1.1 Definitions
In these general conditions of sale (hereinafter, also: “GTC”):
“MarmoGranito.ch” or “MG.it” domain owned by the company Terzi Service S.r.l, with registered office in Zandobbio, Via Selva n. 41, VAT No. and Registration with the Companies’ Register of Bergamo n. 00255070161.
“Customer” means any person, whether or not he/she has completed the registration procedure and has created a MarmoGranito account, who purchases and/or intends to purchase one or more products and/or services through the Site, whether consumer (“Consumer Customer”) or professional (“Professional Customer”), as defined by D.Leg.vo n. 206/2005.
“Site” means, the Internet site www.marmogranito.ch.
“Services”: means the offer free of charge or against payment of a price of the products and/or services on the Site.
To take advantage of the services offered on the Site by MarmoGranito.ch it is necessary to create an account by registering on the platform. The Customer is required to keep his or her account and access password confidential, as well as to control access to his or her electronic devices; he or she is also responsible for any activity carried out with his or her account.
1.2 Applicable regulations
The Customer is invited to read carefully these general conditions of sale before making reservations and/or orders through the Site. By making any reservation and/or order, the Customer implicitly and fully accepts these general conditions of sale which, therefore, shall be deemed known and accepted by the Customer in all its covenants and provisions, none excluded and/or excepted.
The contract of sale of products and services concluded through the Site is governed by these general conditions of sale as well as, insofar as applicable, by the provisions of Legislative Decree 6 December 2005 no. 206 (“Consumer Code”), Legislative Decree no. 70/2003 and the provisions of the Civil Code, to the extent not already expressly provided for here.
The present GTC apply to orders of products and/or services present on the Site, in the version published at the time of the order.
It should be noted that the offer of products and/or Services present on the Site is addressed exclusively to natural persons of legal age.
For further information you can consult the Privacy Policy of the Site.
1.3 Contract of sale concluded online – applicable legislation
A contract concluded online is a contract whereby the Customer chooses to order, purchase and pay for one or more of the products and/or services on the Site and which the Customer chooses to receive directly at his or her home address.
In such a contract MarmoGranito.it acts as the selling party.
These general terms and conditions of sale apply to the contract of sale concluded online.
2.1 Offering products and services on the Site
The presentation of products and services that can be purchased through the Site constitutes an invitation to offer and the order sent by the Customer through the Site constitutes a contractual proposal to purchase (hereinafter: ‘Order’), subject to confirmation or acceptance by MarmoGranito.it as described below.
The characteristics of the products and services offered are described in the relevant technical information sheets published on the Site at the time of the Order.
2.2 Acknowledgement of receipt of the Order and its acceptance
MarmoGranito.ch will confirm receipt of the Order immediately with an email containing the identification number assigned to the Order. This confirmation will not count as acceptance of the Order, but as a mere confirmation of acceptance of the same, except as follows.
The Customer’s Order will be considered automatically accepted by MarmoGranito.ch upon receipt of payment resulting in the conclusion of the sales contract. Subsequently, MarmoGranito.ch will proceed to process the order purchased by the Customer in the time and manner summarized in the Order acceptance e-mail and in accordance with the provisions of these GTC.
2.3 Negative outcome of the availability check
In case of a negative outcome of the product availability check, MarmoGranito.it will send the Customer an e-mail informing that the product is not available and that the Order cannot be accepted. This communication will immediately be followed by the cancellation of the payment authorisation or, if applicable, the full refund of any price already paid by the Customer at the time the Order was sent, according to the payment method previously used by the same Customer. MarmoGranito.it points out that the refund may not be immediately visible to the Customer if the payment method chosen is, for example, Credit Card, Klarna or Paypal; the time taken for the refund to become visible does not depend on MarmoGranito.it which cannot therefore be considered in default or responsible for delays in refunds attributable to the Credit Institute or Paypal.
2.4 Updates regarding the status of the Order.
Subject to updates that may be sent by MarmoGranito.ch via e-mail, the Customer can also check the status of his Order at any time in the dedicated section of the Site.
3.1 Prices
The prices of the products presented on the Site and indicated in the data sheets of each product do not include VAT. The amount of VAT and transport costs are calculated and displayed when the order is concluded on the shopping cart and checkout pages. The price of the products and/or services indicated on the Site and viewable by the Customer when choosing the product and/or service shall be the price in force at the time the Order is placed by the Customer and shall correspond to the purchase price of the product.
Notwithstanding the above, MarmoGranito.it reserves the right to change the price of products and/or services on the Site at any time, at its sole discretion and without notice.
MarmoGranito.co.uk therefore provides no guarantee that the price of products or services will remain unchanged for a certain period of time.
For the avoidance of doubt, it should be noted that any change in price (whether upwards or downwards) will not affect Orders already placed by the Customer prior to the date on which the price change came into effect. In any case of non-acceptance or cancellation of the Order, MarmoGranito.it does not guarantee that the price of the product will remain the same in the next Order that the Customer may subsequently place.
3.2 Discounts and reserved offers for Companies and Professionals
By registering on our Site, Companies and Professionals have access to discounts and reserved offers on the supply of products and materials. Membership is subject to the creation of a verified user account and acceptance of these Terms and Conditions. Discounts and offers are subject to specific limitations and conditions, as indicated from time to time on the Site or communicated directly to registered users. The Company reserves the right to modify, suspend or revoke such benefits at any time, upon notice to registered users, in accordance with applicable law.
3.3 Intrinsic characteristics of natural stone
The merchandise sold deals with natural material which, precisely because of its nature, may differ in shades and small variations not to be considered as defects but as peculiarities of the merchandise sold.
In order to help the Customer in the conscious choice of the product, we inform that all the material for sale is available to be viewed at our locations in:
Via Selva, 43 – 24060 Zandobbio (BG)
Via Giovanni Plana, 53 – 20155 Milan
Via Al Ponte, 2 – 24050 Ghisalba (BG)
3.4 Product Images
The images and photos used to accompany the product data sheets are merely indicative and may not be representative of the characteristics of the goods, as they may differ in color, size.
By placing the Order, the Customer expressly agrees to the foregoing.
4.1 Accepted payment methods
Products purchased by the Customer through the Site can be paid for in total security by:
A- Credit Card;
B- PayPal;
C – Bank Transfer;
D – Klarna.
A – Credit card
In the event that the payment method chosen is the charge to the credit card, the charge will be arranged at the expense of the Customer at the time the Order is placed. The charge will take place in any case only after obtaining authorization from the Credit Card issuer for the amount equal to the price of the product and/or service that is the subject of the Order.
At no time during the credit card payment procedure is MarmoGranito.ch able to know the information relating to the credit card, credit card number or financial, asset and personal information of the Customer. The payment order is, in fact, transmitted – through a secure connection – directly to the portal of the bank or finance company expressly indicated by the Customer.
MarmoGranito.ch, therefore, in no case is responsible, and cannot be held responsible, for any fraudulent and/or illegal use of credit cards made by third parties during the procedure of purchase and payment of products through the Site. Payments for products and/or services that will be made by third parties with fraudulent and/or illicit use of credit cards (e.g. cloning, theft, etc.) will be considered correctly executed in favor of MarmoGranito which in no case will be required to reimburse any amount in favor of the legitimate owner and/or possessor of the credit card used fraudulently and/or illicitly.
In case of anomalies or irregularities in the payment MarmoGranito.ch reserves the right to ask the Customer for additional information and / or sending copies of documents proving the ownership and / or legitimate possession of the credit card used for the purchase. If the Customer does not provide the requested data and/or documents within the reasonable period specified by MarmoGranito.ch of not less than three calendar days, MarmoGranito.ch may not accept and/or cancel the Order or terminate the contract already concluded, without this giving any right to the Customer to claim damages or to assert other claims.
B – PayPal
In the event that the payment method chosen is PayPal, the Customer is directed to the PayPal login page and the payment is handled in the manner and according to the rules governing the relationship between the Customer and PayPal itself, a relationship to which MarmoGranito is completely extraneous.
The amount for the purchase of the product is charged only when the last product/service of the Order is processed.
C – Bank transfer
In case you choose to make the payment by bank transfer, the order will be kept committed and will be processed only after we receive confirmation that the bank has credited our account.
Payment must be made within 7 days from the date of order confirmation. Beyond this deadline, the order will be automatically cancelled.
D – Klarna
In case the payment method chosen is debit through Klarna, the amount will be arranged to be paid by the Customer at the time of placing the Order. The platform allows the payment of the order in 3 installments without interest by entering debit, credit or prepaid card details. After confirmation of shipment of the order the first charge is made to the card. The rest of the charges are made automatically every 30 days until the full amount is paid off.
4.2 Payment for products booked through the Site and picked up at a point of sale
The Customer who has chosen to pick up and purchase the products booked through the Site at one of the warehouses or workshops indicated on the Site may, in addition, make the relevant payment at the pick-up point in cash.
5.1 Preparing the order
Material preparation occurs after payment is received: it is immediate in the case of payment by Credit Card, PayPal, and Klarna; it occurs within 1-2 days with payment by Bank Transfer.
We guarantee order fulfillment within 3 weeks from the date of receipt of payment.
Shipping costs include handling and packaging charges. Handling charges are fixed, while shipping charges vary depending on the total weight of the shipment and the destination address.
We recommend that you group items into a single order; in fact, it is not possible for us to combine two separate orders placed separately, so shipping charges will be charged for each.
5.2 Shipping and Delivery
The material is delivered by road to the destination address indicated in the order. Unloading is done manually or by hydraulic tailgate for particularly heavy products. It is the customer’s responsibility to transport the material within the area of use.
The goods are packed in such a way as to make any damage visible, therefore, upon delivery, the Customer shall immediately check the integrity of the products received. In the event of any doubt as to the integrity of the material, the Customer must mark the transport document provided by the courier with the words ‘I accept with reservation’. This procedure is indispensable to allow for the free replacement of the goods in the event of any damage found.
In order to guarantee the correctness of the order and facilitate the possible opening of a refund or replacement file, the Customer is also recommended to open the packaging in the presence of the courier at the time of delivery. This immediate verification is essential to detect any damage or discrepancies in the contents of the package.
In the event of obvious damage or problems with the order, the Customer must make an immediate report to the courier and record the damage on the courier’s electronic device, where available.
5.3 Billing
All orders placed on MarmoGranito.co.uk are subject to invoicing. For all sales in Italy with VAT-registered persons, the invoice will be sent electronically via the SDI (Sistema di Interscambio).
5.4 Shipping costs
An amount may be added to the price of the product and/or service purchased by the Customer through the Site by way of shipping and handling charges. This amount is calculated automatically by the MarmoGranito.ch information system having regard, among other things, to the weight and size of the products. This amount will be indicated in the Order before it is sent by the Customer.
5.5 Stocks, release and possible charges
In the event that the Customer is not present at the delivery address during the time slot agreed with the courier, the order shall be deposited at the courier’s warehouse, thus entering into a state of stock. In order to proceed with the release of the goods and organise a new delivery, the Customer will be required to pay a contribution towards the costs of the storage. These costs, including any handling and storage costs, shall be borne entirely by the Customer and must be settled before a new delivery is made. The Customer is requested to scrupulously respect the time slot agreed with the courier to avoid delays in delivery and additional costs. The Company shall not be held liable for any inconvenience caused by the Customer’s non-attendance or non-compliance with delivery agreements.
5.6 Transport times in inaccessible areas or on narrow roads and related charges
In the event that the delivery address is located in an inaccessible location, on a road that is difficult to travel or too narrow, delivery times may be significantly delayed. It will be the Company’s responsibility to keep the Customer constantly informed about the evolution of the situation and the updated estimated delivery time.
If, for reasons not attributable to the Company or the courier, it becomes necessary to reorganise delivery using non-standard methods or means, an additional fee may be charged. This amount shall be notified to the Customer in advance and shall be payable before the delivery is made. The Customer is requested to provide detailed and accurate information on the delivery address when placing the order in order to avoid delays and unforeseen additional costs.
5.7 Unavailability of a product
MarmoGranito.co.uk undertakes to do everything possible to satisfy the Customer and to process the Order sent through the Site quickly and efficiently.
However, in the event that the product indicated on the Site as ‘available’ is no longer available, due to exceptional and unforeseeable events, when MarmoGranito.it prepares the order, the latter will promptly notify the Customer by e-mail as indicated in articles 2.2 and 2.3 above.
In the event of such inefficiency, and in addition to the remedies provided by law, MarmoGranito.it may cancel the order and reverse the full amount paid.
6.1 Withdrawal from the contract concluded online
Given the nature of custom-made goods of the products sold on MarmoGranito.ch reference is made to ‘art. 59 of the Consumer Code (Legislative Decree 6 September 2005, N206). concerning the right of withdrawal for distance contracts and contracts negotiated away from business premises. This article in letter c) in fact excludes the possibility of withdrawal from the supply of goods made to measure or clearly customized.
6.2 Returns and defects
If the material is found to be defective, the report must be made within 7 days of receipt of the goods. After this time period has passed, the goods shall be considered fully accepted. Under no circumstances will complaints be accepted on material that has already been laid.
6.3 Complaints
For any request, communication or complaint regarding reservations or orders, these GTC or, in general, any contract concluded with MarmoGranito.ch through the Site, you can contact the Company at the following addresses: Terzi Service Srl in Via Selva n. 41, 24060 – Zandobbio (BG), or at [email protected].
For telephone assistance you can contact Customer Service at +39 from Monday to Friday (excluding holidays) from 8:00 to 12:00 and from 13:30 to 18:00.
7.1 Changes from MarmoGranito.ch.
At any time and at its sole discretion MarmoGranito.ch reserves the right to make changes/additions/updates to the Site to content, programs or other materials contained or available therein (including these GTCV).
Any changes/additions/updates made shall not take effect with respect to Orders properly submitted by the Customer prior to the making of changes or updates.
Any change in the rules of the Consumer Code that is mandatory shall be automatically applied to contracts concluded with the consumer Customer without prejudice, to the maximum extent possible, to the provisions of these GTC already approved by the Customer with the Order.
7.2 Changes from the Client
Any changes on the order, requested after the payment of the same, may be evaluated only if the goods have not already been produced.
It remains at the discretion of the company to consider approval of the change. In such cases an economic supplement commensurate with the feasibility and complexity of the additional processing will be evaluated. In the event that it is not possible to reuse the material already processed, it will be necessary to request full payment for the new part required.
These General Terms and Conditions of Sale and the contract concluded with the Customer are governed by Italian law.
All disputes relating to the validity, effectiveness, interpretation or execution of these GTC, the contract of sale as well as, in general, relating to navigation on the Site by the Customer or the use of any functionality made available to him on the Site, the Judicial Authority of the Court of Bergamo shall have exclusive jurisdiction.
The goods shall remain the property of Terzi Service S.r.l. until full and punctual payment is made.
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