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.
1.3 Contract of sale concluded online – applicable legislation
A contract is concluded online whereby the Customer chooses to order, purchase and pay through the Site for one or more of the products and/or services on the Site that the Customer chooses to receive directly at his or her home.
In such a contract, MarmoGranito.ch acts as the selling party.
The present general terms and conditions 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 is valid as a contractual proposal to purchase (hereinafter: “Order”), subject to confirmation or acceptance by MarmoGranito.ch as described below.
The characteristics of the products and services offered on the Site are described in the appropriate 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 the event of a negative outcome of the product availability check, MarmoGranito.ch will send the Customer an e-mail stating that the product is not available and that the Order cannot be accepted. This communication is immediately followed by the cancellation of the payment authorization or, if applicable, the full refund of any price already paid by the Customer at the time of sending the Order, according to the payment method previously used by the same Customer. MarmoGranito points out that the refund of the price may not be immediately visible by the Customer if the payment method chosen will be, for example, by credit card or Paypal; the timing of the visibility of the refund does not depend, in fact, on MarmoGranito 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 Products on offer
The purchase of products published in the “offer” section or expressly indicated as “on limited offer” (or synonyms) is subject to a daily purchase limit of only one item per Customer.
For special promotions and/or promotional operations and/or prize operations on the Site will be published from time to time the relevant regulations to which reference is made and which shall be deemed applicable as if part of these GTC.
The prices of the products presented on the Site and indicated in the data sheets of each product do not include VAT. The prices do not include any transportation costs and/or expenses for other additional services (e.g., installation, assembly, treatments, etc.) that may be requested by the Customer.
The price of the products and/or services indicated on the Site and viewable by the Customer at the time of choosing the product and/or service will be the one in effect at the time the Customer sends the Order and will correspond to the purchase price of the product.
Without prejudice to all of the foregoing, MarmoGranito.ch reserves the right to change at any time, at its sole discretion and without notice, the price of the products and/or services on the Site.
MarmoGranito.ch does not provide, therefore, any guarantee that the sale price of the products or services will remain unchanged for a certain period of time.
For the avoidance of doubt, it is specified that any change in price (whether upward or downward) will not affect Orders already placed by the Customer prior to the date on which the price change comes into effect. In any case of non-acceptance of the Order or cancellation of it MarmoGranito does not guarantee that the price of the product will remain the same in the next Order that the Customer may subsequently place.
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:
Zandobbio, via Selva 43, BG
Milano, via Giovanni Plana, 53
Ghilsalba, via Al ponte, 2, BG
Trani, via Barletta, 207
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 alternatively by:
A- Credit Card;
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 security
In the case of payments made online, the data provided by the Customer is transmitted in ways that prevent others from reading it.
The Site is certified by the company DigiCert Inc. (as per the certificate that appears by clicking on the image of the closed padlock visible in the top bar of the browser).
In addition, the application software used to manage the Site is the SSL (Secure Socket Layer) protocol to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for security in transactions.
To have a secure connection, it is recommended to use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and succ.), Mozilla Firefox (1.x and succ.), Opera, Safari or Chrome, capable of transmitting encrypted data through MarmoGranito’s server.
To know if you are in a secure connection, simply check that in the page address there is the prefix “https” instead of “http” and that the image of the padlock visible in the bottom bar of the browser is “closed”.
The Customer acknowledges and accepts what is indicated regarding the security of the payment methods, exonerating MarmoGranito.ch from any liability that may arise from problems that have occurred despite the adoption of the aforementioned security measures.
4.3 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 unloaded facing the road at the destination address selected in the order; unloading is done by hand or by tail lift in the case of very heavy products.
It is the customer’s responsibility to bring the material inside the environments of use.
At the time of delivery, if you have any doubts about the integrity of the material, sign and write “I accept with reservation” on the transport document that is delivered to you by the courier. In this way, and in case of verified damage, we can arrange for the replacement of the goods at our expense.
The goods are visibly packed and upon arrival must be checked immediately for breakage. At the time of delivery, if there is any doubt as to the integrity of the material, a signature and the words “I accept with reservation” on the transport document that is delivered by the courier is required.
It is also absolutely necessary that in case of breakages it is written on the transport document “broken goods” or “damaged goods”. In the absence of this specific wording, it will no longer be possible to obtain reimbursement for any breakage due to transportation.
In this way, and in case of verified damage, we will be able to replace the goods at our expense.
All orders placed on MarmoGranito.ch are subject to invoicing. In the case of sales with VAT-registered parties, the invoice will be sent electronically.
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 Unavailability of a product
MarmoGranito.ch undertakes to do everything possible for the satisfaction of the Customer and for a speedy and efficient processing of the Order sent through the Site.
However, in the event that the product indicated on the Site as “available” is no longer available, due to exceptional and unforeseeable events, at the time of the preparation of the order by MarmoGranito.ch, the latter will promptly notify the Customer by e-mail as set forth in Articles 2.2 and 2.3 above.
In response to such disruption, and in addition to the remedies provided by law, MarmoGranito.ch will e-mail the Customer a coupon, the value and product categories for which it is valid will be determined by MarmoGranito.ch in relation to the circumstances of the individual purchase.
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.
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.
7.1 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 remain the property of Third Party Service until they are paid in full exactly and on time.
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