Terms and Conditions
Right of Withdrawal
According to art. 64 and the subsequent Legislative Decree no. 206/2005 and the Legislative Decree dated February 21st, 2004, if the customer is a consumer (defined to be a person purchasing the goods for purposes that are not related to his/her professional activity, that is without providing a VAT number), he/she shall be entitled to withdraw from the purchase contract for any reasons without incurring penalties, within fourteen working days from the delivery of the goods, except in cases indicated below. The right of withdrawal can be exercised within the period specified above (14 days) by sending a written communication communication to the registered office of Designmarcato S.r.l. di Marcato Andrea & C. – Via I. Nievo 22-24, Camposampiero – 35012 (PD) Italy, or by a registered letter along with an acknowledgment of receipt, preceded by fax of e-mail.
The registered letter is considered to have been sent in time if it has been received by the post office by the deadline specified above.
The customer is responsible for any reduction in the value of the goods resulting from use that is not considered to be suitable with regard to their nature, characteristics or function. In such cases, the total amount reimbursed will reflect the fall in the product’s value. The packaging constitutes an integral part of the value.
If the customer exercises his/her right of withdrawal, he/she will have to return the item to Designmarcato S.r.l. but only after having received the proper authorization for the return by e-mail or fax. This communication shall contain all the necessary information for facilitating the return of the goods, including the address to which they must be returned.
The Right of Withdrawal cannot be exercised in cases of customised or clearly personalised products.
In exercising their right of withdrawal, the customer will be liable for only the return delivery costs. If the right of withdrawal is exercised by the customer in compliance with the dispositions of this attachment, Designmarcato S.r.l. will reimburse the total amount already paid, including the trasport costs paid by the customer during the order, except for service charges the customer may incur (costs of telephone notice, delivery to a specific floor of an apartment building etc) and all costs that exceed the standard delivery procedure.
Once it has been verified that the returned goods are in perfect condition, or a new value for the goods has been calculated resulting from misuse by the customer, thereimbursement will be completed free of charge using the same method adopted by the customer when completing the order, within 14 days from the day on which Designmarcato S.r.l. was informed of the decision by the customer to exercise his/her right of withdrawal, providing the goods have been returned and received.
The customer is responsible for the conditions of the goods until they have been received by Designmarcato S.r.l. Therefore, the customer is advised to take out an insurance policy for the return of the items, in order to provide against any possible damage to the goods that may occur during transit.
Transport costs, including any insurance, are to be covered by the customer.
Full version of Legislative Decree dated February 21st, 2014 no. 21 implementing the Consumer right Directive 2011/83/EU.
General Conditions of Sale
SCOPE OF APPLICATION
The conditions of sale have been drafted in compliance with the current rules for consumers’ safeguards (Legislative Decree dated 06.09.2005 no. 206 “Consumer Code”, and with reference to Title II “Contract Conditions”, Chapter II “Specific terms for the conclusion of the contract”, Section II “Distance contracts”; Legislative Decree dated 09.04.2003 no. 70 “Implementation of the Directive (EC) no. 31/2000 on Electronic Commerce”; Legislative Decree dated 31.03.1998 no. 114 “Reform of the Commerce policy”), which regulate all purchase contracts concerning the products listed in the online catalogue of this website and concluded according to the terms set out below.
The customer declares that he/she has read all the terms and conditions of sale prior to completing the purchase and delivery, and that he/she fully and unconditionally accepts these General Conditions of Sale, as well as the General Conditions of Access and Use of the website.
These general conditions may be modified by the owner of the website without any notification.
Each contract will be regulated by the General Conditions of Sale in vigour when the customer completes his/her order.
The contract is fully concluded online via the Web.
IDENTITY OF THE VENDOR
TheVendor of the products that are listed in the online catalogue of this website is: Designmarcato S.r.l. , registered office in Italy – Via I. Nievo 22-24, Camposampiero – 35012 PD (Partita IVA e Codice Fiscale: 01913920284).
CONCLUSION OF THE PURCHASE CONTRACT
In order to complete a purchase order, the User must register as a customer on this website and follow the purchase procedure provided.
The purchase of the requested items will be completed by using the following procedure:
In order to complete the order, it is necessary for the customer to send to Designmarcato S.r.l. an order form detailing the item(s) required. By sending the purchase order the customer implies consent (according to art. 10 of Legislative Decree no. 185/1999) to receive the following communications listed below, which are aimed at concluding and executing the purchase contract. The customer has 24 hours, from the online completion of the order, to communicate directly to Designmarcato S.r.l. the cancellation of the order, by calling the number +39 049.5790169xxx or sending an email to info@designmarcato.com. In any event, Designmarcato S.r.l. will verify the availability of the requested items in the warehouse, as well as the validity of the purchase order, and will send an e-mail stating whether or not the order can be accepted.
If the Order is accepted, Designmarcato S.r.l. will deliver the requested items by a designated express courier to the address indicated. The payment will be made by the customer via our online system chosen at the time of purchase.
The purchase contract between Designmarcato S.r.l. and the customer may be considered as concluded only when the former has accepted, even partially, the customer’s order. The acceptance is communicated by an e-mail sent to the e-mail address given by the customer.
The confirmation message will indicate the date and the hour of the order, and a “Customer Order Number” will be issued, to be used by the customer when communicating with Designmarcato S.r.l. The message summarizes all data given by the customer. The customer further commits himself/herself to verify its accuracy and to promptly communicate any possible modification to the data.
When the online purchase procedure has been concluded, the Customer can print or save an electronic version of the order and the related confirmation message, as well as the General Conditions of Sale in vigour.
For each completed order, Designmarcato S.r.l. generates an invoice for the sold items, which will be transmitted, either during delivery of the goods or via e-mail, to the address as given by the customer during the registration process. The invoice contains the information as given by the customer during the order procedure. After it has been generated the invoice cannot be changed.
SUBJECT OF THE CONTRACT AND ONLINE CATALOGUE
The General Conditions of Sale concern the products listed in the online catalogue of this website.
The customer can purchase only the products listed and available in this catalogue when completing the order.
Designmarcato S.r.l. has the right to modify the catalogue without prior notification.
Designmarcato S.r.l. is committed to fullfilling orders as soon as possible. If, for any reason, the expected time exceeds the maximum limit reported on the page “Deliveries”, Designmarcato S.r.l. will inform the customer, who can, if they wish, cancel the order. If the customer decides to do so, there will be no penalties, and if they have already paid for the item(s) ordered they will receive an immediate refund for the total amount already paid. All available products are described in detail (quality, characteristics, price) in the online catalogue on the website.
The technical page(s) for each product features its retail price according to art no. 1336 of the Consumer Code, inclusive of VAT and all other taxes. Further and any additional costs incurred (delivery costs, transactions and/or insurance) will be displayed in total before the order is fulfilled, and they will be at the customer’s expense. Costs may change according to the total amount of the Order and payment system used. All prices quoted on the web pages and sales documents are expressed in Euros (€). Pictures of the products used on the website are descriptive and are the copyrighted property of their respective owners.
The picture that correspond to the product is for description purposes only and may not reflect the true characteristics of the item, differing in some aspects such as colour, dimensions and the accessories included. The colour of the item may, in fact, be the result of a difference in the quality of the customer’s computer screen or because the computer has a different configuration.
Furthermore, since all articles are handmade, it is not possible to guarantee that the product received by the customer will perfectly match the product as shown in the picture.
Different hues, that can be seen on the customer’s computer screen, cannot be considered as manufacturing faults. In order to reduce the margin for error, Designmarcato S.r.l. has produced a wide range of colours that can be selected by the customer on the “Accessories” section of the website.
Some materials and/or article accessories may be modified or substituted with similar ones by the manufacturer if there are valid reasons such as product unavailability, compliance or increased safety standards.
Measurements given in the description accompanying each piece of furniture refer to the maximum possible dimensions and may differ from the actual measurements. It is recommended that customers contact us in order to obtain the accurate measurements.
Each product is handmade (manufactured) and finished (polished), using skilled artisans.
Characteristics, such as colour and finishing, can therefore differ from the article shown in the pictures. Customers purchasing the products are obliged to declare that he or she is aware of this fact (which represents added value to the product and is certainly not considered to be a flaw).
In most cases, the paint used on our furniture is water based and therefore environmentally friendly. It is therefore necessary to clean the furniture using specific natural products (such as beeswax), and avoiding products using chemicals and abrasives. We recommend that you avoid placing wet or hot objects on the furniture for any prolonged period of time, since they could cause permanent stains to its surface.
Possible abnormalities, malfunctions or visible manufacturing defects must be reported within 8 days, following the receipt of the goods.
In cases where the customer is exercising his or her right of withdrawal or wishes to return items that are under warranty, the product must be returned in its original packaging, as it constitutes an integral part of the item’s value.
All official communications concerning the purchase will be sent to the e-mail address given by the customer during the registration process on our website. Failure to read and/or to follow the instructions communicated in the e-mails, and that consequently leads to damage of the products cannot be construed as being the responsibility of, nor charged to Designmarcato S.r.l..
Disposal of material used for packaging is the responsibility of the customer, who commits to perform this task in compliance with the regulations in his/her locality. In cases of damaged goods, customers are required to accept the delivery but with reservation, detailing the damage. It is necessary to keep the packaging until the items have been collected.
Customers completing the order online implicitly accept the above conditions.
PAYMENT ACCEPTED
Bank transfer: if the customer chooses this method of payment, all the necessary data to complete the transaction can be found on the website. The customer also has the possibility to send a fax to 049.9301880 or an e-mail to info@designmarcato.com com with a copy of the payment receipt or the Transaction Reference Number to speed up the transaction process.
Credit Card: it is possible to pay by credit card (Visa, Mastercard, Maestro) using the secure payment method certified by Carta Si. After selecting the items you wish to purchase you will automatically be directed to the verified webpages of Carta Si, where you will be able to complete the transaction by entering your credit card details.
PayPal: it is possible to pay using this method without extra charges.
Cash on delivery: payment by cash on delivery is possible upon request. You will have to pay the transport fees in advance (in case you don’t collect the product and it has to be sent back to the warehouse). This amount will, however, be deducted from the total cost of the order and you will only have to pay the difference to the courier when you receive the goods. The minimum charge for delivery is €15.00 (up to a maximum of €60.00). In cases where the furniture is not collected, the transport costs will not be refunded and will be invoiced. This method of payment is not included in the online purchase procedure. Customers who want to use it must complete their order by telephone or by a purchase order.
Delivery of the goods to the customer: responsibility.
The transport of the goods is at the risk of the purchaser. The delivery takes place in a “free port vendor warehouse”. However, it is understood that if the purchaser (consumer) contests damage to the product when it is delivered, the risk is at the expense of the vendor who will be responsible for any damage reported at the time of delivery, as recorded by the consumer on the delivery note.
Goods sold by Designmarcato S.r.l, with or without packaging, can cause damage to people or property when not handled with care.
The delivery of the goods is managed by an independent company. If any damage to people or property occurs while in the process of being delivered to the house of the customer, the costs cannot be charged to Designmarcato S.r.l. Even in circumstances in which delivery is to an agreed floor or porterage services have been arranged, Designmarcato S.r.l. will not be responsible for damages incurred during these operations. These services are to be seen as part of the delivery process. Each complaint or appeal in cases of damage to people or property must be addressed to the company charged with the transport of the goods. Designmarcato S.r.l. is excluded from any responsibility in such matters.
Moreover, Designmarcato S.r.l. is not responsible for fulfilling delivery requests on specified days or at particular times, this being the responsibility of the courier. Designmarcato S.r.l. communicates specific delivery request to the transport company but they cannot ensure that these requests will actually be met by the courier. The transport company has branches all over Italy, each one having an independent organisational system of which Designmarcato S.r.l does not, and cannot, possess full details. Therefore, it is possible that, in some areas or provinces, delivery cannot be performed on some days or at certain times during the day.
Deliveries on Saturdays are normally not provided. This possibility depends on the organization of each branch of the courier. Some exceptions can be made, however this possibility must be verified and arranged directly between the customer and the branch in charge of the delivery.
Disclaimer for customised furniture or personalised products.
The customer is aware that by choosing personalised products he or she will be responsible for making sure that his or her instructions have been clearly understood by the manufacturing company.
Designmarcato S.r.l. will not be held responsible for a failure or a misunderstanding to implement the instructions as given by the customer.
The customer should be aware that the right of withdrawal cannot be exercised in cases of customised items or products manufactured according to his or her instructions.
All disputes shall be referred to the exclusive jurisdiction of the Court of Padua.
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