Terms of service
GENERAL CONDITIONS OF SALE - MARCATO S.P.A.
The purpose of these general terms and conditions of sale (hereinafter, the "General Terms and Conditions") is to regulate the online purchase of products made available, through the Internet network, by the website www.marcato.it (hereinafter, the "Site") in compliance with the Italian regulations set forth in Legislative Decree no. 206/2005 as amended and supplemented (hereinafter referred to as the 'Consumer Code').
The seller of the products and owner of the Site is:
MARCATO S.P.A.
with registered office in Campodarsego (PD), via Rossignolo n. 12,
T.C./V.A.T.: 00729930289;
registration with the Business Registry of Padua no. 00729930289
REA: PD - 131486
pec certified email: marcato@pec.marcato.it
email: info@marcato.it
phone: 049 9200988
paid capital: € 2,500,000.00 f.p.
(hereinafter referred to as 'Marcato').
The consumer who accesses the Site to make purchases (hereinafter referred to as 'Customer') is obliged, before sending the order, to read these General Terms and Conditions made available on the Site carefully and which will be available for consultation by the Customer at any time, including through the content of the confirmation email of each order to allow him/her to reproduce and memorise them.
Contracts concluded with Marcato through the Site are governed by these General Terms and Conditions in accordance with Italian law. It is expressly forbidden for minors to make purchases on this site.
- Product Information and Characteristics
The information, characteristics and price (inclusive of taxes and duties) of the various products for sale on the Site (hereinafter referred to as the 'Product' or 'Products') are shown, with the relevant codes, on the page relating to each Product.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products is for the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality but may differ in colour and size. In the event of a difference between the picture and the written product sheet, the product sheet description shall always prevail.
- Instructions on how to place the order and conclusion of the contract
For the purchase of the Products placed in the shopping cart, the Customer shall fill in and send the order form in electronic format, following the instructions on the Site.
In particular, the Customer shall enter the required personal data, shipping data, select the payment method, check the order summary and, after having read the General Terms and Conditions and Privacy Policy and accepted them, confirm it by making the payment.
If any errors are made, it is possible to make changes to the data entered and to the shopping cart, until before confirmation of the order and payment. Once payment has been made, it will no longer be possible to make changes to the cart, subject to the right of withdrawal set out in these Terms and Conditions.
The contract between Marcato and the Customer shall be concluded with the confirmation of the order by Marcato. This acceptance is communicated to the Customer via e-mail confirmation of the order itself containing a reference to these General Conditions, the order number, shipping data, a list of the Products ordered with their essential characteristics and the total price, including delivery charges ("fixed contribution").
- Shipping costs
For each shipment within Italy, the shipping costs are also charged in the sales price of the products, which are indicated from time to time in the purchase procedure at the bottom of the shopping cart.
- Payment methods
The Customer may pay the price of the Products and the relevant delivery charges by credit card, PayPal or bank transfer. The circuits on which it is possible to purchase within the Site are:
Visa / Visa Electron
Mastercard
American Express
Master
Apple Pay
Google Pay
Shop Pay
Union Pay
To ensure maximum security, the customer will make the payment transaction directly on the bank's secure server.
The Site does not store the Customer's credit card number.
- Transport and Delivery methods
Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the 'Shipping Data' field.
All purchases will be delivered by express courier (hereinafter, 'Courier').
Marcato is not liable for unforeseeable delays or delays not attributable to it.
Once the Products have been dispatched, the Customer will receive an e-mail confirming dispatch, which will include a link for tracking the shipment.
In any case, except for force majeure or unforeseeable circumstances, the ordered Products shall be delivered within seven business days from the day after Marcato has confirmed the order to the Customer through an order confirmation e-mail.
- Active delivery services:
The service includes two delivery attempts at the address indicated at the time of ordering. A notice will be left with each attempt. At the second unsuccessful delivery attempt, the Customer will be contacted by Marcato to arrange delivery. If the Customer cannot be contacted or is missing, the goods will be returned to the warehouse.
- Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason whatsoever, without the need to provide explanations and without penalty, except in the cases of exclusion provided for in these terms and conditions.
In order to exercise this right, the Customer shall send Marcato a notice within 14 days from the date of receipt of the Products, or, if the Customer wishes to exercise the right of withdrawal before receiving the Products, the notice of withdrawal may be sent at any time before receiving the Products.
The Customer, in order to notify their withdrawal, may send an explicit declaration of the decision to withdraw to Marcato S.p.A. through a specific electronic form or through a filled-in form available here to be sent by registered letter with return receipt, addressed to:
Marcato S.p.A
FAO Customer Service
via Rossignolo, n. 12
35011– Campodarsego (PD)
Marcato's Customer Service will, once it has received the notification, open a file to handle the return and inform the Customer of the instructions on how to return the Products, which will be done by the courier indicated by Marcato.
The right of withdrawal is governed by the following conditions:
- The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only to part of the purchased Product.
- If the right of withdrawal is exercised, Marcato shall refund the customer the full amount of the returned goods, excluding return costs, within 14 days from the date of receipt of the notice of withdrawal, without prejudice to Marcato's right to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same payment method used by the Customer.
III. In order to guarantee the return, the Products must be returned in the same box that they were received in.
- The right of withdrawal is excluded in the following cases:
- the order of sealed Products that are not suitable for return for hygienic or health protection reasons or that have been opened after delivery.
Therefore, for reasons of hygiene and Customer protection, the right of withdrawal only applies to products purchased on the Site that can be returned to Marcato and put back on the market without endangering the health of consumers (i.e. products kept unopened and sealed after delivery, if they are packaged with sealed protective film)
In cases where the right of withdrawal is excluded, Marcato shall return the purchased Products to the Customer and charge them for the shipping costs.
The consumer shall return the goods or hand them over to a third party authorised by Marcato (courier) to receive the goods, without undue delay and in any event within fourteen days from the date on which they communicated their decision to withdraw from the contract.
- Warranty and Conformity Defects
The Customer is entitled to the product conformity warranty in the event of a defect existing at the time of delivery and appearing within two years from that time.
The right to lodge direct action for defects not fraudulently concealed by the seller in any event lapses upon twenty-six months after delivery of the goods
In the event of conformity defects in Products sold by Marcato, the Customer shall immediately contact Customer Service by filling in the specific form available here.
The Customer has the right, at their choice and provided that the type of Product allows it, to have the conformity of the Product restored, without charge, through replacement or repair (if possible), or to have an appropriate price reduction, or termination of the contract. Termination is excluded if the lack of conformity is only minor.
- Errors and limitations of liability
The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which Marcato cannot therefore be held liable, except in cases of intent or gross negligence.
Marcato reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer's rights under these General Terms and Conditions and the Consumer Code.
- Complaints
Any complaints should be forwarded to Marcato by filling in the form available here, with the subject line: "E-Commerce Complaints" and with a description of the complaint.
Marcato aims to answer all enquiries received within a maximum of 10 business days.
- Out-of-court dispute resolution
For disputes arising in connection to the validity, interpretation, execution or termination of the contract, the Customer may apply to an Alternative Dispute Resolution Body (ADR), in accordance with the conditions laid down in the Rules of that Body and the provisions of Legislative Decree no. 206/2005 (Consumer Code) in Articles 141 as amended.
It is also possible to go to an ADR via the platform set up by the European Commission On-line Dispute Resolution (so-called ODR platform); through this platform it is possible to consult the list of ADR bodies, find the link to the site of each of them and initiate an on-line dispute resolution procedure for the dispute in which the client is involved.
The right to appeal to the ordinary courts remains unaffected.
- Applicable law and jurisdiction
The sales contract between the Customer and Marcato is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of the present General Conditions or of individual purchase orders, the Court of the municipality of residence or domicile of the Consumer, if located in Italy, shall have exclusive jurisdiction; in all other cases, the Court of Padua shall have exclusive jurisdiction, any other jurisdiction being excluded.
- Provision and processing of personal data.
The personal data provided by the Customer will be processed by both electronic and paper-based means by Marcato, in compliance with the Data Protection Act (GDPR) for purposes related to the execution of the contract concluded, to carry out the corresponding tax fulfilments, and for any related communications that may be necessary.
The provision of such data is obligatory for the above-mentioned purposes, otherwise the company will be unable to execute the order correctly.
The full privacy policy can be found here.
