GENERAL CONDITIONS OF SALE
1.Terms and conditions of purchase
1.1 The acceptance of the terms and conditions here reported establishes a Contract between the Buyer and Made Murano Glass di Dei Rossi Alvise (below named as a Seller),with venue in Calle del Convento n. 5 Murano Venezia Italia, VAT number 04341700278,for buying and selling products listed on the Catalog on line of the Site www.mademuranoglass.com,in accordance with the provisions of the third part, capo 1, Consumer code D.lgs. n.206/2005,amended from D.lgs. n.21/2014 and from D.lgs. n.7/2003 in electronic commerce.
1.2 In order to receive confirmation of the displayed information, under Art.4,comma 1,of the D.lgs. 185/99,you are required to print or save on electronic media these pages, as well that related to the order.
1.3 The general conditions of sale do not set the supply of services or the sale of products from different subjects from the Seller, that are present on the site www.mademuranoglass.com with link, banner or other hyperlinks.
2.1 To order you must be eighteen years old.
2.2 To make an order it is necessary to compile the electronic CART, following the instructions that will be indicated during the execution. In the module of the order, viewed immediately before the conclusion of the purchase contract, you will learn information at a glance on: essential characteristics of the product, price including applicable fees and taxes and any expedition costs(for transport in Italy is not expected any charge).The contract is over when the seller receives on computer the order form from the buyer, after the verification of the order data. In case of viewing a wrong price, for any reason (computer bug, manual errors, technical errors…), the order will be cancelled, even in case of initial validation.
2.3 The prices shown on the WEB list are intended VAT included, where requested. For the selected products for purchase inserted in the CART, shows the unit price and total, expressed in Euro.
2.4 The offer of products Made Murano Glass di Dei Rossi Alvise it is targeted at consumer users and other users. For consumer users (Consumer/s) it means the subjects that buy products present in this Site for purposes unrelated to entrepreneurial or professional activity that they possibly carried out in accordance with d. lgs. 6 settembre 2005 n. 206 (the “Consumer Code”).At the effects of these general terms and conditions it is not considerated a consumer the one who, at the time of purchase of a product or service indicate expressly in the form reserved for the entry of personal data to belong to the category “Companies, entities, professional VAT holders”, by inserting contextually their own VAT number. Where no express reference is made at the consumer category, the provisions on the general or particular conditions are indistinctly applied at all the users that buy products and/or services through the Site(the “Customers”).
2.5 The Seller can not process for purchase orders that do not give sufficient guarantees of solvency or that they turn out incomplete or not correct in case of unavailability of products. The buyer, in these cases, will be informed that the contract is not concluded. If the products offered for sale are not available or in sell at logon at the site www.mademuranoglass.com or when the order was placed the seller will promptly advise the customer and in any case within 30 days the unavailability of the product. In event of the order and payment of the price the seller will provide to refund the amount paid from the customer and the contract will be considerated solved.
In case of errors on prices, due to informatics errors, upload of any informatics problem, Mademuranoglass, according to art. 1336 of Italian law, can refund the order and consider the intention of buying nulled.
2.7 When the contract has been concluded the seller will transmit, by e-mail, a receipt of the purchase order, containing the general conditions of sale.
2.8 The purchased product on the site www.mademuranoglass.com it is exclusively intended in the country where the buyer place the order; therefore in the hypothesis where the buyer enters the product in an other country,the buyer is responsable of the placing and he must follow the regulations and the restrictions applicable for export from the country were you purchased the product and for the import in the country were you intend to bring the product.
Therefor for non-EU countries, any customs costs are charged to the buyer at the time of customs clearance.
2.9 The images and colors of the products offered for sale could be not corresponding at the real ones for the browser computer effect and for the monitor used. The products purchased on the site www,mademuranoglass.com are all products made by glass according to the techniques acquired from glass masters of Murano. All the products are purchased from the seller at manufacturers and selected retailers for their quality. All the products in sale in the site www.mademuranoglass.com are accompanied from a tag that certifies that are products made by glass masters of Murano quality or from neighbouring territories. Made Murano Glass di Dei Rossi Alvise may modify, without any notice, the general conditions. These changes, will have effectiveness from the date of publication on the site. At the purchase order forwarded at Made Murano Glass di Dei Rossi Alvise before the publication of the above mentioned changes will be applied the general conditions in force of the conclusion of the contract of sale.
2.10 All the shipments in the countries of the European Community EU they are exempt from duties and/or customs duties. All the other countries extra-Ue can be subject to duty that can may vary by country and from the type of the imported product. It is suggested to contact the customs office of your country to know the amount. Under no circumstances will be considered the costs of any duties or customs duties possibly applied from the single countries of destination. These costs are always paid from the buyer and to be considered not calculated and excluded from any amount due to Made Murano Glass di Dei Rossi Alvise from the buyer.
3. The payment
3.1 The payment must be made exclusively in Euro. The mode of payment that are available are the following:-paypal-credit card-Bank transfer. Under no circumstances will be charge costs that are superior at the ones actually incurred from the seller, in relation at the chosen instrument.
3.2 In case of payment through credit card, the financial information will be forwarded, through an encrypted protocol, at the banks, that provides the related services of remote electronic payment, without third parties that can, in any way, have access. These informations, furthermore, will be not used from the seller except to complete the procedures relating to the purchase and to issue refunds in case of returns of the products, following the withdrawal right, or if it becomes necessary to prevent or report to the police the commission of fraud.
4.1 The seller will provide to deliver the products selected and ordered, with the manner indicated on the web site. The costs of expedition, if any, while not included in the purchase price, are indicated and calculated in the procedure of purchase before the fowarding of the order from the buyer, also contained in the summary web page of the order made.
4.2 The delivery service by courier it includes packaging, transport and insurance against theft, damage or loss, that could may occur during the trip.
4.3 The Seller guarantees the integrity of the product until the receipt of the product/s. The customer will have to see the product next the shipper. In case the customer receives a non-intact product is required to make a picture of the product, to report it at the shipper and at the Seller. The Seller in case of rupture of the product during the expedition will replace the product with the same or similar in the shortest possible time.
5. Collateral damages or compensation
5.1 Conventionally is excluded any right of the customer at a damage compensation as well as any contractual or non-contractual liability for direct or indirect damages at people and/or things arising from use or non-use of the products.
5.2 The Seller does not assume any responsibility for disruptions due to force majeure, in the event fails to execute the order within the time stipulated in the contract.
5.3 The Seller shall not be liable to the buyer, except in cases of intent or gross negligence, for poor service or malfunctions in connection with the utilization of the internet outside of self control or of their sub suppliers.
5.4 The Seller furthermore will not be responsible in case of damages, losses and costs incurred by the buyer as a result of failure to execute the terms for reasons not attributable to him, having the buyer only entitled to a refund in full of the price paid and any incidental expenses incurred.
5.5 The Seller will not be responsible of any fraudulent or illegal that could be made by third parties, of the credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to aber taken all the possible precautions, based on the best knowledge and experience of the moment and in according to all due diligence.
5.6 In no event shall the buyer can be held responsible for delays or disruption in the payment if he proves that he made the payment within the time and manner specified from the Seller.
6. Right of withdrawal
6.1 The sale of products through the internet site www.mademuranoglass.com is subject to the Legislative Decree n.185 of 22/5/1991,on the protection of consumers in respect of distance contracts, which provides the possibility for the buyer to exercise the right of withdrawal.
6.2 The right of withdrawal is applied to consumers, to natural persons acting for purposes not related to professional activities that may breakthrough. They are then excluded from the right of withdrawal, the purchases made by retailers and companies.
6.3 The consumer can, without specifying the reason, return the purchased products at the Seller within 15 days from the receipt of the merchandise. The consumer will be refunded the amounts paid, except for the expenses for the delivery and return of the goods (transport),that remain against him. Any duties or custom duties are non-refundable.
6.4 Procedures for the exercise of the right of withdrawal: within the deadline (15 days) from the date of the receipt of the merchandise, must be sent a written and signed communication of the will to exercise the right of withdrawal, by registered letter with an acknowledgement of receipt at the address of Made Murano Glass di Dei Rossi Alvise, Calle del Convento n.5, 30141 Murano Venice Italy or by Pec at the address email@example.com. In this communication must be indicated number and date of the order. Within 72 days from the receipt of the recommended Made Murano Glass di Dei Rossi Alvise will send through an e-mail a “Return Authorization” and the respective “WITHDRAWAL Code”, with which you can proceed to the refund of the material that it must be reported on the packaging and on the consignment note. The sending of such products, through courier, should have the following destination address: Made Murano Glass di Dei Rossi Alvise, Calle del Convento n. 5, 30141 Murano Venice Italy. The products must be packed carefully in order to preserve the original covers; the products should not be used, washed and they must be intact (no signs of wear, abrasions, nicks, scratches, deformation etc.);The merchandise that does not follow the indications, can may be rejected. Within 30 working days from the receipt of the products ,Made Murano Glass di Dei Rossi Alvise will provide to accredit at the customer the amount indicated on the invoice relative at the only products, then adjusted for the additional charges.
6.5 In case of damage of the product during the return transport of the object, Made Murano Glass di Dei Rossi Alvise will communicate the incident (by the fifth business day from the receipt of the product in their warehouse),to allow a timely complaint against the carrier he chose and obtain reimbursement of the value of the asset (if insured);in this case, the product will be available to return at the customer and at the same time cancelling the request for withdrawal;
Made Murano Glass di Dei Rossi Alvise will not answer for any of the damages, loss or theft of the goods returned by uninsured shipments; on arrival (in the warehouse),the product will be examined for any damage or tampering not caused by transportation.
6.6 Whatever the method of payment used, the refund, full or partial, is activated from the Seller in the shortest time possible.
6.7 The Seller will run reimbursement using the same method of payment used by the customer for the purchase of the return product, unless that the customer has expressly agreed with the Seller
to use a different mean of payment on the conditions that the buyer does not incur any further costs as a result of the reimbursement.
6.8 In case you receive a broken article, the buyer must notify within 7 days from the date of receipt of the product. After that deadline it will no longer be accepted the request for repayment/refund. The broken product receipt will have to be returned complete of all pieces, elements and accessories, accompanied by instructions/guarantees/notes/coupons and in the original packaging. If this were not so you shall be entitled to replacement, reimbursement or credit.
These conditions will be also applied in case it occurs an order error or a conformity defect of the product. We politely ask at the buyer to make a picture at least from 4 different angles of the broken product and send an e-mail with the pictures attached at the address firstname.lastname@example.org, specifying in “Breaking-customer code n…….-Order code n…….”.Indicate in the text of the mail the code of the product that you intend to return. Within 48 hours you will receive on your e-mail the code of substitution/refund of the broken product. Send within the next 48 hours the copy of the mail by Pec at the address email@example.com or by registered mail A/R at the address: Made Murano Glass di Dei Rossi Alvise, Calle del Convento n. 5, 30141 Murano Venice Italy. Return the complete package to the address indicated above.
The broken product it will be returned by sending at the buyer the same product within maximum 30 days from the receipt of the package with the returned product. If Made Murano Glass di Dei Rossi Alvise will not have more of an equal product, it will be communicated at the buyer within 5 working days from the receipt of the package with the returned product, proposing an accreditation or a refund of the same value of the broken product. Following the choice of the buyer, Made Murano Glass di Dei Rossi Alvise will provide accreditation or at the refund within 14 working days from the receipt of the merchandise and no later than 30 days from the receipt of the communication. All the expedition costs for the returning of the broken product and or any duty or custom duty costs, fully charged to the buyer.
7. Governing Law and Jurisdiction
7.1 This contract is governed by the italian law.
7.2 As long here is not expressly provided, they apply the rules of law applicable to relations and at the case in this agreement, and in particular way in the art.5 of the Rome Convention of 1980.
7.3 According to the art. 60 of D. lgs. 206/2005, it is here expressly referred to the discipline contained on the Part III, Title III, Capo I of the D. lgs. 206/2005.
-All disputes arising from this contract will be deferred to the Chamber of Commerce of Venice (Italy) and resolved in according to the Conciliation Rules of the same adopted.
-As long the parties intend top refer the matter to the ordinary judicial authorities, the place of jurisdiction is the one of the residence or of the fulfillment of the consumer, mandatory under art.33, comma 2,lett.u) of the D. lgs.206/2005.
7.4 With the signing of this contract of sale the parties agree and accept that for the solution of civil and criminal disputes since the conclusion of this contract, the local jurisdiction is exclusively the one of the Foro of Venice-Italy.
8.Modalities of the contract storage
8.1 According to the art. 12 of the D. lgs.70/03 the Seller shape the buyer that every order sent will be kept in digital or paper form on the server at the headquarters of the Seller according to the criteria of confidentiality and security.
9.1 The products sold on the site www.mademuranoglass.com are not suitable for children.
10.1 The information relating to the processing of personal data are available by accessing the menu item “Security and privacy”.
11.1 This contract repeals and replaces each agreement, understanding, negotiation, written or oral, intervened previously between the parties and concerning the object of this contract.