MARTINELLI LUCE S.P.A.’S GENERAL TERMS FOR THE ON LINE SALE:
- (Subject). With these general terms for the on line sale (“Terms”), Martinelli Luce S.p.A., P. VAT number 00230590465, with its registered office in Via Teresa Bandettini, 55100 Lucca (“Martinelli Luce”) sets the rules for its trade relationships with its customers as provided by automated transactions (“Buyer”). As for all that is not provided by these Terms, we refer to (i) the descriptions and indications published on line (for the good characteristics, its price, its delivery terms, its payment terms etc.); (ii) to the
Instructions to the site use (for the site functioning, surfers’ obligations, Martinelli Luce’s rights); and (iii) to the
- (Definitions). All the expressions capitalized by agreement, (whether it is a singular or plural noun) shall have the following meaning:
- Parties: Martinelli Luce and the Buyer;
- Transaction: any operation executed in an automated manner that implies the arising of any obligation for the Parties;
- Product: the good object of the Transaction. Unless otherwise indicated, the Product does not include expendable items, such as by way of example bulbs. Whenever the Product should not be available, Martinelli Luce will inform the Buyer and, depending on the Buyer’s choice, will provide to give the enventually received amount back or will provide any Product for the equivalent type and price;
- Technical Standards: technical and processing requirements concerning hardware equipments and software programmes defined from time to time by Martinelli Luce;
- Site: web site reachable at the URL: http://www.martinelliluce-outlet.it;
- Contract: sale agreement for one or more Products signed in an automated manner between the Parties and as provided by these Terms. The Contract is deemed as entered where Martinelli Luce has its own registered office;
- Buyer: a consumer, an Italian or UE one, who enters the Contract without, however, aiming at marketing the bought products. The party concerned in the purchase who does not fall within the Buyer’s profile can directly contact the Martinelli Luce trade staff (email@example.com) to ask for a customized estimate;
- Price: the amount to be paid as a consideration for the purchase of the Product. The Price indicated among the specific data of the Product has always to be considered as inclusive of VAT that will be counted depending on the applied percentage under the Buyer’s legal and tax status and the former will have to notify it and to enter it in the site during the transaction, before the conclusion of the Contract.
- (Invitation to be sent out). All the information concerning Products on the Site represents a simple invitation to be offered or to be suggested (depending on what provided by article 14, paragraph 2 of the 1980 Vienna Convention on personal property international sale) and as such they cannot be considered as binding for Martinelli Luce unless as provided by these Terms.
- (Contract Completion). The Parties agree that the Conclusion of Contracts occurs as it follows:
- (Order). Buyer can make an order complying with the following procedures:
- choosing the Product and clicking on the “purchase” button;
- check the order and selction of the payment and freight terms paying a special attention to the destination field (concerning the Buyer’s fiscal system);
- filling up the fields concerning the Buyer for the invoicing and the freight of the items;
- display of the order summary completed with all the Buyer’s details, with the payment and freight terms;
- payment of the Price (together with the shipping and freight charges set forth in the order summary), following the instructions that will be displayed on line, depending on the selected procedure: (credit card or bank transfer: IBAN IT48X0103013700000000669611 - SWIFT PASCITMMLUC);
- automated dispatch to the Buyer’s address of the order by pressing the active button that confirms the page reporting the order summary;
- (Conclusion of the Contract. Applicability). The Contract is considered as concluded when Martinelli Luce receives the order. Nevertheless, Martinelli Luce will have no obbligation untill the corresponding Price is not credited (together with the shipping and freight charges) before and no later than five business days as of the conclusion of the Contract subject to the penalty of its cancellation;
- (Delivery Terms). The Parties agree to consider the delivery terms, eventually indicated on the Site, as non essential to the Contract completion purposes since they shall be deemed as a mere indication. Shipping will be carried out through
SDA express carrier (or other shipping agent chosen by Martinelli Luce). The products shall be sent to the adress specified by the Buyer in the Registration. The shipping cost includes evenutal charges for packaging. Freight charges shall be an exclusive charge for the Buyer and shall be specified before the Contract conclusion.
- (Martinelli Luce’s discretion). Martinelli Luce reserves the right, on its firm and discretional opinion, to stop on a temporary basis or to hamper forever the use of the Site for that Buyer who does not provide with enough warranties of reliability and respect of the Terms, that is to say who has been defaulting for them and/or for other contract terms eventually applicable or who, however, had used or is about to use the Site illegally and/or in mala fide. In assessing the above mentioned measures, Martinelli Luce will apply a good faith and reasonableness criterion.
- (Fiscal and Administrative Fulfilments). All the duties, the taxes, the charges, the licenses, the authorizations, the permits and any and all fiscal and administrative fulfilment the Product import depends on shall be deemed as exclusive charge for the Buyer that is to say covered by Martinelli Luce under the Buyer’s exclusive responsibility and at his/her risk and cost.
- (Warranty). Martinelli Luce gurantees the quality of its Products for a period of twenty-four months from the delivery, expect for use tolerances and excluding those defects that may occur because of the transportation, of a wrong installation or use or because of an inadequate conservation, care or repair of the Products. Within twenty-six months as of the delivery, under penanlty of forfeiture, any claim concerning a non compliance of the Products shall be sent to Martinelli Luce, by registered letter with a form for acknowledgment of receipt or by fax to the number +39.0583.419003 or by e-mail (firstname.lastname@example.org), absolutely within two months from having discovered that.
- (Withdrawal). The Buyer is entitled to exercice his/her right of withdrawal from the Contract in accordance with what the Italian Consumption Code (Legislative Decree 206/2005), articles 64 and the following, provides. In particular, this right shall be exerciced by sending a communication by registered letter with a form for acknowledgment of receipt to Martinelli Luce’s main office that is indicated on the Site, by sending early an e-mail to the adress
email@example.com within ten business days from the delivery of the Product. The Product, the essential integrity of the good to be given back is an essential condition to exercice the right of withdrawal, shall be given back to Martinelli Luce within thirty business days from the delivery. The Buyer is totally charged of the restitution fees for the Product.
INSTRUCTIONS TO USE THE MARTINELLI LUCE S.P.A. SITE:
- (Introduction). With these instructions for the use of the site (“Instructions”) Martinelli Luce S.p.A., P. VAT number 00230590465, with its registered office in Via Teresa Bandettini, 55100 Lucca (“Martinelli Luce”) sets the rules to surf on its internet site reachable from URL http://www.martinelliluce-outlet.it (the “Site”), where a platform is available for the e-trade mainly to consumers for the sales of items by Martinelli Luce.
- (Definitions). The surfing on the Site is ruled by these Instructions, while sale contracts are ruled by the General Terms of On line Purchase and by the personal data processing procedures as the Privacy page indicates.
- (Use of the Site). MARTINELLI LUCE does not ensure the continuous and non-stop access to the Site that can be subject to several factors non depending from its control. For example, THE ACCESS TO THE SITE (INCLUDING THE AREA RESERVED TO ON LINE PURCHASES) COULD BE SUSPENDED AND INTERRUPTED (ON A PERMANENT BASIS TOO) BY MARTINELLI LUCE TO ITS PERSONAL DISCRETION, FOR EXAMPLE, FOR ANY TECHNICAL REASON, BY PURE CHANCE OR OWING TO CIRCUMSTANCES BEYOND ITS CONTROL, BECAUSE OF THE INFRINGEMENT OF SURFER’S OBLIGATIONS MENTIONED IN THESE TERMS, WITHOUT THE SURFER COULD CLAIM WHATSOEVER FROM MARTINELLI LUCE.
- (Obligations). The surfer undertakes to have access and to use the Site fully respecting the mandatory civil, criminal and administrative rules of the Italian national code provided, for example, by the regulation concerning the personal data protection (Legislative Decree 196/2003, and following changes and supplements), the industrial property (Legislative Decree 30/2005 and following changes and supplements), the copyright (Royal Decree 633/1941 and following changes and supplements), the e-trade (Legislative Decree 70/2003, and following changes and supplements) and finally by the regulation aiming at hampering computer crimes (cybercrimes). In particular, but not limited to,
THE SURFER UNDERTAKES A) NOT TO USE THE SITE FOR ILLEGAL PURPOSES THAT IS TO SAY CONTRARY TO LAW AND ORDER, TO ACCEPTED PRINCIPLES OF MORALITY AND TO MORALITY; B) NOT TO USE THE SITE IN ORDER TO BROADCAST OR TO DISSEMINATE ANYWAY ILLEGAL, ILLICIT, PORNOGRAPHIC, RACIST AND UNAUTHORIZED MATERIAL WITH REGARD TO THE SITE PURPOSES, AND/OR MATERIAL THAT IS HOWEVER OBSCENE, COARSE AND DEFAMATORY; C) NOT TO BROADCAST MATERIAL AND/OR MESSAGES ENCOURAGING THIRD PARTY TO BEHAVE IN AN ILLICIT AND/OR CRIMINAL MANNER SUBJECT TO CRIMINAL OR CIVIL LIABILITY;; d) not to convey advertisings and/or commercials that is to say not to implement a «spam», activities, chain letters nor any other illicit and/or contrary form of communication opposing itself to the netiquette provisions; e) not to taint the network or the computer system that allows the providing of Services with virus, malaware or other harmful programmes that can interfere, damage, monitor, eliminate goods and/or personal data or information, nor to use any kind of peer to peer programme or having the same purposes; f) not to carry out actions arising an unreasonable charge or to an excessive computer load on the Site system;
- (Payments). Any liability related to payments executed by optional systems on the Site (credit cards, etc.) is exclusively assignable to agents and/or institutes, broadcasters or those who anyway manage the service.
- (Link). Martinelli Luce, although it checks, on a regular basis, the content of the web pages linked to the Site or reachable from advertising banners (and/or from other advertising spaces) that eventually exist on the Site, cannot take any laibility concerning their contents. As far as links from pages outside the Site are concerned, except for a written consent by Martinelli Luce, links to the Site home page are the only ones to be authorised.
- (Advertising spaces). Martinelli Luce reserves the right to sell or to market advertising spaces on the Site to third party, by any way, on its firm opinion.
- (Malware). Despite the regular check of the Site, Martinelli Luce cannot ensure that it is free from virus or from other potentially harmful programmes. Before having access to the network and to carry out any operation, such as, in particular, downloading documents and software, the surfer and the User have always to adopt the most updated protection measures.
- (Intellectual and Industrial Property). Brands and distinguishing marks existing on the Site are protected by the exclusive rights Martinelli Luce owns. Except for contrary indications, the copyright on creations and/or processing of the Site (programming, graphics, drawings, layout, texts, database, etc.) are legal ownership of Martinelli Luce. The surfer acknowledges that brands and distinguishing marks, the contents, the information, the programmes and the databases put on the Site as well as any and all technical, ideational and creative solutions (graphic layouts included) provided and/or implemented by Martinelli Luce inside its Site are its exclusive ownership and can be employed to make use of the Services only. However, any other use is expressly forbidden for the surfers, including, for example, the reproduction, the sale, the change, the distribution, the broadcasting, the re-publication also partially of the contents, of the information, of the databases available on the Site as well as its technical, ideational and creative solutions Martinelli Luce implemented on it.