Terms of service
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 www.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 online shop. The purchase of products is allowed exclusively to a User that:
- has read and understood the privacy policy relative to personal data processing
- has created an account or has registred as a guest in the Checkout, section "Information"
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 User can contact the Seller via e-mail and through the other contact indicated in the CONTACT US 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, Shipping and Returns, Right of Withdrawal. 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 contract shall be concluded exclusively via internet, through the access of the Customer to the www.martinavidal.com Website; making a purchase order in accordance with the procedure provided for by the same Website; payment by the Customer.
ORDER and REGISTRATION
In order to place an Order, the Customer shall select the Products on the Website as well as the relevant colour and size, add the Products to the virtual cart by selecting the "Add to Cart" button, and follow the Site instructions to fill in the electronic order form. Any request for an invoice must be made in the first step "Cart". It proceeds with the "Checkout" button.
For the compilation and the sending of the order form it is not required the registration to the Site with Account. The user can fill out the order form by following the procedure Cart > Information > Shipping > Payment. The registration to the Website, through the opening of a personal Account, allows the registered User to: manage his/her personal data and update them anytime; access all the information relative to the orders; manage adresses, billing and shipping.
Ordinary shipping costs will be estimated in the first step called "Cart". Click here for "Shipping Info".
The User is forbidden to enter data of 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 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.
Orders are subject to 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 the event of temporary unavailability of Products already ordered, the Seller will promptly inform the Customer by mail or by phone. The product may be manufactured and the Seller will communicate the time required. The Customer may decide to cancel the Order. If the purchase amount has already been charged, the Seller will proceed with the refund to the Customer.
The prices of the products are indicated on the Website and are expressed in Euro (€), VAT included.
For any changes, comment or doubt in relation to an Order, the Customer may contact the Customer Service via email info@martinavidal.com or at the CONTACT US section.
PAYMENT METHODS
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, 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 (in the first step "Cart"). No changes can be made to the invoice after its issuing.
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 address info@martinavidal.com
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, 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 via e-mail 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.
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.