marikadecesare.com.
For telephone assistance it is possible to contact Customer Service at +39 081 19714709 from Monday to Sunday (excluding holidays) from 9:00 to 20:00.
ARTICLE 10 - DISPUTES AND JURISDICTION
For the resolution of any civil disputes arising from the interpretation, execution and termination of this distance sales contract, if the Customer is a consumer (ie a natural person who purchases the products not for purposes related to his professional activity) the territorial jurisdiction mandatory is the judge of the place of residence or domicile of the consumer himself, if located in Italy (Article 63 of Legislative Decree 205/2006).
These general conditions of sale and the contract concluded with the professional customer are governed by Italian law.
All disputes relating to the validity, effectiveness, interpretation or execution of these general conditions of sale, the sales contract as well as, in general, relating to navigation on the Site by the Customer or the use of any functionality made available to him on the Site , the Judicial Authority of the Naples Court has exclusive jurisdiction.
With these General Conditions of Sale, the Customer is informed that, pursuant to EU Regulation no. 524/2013 and of Legislative Decree 6 August 2015 n. 130, the European Commission established an online platform for the resolution of ODR disputes ("online dispute resolution") deriving from the online purchase of goods, accessible via the following link: ec.europa.eu/consumers/odr/
Marika De Cesare does not adhere to any ADR body referred to in Articles 141-bis and ss. of the Consumer Code.
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