A) PRODUCT DELIVERY

1. GENERAL RULES

This version refers only to sales made to Consumers with their domicile or their residence in Italy. The geographic delivery area corresponds to the geographical coverage area of the offer.

Deliveries are carried out from Monday to Friday, during only the working days, excluding Italian holidays. Orders received from Monday to Friday, excluding Italian holidays, will be processed on the same day or next business day. Orders instead, received on Saturday or Sunday, will be processed on the following Monday or Tuesday.

The Products ordered are delivered to the address indicated by the Buyer as a delivery address. MartiniSPA ships throughout the Italian territory, and is excluded any other country in this regard.

The shipments in Italy are free for all Orders from € 50.00 of expenditure! For Orders below this amount, the shipping costs are € 5.90. Once the User has entered the shipping address, he will still be able to view the amount before completing the payment.

Any delivery charges and shipments to the ZIP codes of difficult reach, involve an extra cost, which will be displayed directly on the Order Confirmation before proceeding to the final payment phase.
The delivery, if not specified as an ancillary condition, means the road plan. Hard-to-reach ZIP Code locations shipments (by way of example: Minor Islands, Venice, Livigno and Campione d’Italia) involve variations in the indicated transport rates, which will be displayed directly on the Order Confirmation before proceeding to the final payment phase. The tax documents relating to the Order (e.g. the invoice, if requested) are sent by email to the Buyer at the electronic address specified during the Order or linked to the account on the Website.
MartiniSPA is therefore obliged to deliver the Products to the address communicated by the Customer in the purchase Order, by means of the carrier responsible for the transport of the goods. Delivery is made by couriers selected by MartiniSPA; please take note that mailboxes are not considered valid addresses for the delivery. MartiniSPA cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase Order by the Customer. MartiniSPA shall not be liable for any damage to the Products which may have occurred after delivery to the carrier responsible for the transport of the goods, and for delays in delivery to the latter attributable.

2. PRODUCT SHIPPING PROCEDURE

The delivery to the Recipient of the Order provides for the signature for acceptance on the proof of delivery that the carrier will store with registration on the PDA and the relative name of the person who withdraws. In this sense, the digitized signature is actual proof of delivery and cannot be contested. It is not possible to raise any dispute relating to the shipment itself if the parcel has been delivered. To this end, as mentioned above, the carrier’s computer system is authentic. Upon delivery, the Customer must verify the content, conformity and status of the Product (or Products). In case of delays, failures, total or partial losses or other problems, it is Customer’s right to appeal the carrier without the liability of MartiniSPA being ever taken into account. Therefore, upon delivery, MartiniSPA recommends to the Customer, before signing the receipt document, to verify the status of the delivered Products. If anomalies are detected, the Customer must refuse the delivery of the Products or put in writing their own, detailed and dated reserves. Such reserves shall be confirmed to MartiniSPA by registered letter with return receipt in the three (3) working days following the delivery of the Products. Otherwise the Recipient must, in any case, in any situation where the Order has not been delivered under optimal conditions, i.e. the Products purchased received in the correct quantities and without any problems of conformity or damage, contact Customer Service in the time and manner described in the General Conditions of Sale. In particular, by contacting the Customer Service, the latter will do as best as possible to resolve the problems occurring, within the limits of what is already indicated in the General Conditions of Sale, and explaining to the Recipient of the Order the modalities to proceed and, if where possible, alternatives of choice to proceed.

In case of absence of the Recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer and will return on the working day after the date of the first attempt to deliver. In case of absence of the Recipient even on the second attempt to deliver, the Products will be returned to MartiniSPA which reserves the right to reimburse the price of the Products, however deducted the shipping costs incurred for the return transport and the administrative management, preventively quantifiable in € 10.00, and which will be at the Customer’s sole expense.

3. DEFECTS, NON CONFORMITY AND PRODUCT DAMAGE

In reference to the provisions of the Consumer Code, pursuant to article 129 et seq., where there are cases of defects in conformity of the Products purchased, the Buyer will be entitled to a guarantee concerning on one side the restoration of conformity of the Product, without any expense, on the other side the replacement of the Product (art. 130 and 132 of the Consumer Code). In the event that these faculties fail, it will be possible to apply a price reduction or finally, it will be possible to terminate the contract. The Buyer shall be obliged to complain of the non-conformity of the purchased good(s) within the period of two (2) months from the date of receipt of the Order; after this period, the Buyer loses all rights. It is specified that a defect of minor conformity for which the remedy for repair/replacement cannot be assessed, does not entitle the contract to be terminated. However, we invite the Recipient of the Order to check the status of the parcel and the Products at the same time as the Order is received. If anomalies occur in relation to the parcel received (open, damaged or otherwise) or to the Products themselves (in addition, damaged or defective), the Buyer or the Recipient of the Order shall be obliged to return MartiniSPA the Products, as below detailed procedures in the General Conditions of Sale.

In case the User does not comply with the indicated modalities, MartiniSPA and the carrier are automatically excluded from any appeal, including the right to refund the Order and the return of the Products. The Recipient of the Order shall, in any case, in any situation where the Order has not been delivered under optimal conditions, i.e. the Products purchased/received in the correct quantities and without any problems of conformity or damage, contact Customer Service in the time and manner described in the General Conditions of Sale.

In particular, by contacting Customer Service, the latter will do as best as possible to resolve the problems occurring, within the limits of what is already indicated in the General Conditions of Sale, and explaining to the Recipient of the Order the modalities to proceed and, if and where possible, alternatives of choice to proceed. The Recipient of the Order, in case of return, must follow the detailed arrangements from the Customer Service, otherwise any claim for reimbursement or substitution of the affected Products will fall automatically.

Procedures to be followed in case of visible damage to the parcel for return to MartiniSPA.

If, at the time of delivery, the Recipient of the Order suspects a possible case of tampering or damage to the parcel, it must refuse the parcel itself or accept it with reserve, by communicating it contextually, in a clear and detailed manner, to the carrier’s appointee. If the Recipient refuses the parcel or, after accepting it with reserve, there are problems of damage or tampering, the Recipient will have to report with detail and promptly the situation to Customer Service, in the time and manner described in the General Conditions of Sale.

Procedures must be followed in case of defective products, damaged or in quantities other than those purchased.

The Buyer or the Recipient of the Order, if there is a case of defective products, damaged or missing, must promptly report the situation to Customer Service, in the time and in the manner described in the General Conditions of Sale. The Customer Service, with the sole purpose of helping the Buyer or the Recipient of the Order in the resolution of the problem verified, may request information regarding the identity of the Buyer or the Recipient of the Order by proceeding with any verification that may be considered useful. Identified the situation and found a resolving modality, the Customer Service will indicate to the Buyer or Recipient of the Order the procedure that the latter must follow for the return of the products concerned.

Once the Products have been received, MartiniSPA will verify that these Products are actually defective, damaged or mismatched with the description provided on the Website. Where such verification is positive, in accordance with the provisions of art. 130 and following of the Consumer Code, MartiniSPA will replace the defective, damaged or non-compliant Product and send it to the Buyer in the shortest possible time and in any case within thirty (30) working days from receipt of the Products. Shipping costs will be fully charged to MartiniSPA. In the event that MartiniSPA is unable to replace the Products within the aforementioned period, MartiniSPA will immediately notify the Buyer to the email address indicated at the time of registration or Order, and refund the Buyer the cost of these Products and the shipping, where the Buyer provides proof of the cost claimed to return the Products in question. The refund of the price will be made by MartiniSPA with the modalities chosen at its discretion in the shortest possible time, and in any case within 30 (thirty) working days from the date on which it will receive the Products.

If, after examining the returned Products, MartiniSPA reasonably believes that the Products cannot be considered defective, damaged or not in conformity with the description on the Website, the Buyer will not be entitled to reimbursement and the Products will be returned to his address at his own expense.

All MartiniSPA Products –Il Coccio are the result of a craftsmanship and therefore can be subject to chromatic variations. The shades of the Products may vary between a lot and the other, but also within the same production lot, and this depending on the fact that the Products are made of raw materials for which it is usual and habitual a variation of tonality; any colour differences are therefore not to be considered defects but peculiarities and characteristics of the Products themselves. The degree of sanding and any other processing of the material may not be identical between the different objects, even within the same production lot. They may occur between Products of the same colour and/or different objects/codes, any differences in thickness, surface machining (sanding) and tonality. The images and photographs present on catalogues, price lists, advertising materials and web, have the sole purpose of providing an orientation view of the Product. The colours and workmanship of the materials represented must be considered as general and approximate indications of the Product and not binding in relation to the Product(s) delivered.

In the additional case where the Buyer receives more product quantities than those purchased and/or Products not purchased, the Buyer must contact Customer Service, in the time and in the manner described in the General Conditions of Sale. The Customer Service will arrange, in agreement with the Buyer, a passage by MartiniSPA’s carrier for the recovery of the Products concerned. In this case, the return costs are fully charged to MartiniSPA.

4. SHIPPING TIMES AND COSTS

Shipping costs are free of charge throughout Italy from minimum Orders of € 50.00. For Orders below this amount, the shipping costs are € 5.90. Hard-to-reach ZIP Code locations shipments will involve an extra cost (shown below), which is automatically displayed on the Order confirmation before proceeding to the final payment phase.

MINOR ISLANDS and VENICE: Supplement of € 22.00
LIVIGNO and CAMPIONE d’ITALIA: Supplement of € 69.00

In addition to the above-mentioned costs, if required, the following delivery charges may also apply:

TELEPHONE NOTICE: € 3.00
DELIVERY TO THE FLOOR – CITY: € 10.00
DELIVERY TO THE FLOOR – OUT OF TOWN: € 10.00

MartiniSPA reserves the right to change these costs without notice to the Buyer, even, as an example, in the event of a reduction or zeroing of the same for promotional reasons. In any case, the costs charged at the time of the Order will not be changed for the Order itself and become effective from the date of modification, as well as made known to the Customer during the finalization of the Order.

B) RECESS

1. LAW AND TIME LIMITS FOR THE WITHDRAWAL EXERCISE

Pursuant to article 52 of the Italian Consumer Code and without prejudice to the exclusions referred to article 59 of the same code (see in particular the assumption of the purchase of clearly customized goods or the supply of sealed goods which are not suitable for returned for hygienic reasons or related to health protection and which have been opened after delivery), the Buyer may, within fourteen (14) days of the acquisition of the physical possession of the parcel containing the ordered goods or, in the case of purchase of multiple goods ordered by the Buyer in one Order and delivered separately, from the acquisition of the physical possession of the last asset purchased, withdraw from the contract of purchase without penalty and without any reason. It makes full proof of receipt the date shown on the proof of delivery. As foreseen by Legislative Decree 6/9/2005 No. 206 and art. 55 of the Consumer Code and as mentioned above briefly, the right of withdrawal regulated by the General Conditions of Sale does not apply to custom-made or clearly customized goods or that, by their nature may not be returned or are likely to deteriorate or change rapidly. In any case, the provisions provided for by the General Conditions of Sale remain in the event of defects in conformity or damage to Products.

If the Product has already been delivered, the Customer is obliged to return it to MartiniSPA. To this end:

the deadline for returning the Product is fourteen (14) days from the notice of withdrawal (in the case of reshipment by the Customer, the Customer must provide proof of shipment). For the purpose of expiry of the term, the Product shall be deemed to be returned at the time when it is delivered to the Post Office and/or accepting courier;
where the Product is delivered, the substantial integrity of the Product to be returned is an essential condition for exercising the right of withdrawal. The Customer must ship the Product properly packaged and packed; MartiniSPA does not accept damaged Products, but kept in normal state of preservation and with the use of normal diligence. Products damaged by detergents/additives, or Products damaged by the Customer for impairment, will not be replaced or reimbursed. The Customer must insert inside the box/packing envelope copy of the received delivery document and appropriate RETURN FORM and WITHDRAWAL FORM TYPE. The risks of transport for the Products return are fully charged to the Customer;
with reference to the return costs, these will be the exclusive responsibility of the Buyer or the Recipient of the Order, as provided by art. 57 of the Consumer Code. If the Customer exercises the right of withdrawal in accordance with the provisions of the General Conditions of Sale, MartiniSPA will reimburse the sums paid by the Customer on the same means of payment used by the Customer for the original transaction (credit card or Paypal account), unless otherwise indicated by the Customer. The refund will be made free of charge within the period of fourteen (14) days from the date on which MartiniSPA has become aware of the exercise of the right of withdrawal by the Customer, without prejudice to the right of MartiniSPA to withhold the refund until the goods has not been returned or until the Buyer has shown that it has sent back the object of the Order (depending on the timing of occurrence of one or the other situation).

2. PROCEDURE FOR EXERCISING THE WITHDRAWAL RIGHT

If the right of withdrawal is exercised, the Buyer or the Recipient of the Order must return the Products to the address specified below. The Buyer or the Recipient of the Order, agreeing with the Customer Service in this regard, may decide whether to return the Products to MartiniSPA using a courier of their own preference or Poste Italiane. The return costs will be entirely borne by the Buyer and/or the Recipient of the Order (art. 57 of the Consumer Code), without prejudice to the case where the withdrawal is due to the delivery of defective, non-compliant, damaged or missing Products, in which case MartiniSPA will refund to the Buyer and/or Recipient of the Order any shipping costs incurred. In any case, the Recipient of the Order will be responsible for the dispatch of the Products concerned with a service that allows the traceability and confirmation of delivery to the destination. However, it is strictly necessary that the Buyer does not act autonomously before having agreed with the Customer Service, but have to contact it in the time and manner described in the General Conditions of Sale. In the event that it is MartiniSPA to organise the withdrawal through its organized carriers, the shipping costs related to the return transport and the administrative management, charged to the Buyer and/or Recipient of the Order, are in advance calculated at an amount of € 9.90 (throughout Italy, except for the hard-to-reach ZIP Code that involve supplements in the indicated transport rates). In order to exercise the right of withdrawal, the Products must be returned to MartiniSPA in their substantial integrity, with their original packaging, accessories, instructions for use and anything else provided, and in any case not opened or discarded or used in any way. The Buyer must then pack the goods using the original packaging. If this is not possible, a sufficiently sturdy cardboard/envelope packaging must be used to prevent the Products from getting damaged at their destination, and the parcel(s) must be shipped to the following address:

Martini S.p.A.

C.A.: Resi e-Shop MartiniSPA – Il Coccio design
Strada Nuova, 22
43058 Coenzo di Sorbolo Mezzani (PR) – ITALY

Only parcels addressed correctly will be accepted. The Recipient of the Order is solely responsible for any risk related to the return of the Products.

The return for the right of withdrawal finds application, as well as for other possible case of return, with a necessary contact between the Buyer or the Recipient of the Order and the Customer Service. To exercise the right of withdrawal, the Buyer and/or the Recipient of the Order will have to fill in the appropriate RETURN FORM and WITHDRAWAL FORM TYPE, duly subscribed (paying attention to return the Order number) and sent by registered mail or through the use of the electronic address of the Customer Service (customercare@martinispa.com), taking care to attach the forms; alternatively, the Buyer may communicate the withdrawal to MartiniSPA through an explicit declaration (e.g. a registered letter sent by mail, fax or e-mail sent to the address indicated in Art. 1 of these GCS). In order to comply with the withdrawal period, it is sufficient that the Buyer submits the forms or the explicit notice before the expiry of the applicable recess. The use of forms facilitates the management of the return process by MartiniSPA. The Buyer or the Recipient of the Order, if different from the Buyer, is therefore invited to use the forms in question.