Conditions of Sale

April 2020 Version

PREAMBLE

The following reported general terms and conditions of sale and use (hereinafter referred to as "Conditions of Sale") shall apply for the purchase of the products under the “Martina Vidal Venezia” brand on the website shop.martinavidal.com (hereinafter referred to as “Website”) by users defined as customers pursuant to law (hereinafter referred to as “Customer” or “User”).

Everyone can access the “SHOP” area from the menu of the www.martinavidal.com. The purchase of the products is allowed exclusively to a registered User that:

  1. has read and understood the Privacy Policy relative to personal data processing
  2. has created an account, as indicated following in “Registration

The products purchased on the Website are sold directly by “Merletti d’Arte Martina Snc” whose registered office is at Via San Mauro, 307 – 30142 Burano Venezia (VE), registered with the Venice Chamber of Commerce under Economic and Administrative Index no. VE-239489 in the Company Register, Italian Fiscal Code and VAT no. IT 02785160272 (hereinafter referred to as “Seller” or “Martina Vidal”) following an order (hereinafter referred to as “Order”) on the same Website by the Customer.

The Seller can be contacted through email at the following email address info@martinavidal.com   and through the other contact details indicated in the contact section

Before confirming and sending any Order through the Website, we recommend to carefully read these Conditions of Sale as well as the other legal information: Privacy Policy, Cookie Policy, Support.

The applicable Conditions of Sale are those in force at the date on which the purchase order is sent.

These Conditions may be printed or saved on a durable medium, in accordance with the provisions of article 7 and 12 of Italian Legislative Decree 70/2003 and article 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.

SUBJECT

These Conditions of Sale shall govern all the purchase contracts, of which they are integral and essential part, concluded between Martina Vidal and Customer through the Website.

The purchase of products through the Website is possible if the same products shall be delivered in the countries indicated on the Website on the “Support” page.

The contract shall be concluded exclusively via internet, through the access of the Customer to the shop.martinavidal.com website; making a purchase order (hereinafter referred to as “Order Form”) in accordance with the procedure provided for by the same Website; filling in of the registration form or access to the already registered account; confirmation of the Order by the Martina Vidal; payment by the Customer. 

REGISTRATION

To make a purchase, the User must fill in the registration form in the private area for Martina Vidal customers, entering email address, and a password.

The registration is confirmed through an email sent to the address supplied by the User. The registration to the Website is free. The registration to the Website, through the opening of a personal account (hereinafter referred to as “Account”) allows the registered User to:

  • manage his/her personal data and update them anytime
  • save and change his/her addresses
  • access all the information relative to the orders
  • access the post-sale assistance services

Each User can register to Website only one time. It is therefore forbidden to the User to create more accounts referred to the same natural or legal person, any type of companies and/or organisations, even through the use of truthful information. It is also forbidden to the User, to enter third parties, and/or false, and/or fictitious and/or fancy personal data for the Registration to the Website. In case of violation of any such prohibitions, Martina Vidal reserves the right to close all the anomalous accounts.

The registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User shall inform Martina Vidal in case of any suspect of their illegal use. The User can cancel its registration at anytime by sending an email at the following email address info@martinavidal.com

ORDER AND ACCEPTANCE

To make an Order, the Customer shall fill in an Order Form (called "Cart"), following the instructions on the  Website that will accompany the various phases of the purchase procedure: select the products on the Website; indicate the colour, size, and quantity of the products; add the products to the virtual cart; access its own personal Account previously created or create a new Account by filling in the registration form; update and/or confirm billing information and shipping address; select the payment method; select the check-out key (called "COMPLETE ORDER"); follow the final instructions received by email "Martina Vidal - Order details".

Orders can be made only by people over 18, who are not under legal disability. The Customer shall supply the information necessary for the payment, invoicing, and shipping, therefore the Customer is fully responsible for the truthfulness and accuracy of the personal data entered and supplied to Martina Vidal during the registration phase and/or on sending the Order Form. It is understood that the Seller shall not be held responsible, under any circumstances, for any damage/delay/discomfort pertaining and/or imputable to the inaccuracy and/or untruthfulness of the personal data supplied by the Customer.

With the transmission of the Order Form, the Customer accepts unconditionally and agrees to observe these Conditions of sale in its relations with Martina Vidal. Therefore, before sending the Order Form, the Customer has the obligation to read carefully all the sections dedicated to the general terms and conditions of sale.

The Orders are subject to the availability and acceptance by the Seller, who can refuse or accept the Order and refuse to execute it, in the following cases:

  • orders that do not provide sufficient solvency guarantee, or that are incomplete or incorrect
  • in case of non availability of the ordered products
  • in case of errors in the Website relative to products ordered by the Customer, for example an error relative to the price or description of the product

The prices of the products are indicated on the Website and could be subject to updates and variations. The prices of the products are expressed in Euro (€), and are VAT included.

After the sending of the Order Form by the Customer, Martina Vidal shall proceed with the registration, after having verified the correctness of the data relative to the order and payment, and will send to the Customer through email the Order Confirmation containing the essential elements of the Order Form and the final price the Customer shall pay.

The final price contained in the Order Confirmation shall include the ordinary shipping costs as well as the extraordinary ones that may change according to the kind of delivery, quantity of the products to be delivered, their volume, weight, and their destination.

The purchase contract shall terminate when the Customer executes the payment. With the payment, the Customer automatically accepts the Order Confirmation sent by Martina Vidal.

The Order Confirmation shall be stored in the databank of Martina Vidal for the time necessary for its execution and, however, in compliance with law. The registered User can access its own order via Account, consulting the dedicated section in the “My orders” area.

The languages available for the purchase contract are Italian and English.

PAYMENT METHODS

Each payment made by the Customer can be executed only through PayPal, with bank transfer or credit card. Only payments made through verified PayPal accounts shall be accepted. The goods shall be shipped once the payment has been received. In case of  purchase with bank transfer, the goods will be shipped only after the actual receiving of the payment.

The communications regarding the payment and data supplied by the Customer when payment is executed, are carried out on specific lines protected and with all the guarantees ensured by the use of the safety protocols provided for by the payment circuits.

If, for any reason, the payment of the amounts due by the Customer should not occur, the sales process is automatically annulled and the sale is cancelled.

Only on request of the Customer, to be indicated in the Order Form, Martina Vidal shall issue specific invoice that shall be sent to the Customer via e-mail or through electronic invoicing in accordance with the regulations in force.

The invoice is issued on the basis of the information supplied by the Customer only after the payment and only for the Customers that request it. No changes can be made to the invoice after its issuing.

DELIVERY

The products purchased shall be delivered to the address indicated by the Customer in the Order Form through couriers selected by Martina Vidal. The delivery costs remain at the Customer’s charge and shall be indicated separately in the Order Confirmation, together with the delivery terms and time usually necessary for the delivery of the products.

We recommend to carefully read Support – Customer Care.

With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The Client is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports. Martina Vidal is not responsible for any delays due to customs operations and checks, or to force majeure events beyond the control of Martina Vidal.

At the time of delivery, the Client shall be required to check: 

>> that the number of packages delivered corresponds to the number shown on the delivery note

>> that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping)

At delivery the signature of the Customer is necessary (hereinafter referred to as “Proof of Delivery”). Deliveries to post office boxes are not possible.

If at delivery of the products there are evident signs of tampering or alterations of the package/box, the Customer shall communicate it at the moment of delivery signing the appropriate Proof of Delivery document provided by the courier. If the problem is not communicated as indicated above, the Customer cannot retaliate against the Seller that shall not be held responsible for the non communication through signature with reserve.

OBLIGATIONS AND RESPONSIBILITIES

Martina Vidal agrees to correct any error present in the Website, as soon as possible, starting from their reporting. Said errors can be reported contacting the Customer Service through the following email addresses info@martinavidal.com or call +39 041 735523.

Martina Vidal shall not be held responsible, under any circumstances, for the non-fulfilment of any of the obligations under the contracts subject to the Conditions of sale, in the hypothesis that the non-fulfilment is caused by accident, and/or force majeure, including, for example: natural disasters, terrorist attacks, network failures, and/or blackout.

PRODUCTS AND GUARANTEE

The products included in the Website are in compliance with the national and communitarian law in force in Italy. The Website shows exclusively products sold by Merletti d’Arte Martina Snc.

The presentation of the products can be periodically updated by the Seller that, therefore, shall not guarantee their actual availability. 

The essential characteristics of the Products are listed on the Website in the description of each product. The images of the Products are provided for illustrative purpose only. Specifically, the images and colours of the Products could not correspond to the real ones because of the Internet browser and the screen used by the Customer. Therefore, the Seller shall not be held responsible, for any inadequacy of the graphic representations of the Products shown on the Website.

All the products sold on the Website are covered by the Legal Guarantee of Conformity (hereinafter referred to as “Legal Guarantee”) provided for by articles 128-135 of the Consumer Code (Dlgs. n. 206 del 6.9.2005). Legal Guarantee is reserved to the Customer. To benefit from assistance under the warranty, the Client must retain the invoice or the payment receipt, along with the delivery note.

In case of lack of conformity of products delivered to the Customer and purchased from the Website, the Customer has the right, without any additional cost, to the repairing or replacement of the products, if possible, relatively to the number of products still available and unless the repairing or replacement are not too expensive for the Seller. In alternative, the Customer has the right to the termination of the Contract or price reduction. In case of termination of the Contract, the Seller shall return the amount paid by the Customer, as well as the shipping expenses and any other additional costs.

The lack of conformity shall be notified to Martina Vidal, under penalty of invalidation of the Legal Guarantee, within 24 (twenty-four) months from the delivery date. The Customer loses the said right if he/she does not notify Martina Vidal of the lack of conformity by no later than 2 (two) months after the date he/she has discovered it.

For any communication and/or return, the Customer shall contact the Customer Service info@martinavidal.com specifying the “Order Number” in the email subject line and agreeing with Martina Vidal the shipment or delivery modalities at Atelier Martina Vidal - Via San Mauro, 307 - 30142 Burano Venice (VE) Italy.

RIGHT OF WITHDRAWAL

The Customer, pursuant to article 52 of the Consumer Code, has the right to withdraw from the Contract, without explanation and without penalty, without prejudice to what indicated following.

The Customer has the right to withdraw from the Contract within 14 days from the date of receipt of the products (hereinafter referred to as “Right of Withdrawal”). To exercise the Right of Withdrawal, the Customer, within the term indicated above, shall send to the Customer Service info@martinavidal.com an email communication. Martina Vidal shall send to the Customer a receipt confirmation email.

The Customer shall return the product to the Seller, without delay and, however, within 14 days from the date on which the communication of its withdrawal from the Contract was sent. The Customer shall agree with Martina Vidal the shipment or delivery modalities.

In case of withdrawal by the Customer in accordance with the modalities and terms indicated, Martina Vidal shall refund the Customer the sales price and the ordinary shipping costs, within 14 days from the date of receipt of the communication of withdrawal and with the same modalities used by the Customer for the payment of the product, unless otherwise agreed by the parties. It is hereby specified that insurance costs, customs costs, and those relative to a specific typology of delivery chosen by the Customer shall not be refunded.

Martina Vidal may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched.

Should the right to cancel be forfeited, Martina Vidal shall arrange to return the purchased product to the Customer, debiting the shipping costs from the same and, if already refunded, the price of the product.

The shipping costs and the risks relative to the return of the products, due to the Right of Withdrawal, shall be borne by the Customer.

The Customer shall not exercise the right of withdrawal in the following cases:

  1. use, even partial, of the product and/or washing of the same
  2. customised or bespoke products

RETURN OF THE PRODUCTS

The products shall be returned undamaged and properly packed, preferably in their original packaging, including any accessories. The Seller has the right to refuse the return or not to refund in full the amounts paid for the purchase, for those products without the relative original label or packaging, or whose essential and qualitative characteristics have been altered, or that have been damaged. In this regard, the Seller reserves the right to check the returned products in order to verify any defect or non conformity and, in case said defect or non-conformity does not exist the Seller can in turn return the products to the Customer.

Legal Guarantee and Right of Withdrawal shall not apply for all those products repaired, changed, or somehow altered by the Customer.

Legal Guarantee shall not apply also in case of any defect caused accidentally or by responsibilities of the Customer, that is, any use of the product not in compliance with its intended use and/or with the provisions of the technical documentation supplied with the product, if available, or with the provisions of the use instructions relative to the same.

INTELLECTUAL PROPERTY RIGHT

The Customer has the right to access the Website for the consultation, registration, and to make purchases. No other use of the Website or its content is allowed.

The integrity of the elements of the Website, including the texts and images in the SHOP area, and the relative technology used, shall remain the property of Merletti d’Arte Martina Snc and are protected by the intellectual property right.

Many of the photos posted on the Website in the "THE PERSON" category have credit Ph Roberto Rosa. Some of the photos representing the "319 heart Collection" were taken during the "Venice Fashion Week" Spring Edition March 2019, partner of @veneneziadavivere, location Hotel @palazzobarbarigo Venezia, credit Ph Roberto Rosa @r2photo, Ph Rossana Viola @rossviola, Ph Settimo Cannatella @seventhsoul

FINAL PROVISIONS, APPLICABLE LAW AND COMPETENT COURT

These Conditions of sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation about distance contracts and Legislative Decree 9 April 2003 No. 70 on some aspects concerning e-commerce.

Any controversy relative to these Conditions of Sale and purchase contracts concluded between Customer and Martina Vidal will be submitted to the exclusive jurisdiction of the competent court of the place where the Client is resident or, at the Client’s choice, the Italian Court of Venice.