Terms and conditions
CONDITIONS OF SALE
The offer and sale of products on “martabenet.com” are governed by the following General Conditions of Sale.
The products purchased on “martabenet.com” are made by Marta Benet and sold directly from the same with headquarters in Via Paolo Tosio,8 46041 Asola(MN) VAT IT10087680962
1.1) These General Conditions of Sale regulate exclusively the offer, the forwarding and the acceptance of purchase orders of products on “martabenet.com” between the users of the aforementioned sites and the Seller.
1.2) Through “martabenet.com” the Seller offers for sale the products and carries out its e-commerce activities exclusively towards its end users who are “consumers”or any natural person acting for purposes not related to his own commercial, entrepreneurial or professional activity, if any.
The Seller, therefore, reserves the right not to follow up orders from subjects other than the “consumer” or in any case to orders that do not comply with its commercial policy.
Conclusion of the contract between consumer and seller
- The consumer who intends to place an order for the purchase of one or more products on “martabenet.com”, in order to conclude the purchase contract must complete the order form in electronic format and send it to the Seller, electronically, following the relevant instructions
- The order form contains a reference to these General Conditions of Sale and the Information on the Right of Withdrawal, as well as a summary of information on the essential characteristics of each product ordered and its price (including all applicable taxes or charges), accepted means of payment and delivery of the products purchased, shipping and delivery costs, the conditions for the exercise of the right of withdrawal and the methods and times of return of the purchased products.
- Product prices may be subject to updates. The consumer must verify the final selling price before submitting the relevant order form.
- The contract is concluded when the Seller receives, electronically, the order form and makes the payment.
- Concluded the contract and received the payment, the Seller will take charge of the purchase order.
- The order form will be stored in the seller’s database for the period of time necessary for the processing of orders and in any case within the terms of the law. The consumer can view the orders made, by accessing his profile and consulting the appropriate section .
- The Seller reserves the right not to execute purchase orders that are suspect, incomplete or incorrect, that do not provide sufficient guarantees of solvency or in case of unavailability of the products. In these cases, the seller will inform the consumer by e-mail that the contract is not concluded and that the Seller has not followed up the purchase order.
- If the products presented on “martabenet.com” are no longer available or for sale at the time of last access to the site or sending the order form, it will be the Seller’s responsibility to inform the consumer of the possible unavailability of the products ordered. In case of forwarding of the order form and payment of the price, the Seller will refund the corresponding amount, without being obliged to pay any further compensation.
- If the realization of the ordered objects and/ or the safe shipment of the same is prevented by omissions and/ or errors, in the order form, attributable to the customer, and this should not respond to Marta Benet emails for “martabenet.com”the seller, after 14 days from the first email request sent by “martabenet.com”, reserves the right to cancel the order and not follow it up. If the information missing or not in accordance with the description of the product ordered, prevents the realization of the item, the seller will refund the full amount of the order. If, on the other hand, the missing information or doubtful correctness allow the realization of the objects but not their safe shipment, the seller reserves the right to withhold indefinitely, at the aforementioned office in Asola, the goods and their amount including shipping costs.
Right of withdrawal
The right of withdrawal, pursuant to art. 5 paragraph 3 DL 186/99, is not applicable to custom-made products. The right of withdrawal within 14 (14) days from the date of receipt of the goods is also valid if the goods presents manufacturing problems. The peculiarities of the object described and anticipated in its description page on “martabenet.com” are not recognized as manufacturing problems.
Communications of wrong numbers or letters , phrases to be engraved on ceramics and other wrong information by the customer will not be understood as a manufacturing defect by Marta Benet, but will be considered incorrect data provided by the customer. Marta Benet will not even make her own mistakes to be attributed to the lack of clarity of the customer or to a specific request.
Marta Benet is still available to solve any problems whenever possible.
If there are proven manufacturing defects, the customer can exercise the right of withdrawal on all goods purchased at www.martabenet.com according to the following rules:
to exercise the right of withdrawal, the customer must send a communication stating this intention, within 14 (fourteen) days from the date of receipt of the goods to the address email@example.com (including name, address and order reference number).
Upon receipt of the notice of withdrawal ” martabenet.com ” will communicate by e-mail the methods of returning the goods. In this case the shipping costs are borne by the customer.
The goods must be returned intact in all its parts and with the packaging of origin not tampered. In case of return of damaged goods the right of withdrawal cannot be exercised by the customer.
Marta Benet reserves the right to refuse unauthorized returns or otherwise not in compliance with all the conditions provided. In these cases, the goods will be returned to the sender at the original shipping address and the shipping costs will be borne by the customer.
After checking the integrity of the returned product, Marta Benet will refund the customer the full amount initially paid excluding shipping costs, within 14 days from the date of return shipment of the goods.
The customer has the possibility to request the replacement of the product, or the refund of the amount paid. In the latter case, Marta Benet undertakes to issue a card of equal value; our return policy does not provide for a cash refund.
The recipients of the gifts are entitled to a replacement of the goods but not to a refund unless requested by the person who placed the order.
Characteristics of items for sale
- On “martabenet.com” are on sale only original products and handmade in Italy by Marta Benet.
- The essential characteristics of the products on “martabenet.com” are presented in each product sheet.
- The conclusion of the purchase process implies the reading and acceptance of the product characteristics reported on “martabenet.com”.
However, the images and colors of the products offered for sale may not be exactly the same as the real ones due to the effect of the Internet browser and the monitor used.
The methods of payment of the price of the products and the related shipping and delivery costs are indicated in the order form and are an integral part of these Conditions of Sale.
- The delivery of the Product(s) will be at the hands of the Carrier, which the Seller considers most appropriate to the circumstance.
- Delivery of the(s) Product(s) will be made to the address you specified in the Order within the time limit agreed at the time of purchase, but it is not possible to guarantee an exact delivery date.
- Ownership and risks relating to Product(s) pass to you upon delivery.
- The Seller is no longer responsible for the Product(s) once the Carrier has generated a proof of delivery.
- If the Customer requests a Carrier other than the one chosen by the Seller, the Seller shall have no responsibility for the delivery, passing the ownership and risks relating to the Product(s) to the Customer at the same time as the Carrier collects the goods.
CONDITIONS OF USE
martabenet.com” is a website managed by Marta Benet, P.Iva IT10087680962.
Responsibility for the use of the site
- The access and use of “martabenet.com”, including the display of web pages, communication with the Manager (Marta Benet), the possibility of downloading product information and the purchase of these on the website, are activities conducted by the user exclusively for personal uses unrelated to any commercial, entrepreneurial and professional activity. Each user is personally responsible for the use of “martabenet.com” and its contents. The Manager will not be responsible for the use of the website and the contents by each of its users, except for intentional and gross negligence. In particular, the user will be solely responsible for the communication of incorrect information and data, false or related to third parties, without their express consent, and in consideration of incorrect use of the same.
- Any material downloaded or otherwise obtained through the use of the service is at the user’s choice and risk, Therefore, any liability for any damage to computer systems or loss of data resulting from the unloading operations falls on the user and cannot be attributed to the Manager. The Manager declines all responsibility for any damage resulting from inaccessibility to the services on the site or any damage caused by viruses, damaged files, errors, omissions, interruptions of the service, deletion of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, data alterations, failure and/or malfunction of the user’s electronic equipment.
- You are responsible for the safekeeping and proper use of your personal information, including credentials that allow you to access the reserved services, as well as any harmful consequences or damage that may result at the expense of the Manager or third parties as a result of the incorrect use, loss, subtraction of such information.
Intellectual property rights
- The contents of “martabenet.com”, so the works, images, photographs, drawings, figures, logos and any other material, in any format, published on “martabenet.com”, including menus, web pages, graphics, colors, diagrams, tools, the characters and design of the website, the diagrams, layouts, methods, processes, functions and software that are part of “martabenet.com”, are protected by the copyright and any other intellectual property rights of the Manager and other rightholders. It is forbidden the reproduction, in whole or in part, in any form, of “martabenet.com” and its contents, without the express written consent of the Manager. The Manager and, where necessary, the individual authors of the works published on “martabenet.com”, have the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of “martabenet.com” and its contents.
- The user is only authorized to view the site and its contents. It is also authorized to perform all those other temporary acts of reproduction, without proper economic importance, that are considered transient or accessories, an integral and essential part of the same visualization of “martabenet.com” and of its contents and all other browsing operations on the website that are performed only for legitimate use.
- The authors of individual works published on “martabenet.com” have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves including any act to the detriment of the works, which is detrimental to their honor or reputation.
- The user undertakes to respect the copyright of those who have chosen to publish their works on “martabenet.com” or who have collaborated with the operator to create new forms of expression and art intended to be published, also not exclusively on this website.
Trademarks and domain names
- All other distinctive signs that distinguish the products sold on “martabenet.com” on the website are registered trademarks of their respective owners and are used within “martabenet.com”, for the sole purpose of distinguishing, describe and advertise the products for sale.
- The Manager and all other registered trademark holders have the right to make exclusive use of the respective trademarks. Any use of these trademarks that does not comply with the law and, in any case, is prohibited and will be prosecuted in accordance with the law. The use of such marks and any other distinctive signs on “martabenet.com” shall in no way be permitted in order to take unfair advantage of the distinctive character or reputation of those marks or in such a way as to prejudice them and their proprietors.
Links to other websites
“martabenet.com” contains hyperlinks (c.d. “links”) to other websites. The Manager does not control or monitor such websites and their contents. The Manager cannot be held responsible for the contents of these sites and the rules adopted by them also with regard to the privacy and the processing of personal data of the user while browsing. “martabenet.com” provides links to other websites only to facilitate its users in search and navigation and to facilitate hypertext links on the Internet to other websites. The activation of the links does not entail any recommendation or report by the Operator for access to and navigation on these websites, nor any guarantee about their contents, services or goods provided by them and sold to Internet users.