GENERAL CONDITIONS OF SALE ON LINE
These conditions are valid exclusively between the company Macrì SAS di Stefano Cinque, with registered office in Via Santa Brigida, 61 – 80132 Napoli (NA), REA NA-828037, VAT number 06623141212, hereinafter referred to as “MACRÌ” and any person who makes purchases online on the website www.macrisegnicreativi.it hereinafter referred to as “CLIENT”. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern the purchases made on the site www.macrisegnicreativi.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 concerning electronic commerce.
ARTICLE 1 – OBJECT OF THE CONTRACT
With these general sales conditions, MACRÌ sells and the CUSTOMER remotely purchases the movable tangible assets indicated and offered for sale on the site www.macrisegnicreativi.it. The contract is concluded exclusively through the internet, through the CUSTOMER access to the address www.macrisegnicreativi.it and the realization of a purchase order according to the procedure foreseen by the site itself.
The customer undertakes to read these general conditions of sale before proceeding to confirm their order, in particular the pre-contractual information provided by MACRÌ and to accept them by affixing a check in the indicated box.
ARTICLE 2 – PRECONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF LEGISLATIVE DECREE 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual product data sheets at the time of the CUSTOMER’s choice.
Before validating the order with “payment obligation”, the CUSTOMER is informed about:
– total price of the goods including taxes, with details of shipping costs and any other costs;
– terms of payment;
– the deadline by which MACRÌ undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the goods purchased;
– conditions of after-sales assistance and commercial guarantees provided by MACRÌ.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take cognizance of the information relating to MACRÌ, the geographical address, telephone number, e-mail address, information that is reported, even below:
Macrì S.A.S. by Stefano Cinque
Registered office in Via Santa Brigida, 61 – 80132 Napoli (NA)
Tel. +39 081 248 1113
ARTICLE 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by MACRÌ to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the email referred to above and to promptly notify MACRÌ of any corrections / changes to be made.
MACRÌ undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the product shown on the site and the actual product may emerge. Furthermore, the
photographs of the products presented on www.macrisegnicreativi.it do not constitute a contractual element, as they are to be considered only representative.
MACRÌ undertakes to deliver the goods within 30 days from the sending by MACRÌ of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 – AVAILABILITY OF PRODUCTS
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative as:
– the products could be sold to other CUSTOMERS before the confirmation of the order, due to the simultaneous presence on the site of several users;
– an information anomaly could occur that would make a product available to the user that in reality is not.
Even after sending the e-mail confirming the order sent by MACRÌ, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the methods and timing of repayment of any amounts paid.
ARTICLE 5 – PAYMENT METHODS
Any payment by the CUSTOMER can only be made by cash on delivery, by bank transfer or by Paypal payment method.
In case of payment with Paypal, the actual charge will be made at the time of sending by MACRÌ of the order confirmation e-mail.
The communications relating to the payment and the data communicated by the CUSTOMER at the time this is carried out take place on special protected lines.
ARTICLE 6 – PRICES
All sales prices of the products indicated on the website www.macrisegnicreativi.it are expressed in Euros and include VAT.
All sales prices of the products indicated on the website www.macrisegnicreativi.it are expressed in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.
The CUSTOMER accepts the faculty of MACRÌ to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of creation of the order and indicated in the confirmation e-mail sent by MACRÌ to the CUSTOMER.
In the event of a computer, manual or technical error, or of any other nature that could result in a substantial change, not foreseen by MACRÌ, of the selling price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be
refunded within 14 days. from the day of cancellation.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days from the date of receipt of the products.
In the case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 14 days. starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify MACRÌ by means of an explicit declaration, which may be sent by registered letter to the a.r.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h) (complete and return this form only if you wish to withdraw from the contract)
Macrì S.A.S. by Stefano Cinque Via Santa Brigida, 61 – 80132 Naples (NA) Tel. +39 081 248 1113
With this I / we (*) notify / notify (*) the withdrawal from my / (*) sales contract of the following goods / services (*)
– Ordered on (*) / received on (*)
– Name of consumer (s)
– Address of the consumer (s)
– Signature of consumer (s) (only if this form is sent in paper form)
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to MACRÌ his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to Macrì S.A.S. by Stefano Cinque, at the Showroom in Via Santa Brigida, 61 – 80132 Naples (NA) Italy.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: shoulder strap, etc.) and complete with the attached tax documentation. Without prejudice to
the right to verify compliance with the above, MACRÌ will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, MACRÌ guarantees its customers the possibility of using a carrier that has an agreement with the same. In the event that the customer decides to use this service, the shipping costs (except those relating to the telephone booking) will be borne by Macrì (art. 56 co.1 legislative decree 206/2005). On the other hand, if the customer intends to use another carrier or other means of shipping, all costs will be borne by him (art. 56 co. 2 legislative decree 206/2005).
The customer is also entitled to return the product purchased online at all MACRÌ direct sales points. In this case, the creation of the online return procedure is not necessary and all costs relating to the return will be borne by the customer (eg: petrol, product disassembly etc). *
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, MACRÌ can suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates to have returned the goods to MACRÌ.
MACRÌ will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide MACRÌ, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary to make the repayment, by MACRÌ.
* It is understood that in the event of a product defect the shipping costs will in any case be borne by MACRÌ
ARTICLE 8 – LEGAL GUARANTEE OF CONFORMITY
In the event of receipt of defective products or in any case non-compliant with the orders placed, the CUSTOMER has the right to restore of the product by repairing or replacing the product without any charge. The CUSTOMER can exercise this right if the defect occurs within 15 days from the delivery of the goods and reports the defect to MACRI within 15 days of discovery. In order to exercise the aforementioned right, the customer will have to proceed to the creation of a computerized practice of Reso by accessing the “My orders” section of the “My online account” space on the website www.macrisegnicreativi.it. MACRÌ, in the event of a defective or non- compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 9 – SHIPPING COSTS
SHIPPING COSTS IN ITALY
Shipping costs within the Italian territory will be charged to the CUSTOMER. For orders in Italy with an amount less than € 150, delivery costs € 8 excluding VAT. From a value of the order of EUR 150.00 the transport is FREE.
SHIPPING EXPENSES ABROAD
Shipping costs outside the Italian territory will be charged to the CUSTOMER. The cost of shipping abroad varies according to the destination country. MACRÌ will be responsible for requesting estimates from the various available carriers (BRT, SDA, etc.) and proposing to the CUSTOMER the lowest possible cost for delivering the order to the destination chosen by the CUSTOMER.
ARTICLE 10 – DELIVERY METHODS
MACRÌ will accept orders without territorial limits. The products will be delivered by courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e- mail sent by MACRÌ.
For every order placed on the website www.macrisegnicreativi.it, MACRÌ issues an invoice for the goods shipped. The invoice is available and printable, following the execution of the order, in the “My orders” section of the “My MACRÌ account” area of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 11 – RESPONSIBILITY
MACRÌ assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12 – ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of MACRÌ and are protected by intellectual property rights.
ARTICLE 13 – COOKIES
The website www.macrisegnicreativi.it uses “cookies”. Cookies are electronic files that record information relating to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc.) and that allow MACRÌ to offer a personalized service to its customers.
MACRÌ informs the CUSTOMER of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 14 – INTEGRALITY
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulations or following a
decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of the CUSTOMER’s place of residence or domicile, if located in the territory of the Italian State.
In any case, it is possible to optionally resort to mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these terms and conditions by accessing the following site: https: // webgate.ec.europa.eu/odr