1. DELIVERY AND ACCEPTANCE OF PRODUCTS
1.1. The Supplier will deliver to the Customer the Products of Order by courier and / or forwarding agents and / or its representatives at the address specified by the customer in the online order.
1.2. The Web site indicates the availability of products and the delivery time of the same, however, this information should be considered purely indicative and not binding for the Supplier.
1.3. The delivery of the Products is subjected to the related price payment by the Customer.
1.4. Marty & Nelly S.r.l. is committed to do everything in its faculties in order to meet the delivery times indicated on the Site and, in any case, to make delivery within a maximum of thirty (30) days from the day following which the Customer has forwarded the order. In case of failure to comply the Order by Marty & Nelly S.r.l, due to unavailability, even temporary, of the Product, the Supplier will provide written notice to the customer (the email address indicated by the same) and will refund any amounts already paid by the customer for the payment of the Product pursuant to the following paragraph.
1.5. If the customer has chosen the bank transfer as a method of payment the delivery time will run from the receipt of the payment by the Supplier.
1.6. The shipment of the products ordered by the customer will be done in the mode selected by the customer, among those available and indicated on the website at the time the Order. The Customer undertakes to check promptly and in the shortest period possible that the delivery includes all and only the products purchased and to inform the Supplier of any possible defect of the received products or their differences with respect to the Order made under the terms and the procedure laid down by these general sale conditions, otherwise the products shall be deemed accepted. Should packaging or the package of products ordered by the customer arrive at the destination visibly damaged, the customer is invited to refuse delivery by the carrier / freight forwarder or note a reserve on the delivery.
1.7. The tax documentation will be issued by the Company on the basis of the data entered by the customer during the execution of the Order.
1.8. If the Customer is not a Consumer and unless special exceptions established in the Order Confirmation the Products are supplied ex works. Unless otherwise agreed the goods travel on behalf and at risk of the buyer even if wide shipping is free port.
2. PRICES, SHIPPING COSTS, TAXES AND FEES
2.1. The prices of the products, any shipping costs and payment terms applied are those listed on the site at the time of the Order online.
2.2. Unless otherwise indicated, prices of the Products include VAT and do not include taxes, customs duties, shipping, insurance, installation, training to the end user, after-sales service if not quoted separately.
2.3. The Client shall pay to Marty & Nelly S.r.l. the total price, as described in the Order and in the order confirmation sent by e-mail by the Supplier to the Customer.
2.4. If the Goods to be delivered in a country outside the European Union, the total price stated in the Order and confirmed in the Order Confirmation, is net of any customs duties and any other sales tax, which the Customer hereby agrees to pay, when due, in addition to the price stated in the Order and confirmed in the Order Confirmation, in accordance with the legal provisions of the country in which the products will be delivered. The customer is requested to inquire with the relevant authorities of his own country of residence or destination of the products, in order to obtain information on any duties or taxes applied in the country of residence or destination of the Products.
2.5. Any possible additional costs, charges, tax and / or duty that a given country were to apply, in respect of each individual products ordered according to these Terms of Sale, is at exclusive charge of the Customer
2.6. The Customer declares that the lack of knowledge of the costs, charges, duties, fees and / or taxes referred to in paragraphs 7.4. and 7.5., at the time of an Order to the Supplier, shall not constitute grounds for termination of this contract and shall not in any way charge these expenses to Marty & Nelly S.r.l. ..
2.7. Prices of single products, from time to time shown on the site, cancel and replace the previous ones. The prices charged are those shown on the site at the time of the Purchase Order by the Customer and indicated in the Order Confirmation sent by the Supplier.
2.8. The reported prices on the Site are subject to variations and / or modifications by Marty & Nelly S.r.l. without any obligation to customer notice. To sales contracts closed before the publication of these changes, but still in progress, will be applied the prices in force at the time when Marty & Nelly S.r.l. received the order from the customer.
3. Right of withdrawalRight of withdrawal
The customer who has purchased as a consumer, in accordance with the Consumer Code, has the right to terminate the sales contract without penalty and without giving a reason at any time, within 14 (fourteen) days from the date of delivery of the product purchased.
To exercise the right of return, the Consumer must contact the Supplier’s Customer Service indicated on the Website in the contact form giving the details of the invoice. In case of partial withdrawal, in addition to the purchase invoice, the customer must communicate the code of / the product / s purchased it intends to return. Within 48 hours of notification to Customer Service, the Consumer must also send a registered letter, a written and signed statement containing the intention to exercise the right of withdrawal, summarizing all of the above information and requirements, to Marty & Nelly S.r.l.
The communication concerning the exercise of the right to return the goods must be sent by the consumer before the deadline of the term of 14 (fourteen) days from the date of delivery of the purchased product.
In case of exercising the right of return, the consumer is obliged to return the products for which it has exercised a right of withdrawal within 14 days, with effect from the day on which it is communicated to Marty & Nelly S.r.l. the willingness to withdraw from the contract. Products must be returned to Marty & Nelly S.r.l., at the address of the warehouse in Via Fleming, 4 – San Martino Buon Albergo 37036 (VR) Italy.
If the consumer exercises his right of withdrawal, will be refunded for payments made to the Supplier, including the cost of delivery (except for additional costs arising from the possible choice of a different type of delivery the least expensive type of standard delivery offered) without undue delay and in any event no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the consumer for the initial transaction, unless the consumer does not require a refund of different means of payment, in this case they will be charged to the consumer any additional costs arising from the different means of payment. The refund may be suspended until receipt of the goods or until the demonstration by the Consumer of having sent back the goods, whichever is earlier.
The consumer is liable for any diminished value of the goods resulting from a different handling than what is necessary to establish the nature, characteristics and functioning of the Products.
As required by art. 55 of Legislative Decree no. 206/2005 of the Consumer Code, the right of withdrawal does not apply to goods made to specifications or clearly personalized, and therefore these products can not be returned to Marty & Nelly S.r.l.
Return for defect or nonconformity
If the Consumer has received a wrong or damaged product, should contact Marty & Nelly S.r.l. by sending an email and a letter with return receipt to: Marty & Nelly S.r.l., Via Fleming, 4 – San Martino Buon Albergo 37036 (VR) Italy, with a detailed description of the defects and / or non-conformities of the product with a declaration signed by the Consumer containing the intention to exercise the right of withdrawal attaching a photographic proof.