1.Subject Matter
1.1. These general terms and conditions of sale shall apply to the purchase of tableware and accessories (hereafter the “Products”) via the e- commerce website www.rossidimarsciano.it or www.rossidimarsciano.com (each, hereafter the “Site”) by users falling within the definition of “Customers” pursuant to the article 1.3.
1.2. The site is owned by Emanuela Rossi di Marsciano (hereafter the “Seller”), with registered office in Via Lung’Adda Monfalcone 16 – 23883 Brivio (LC), Italy, VAT no. 03141280135.
1.3. The Site deals in retail sales and as such is designed for the exclusive use by Customers only. No agents, wholesalers or, more generally, all those intending to purchase the Products with the purpose of selling them on, are allowed to effect purchases on this Site. It follows that only Customers are permitted to submit orders via the Site.
1.4. Customers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Customer declares compliance with such requirements.
1.5. Any communication by the Customer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc. – shall be sent to the Seller at the e-mail address info@rossidimarsciano.it.
1.6. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Customer.
1.7. As foreseen by art. 13 of Leg. Decree Decree no. 70/2003, the Customer shall receive via e-mail all the details necessary for the identification of the Seller, moreover already indicated in the contract of sale and the summary of the order, as specified below. This documentation shall be retained by the Customer.
1.8. Emanuela Rossi di Marsciano reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2. Purchase procedure and Product Features
2.1. The Products displayed in the e-commerce section of the Site can be purchased by the Customer by selecting the relative Products and adding them to the virtual shopping cart. In order to purchase the Products chosen and added to the shopping cart, the Customer may decide whether register with the Site, providing details as requested or, if the Customer is already registered, to login, or to provide their details so that the order can be completed and the contract can be concluded.
2.2. Registration is free of charge and allows the Customers to perform the following operations: change the shipping and billing details, make purchases, use the wish list, consult their order history, know the status of the order (confirmed and shipped), send notifications and cancel accounts.
2.3. The products are sold by Emanuela Rossi di Marsciano with the features described on the Site and in accordance with the general terms and conditions of sale published on the Site at the time of the order, excluding all other terms or conditions. The main characteristics of the Products are provided in each product fact sheet on the Site. The photos illustrating the products do not form a part of this contractual framework. Consequently, the Seller shall not be deemed liable for any errors and/or inaccuracies in the graphic and photographic reproductions displayed on its website, since:
2.4. The purchase order submitted by the Customer to Emanuela Rossi di Marsciano via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller, the Customer undertakes to fully accept the same without reservation.
2.5. The Customer’s purchase order is accepted by Emanuela Rossi di Marsciano by sending an e-mail to the Customer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Customer has not registered on the Site.
2.6. The order confirmation email will include a summary of the order placed, the order ID number, a detailed list of the products, their prices, the payment method selected by the Customer, the delivery costs and billing and consignment details provided by the Customer.
2.7. The Customer shall promptly check the content of the communication and immediately report to the Seller any errors or omissions via email address info@rossidimarsciano.it
2.8. Any contract for the purchase of the Products shall be deemed concluded when the Customer receives the order confirmation from Emanuela Rossi di Marsciano by e-mail.
2.9. The Customer’s order, the Seller’s order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties shall be filed electronically by the Seller’s IT systems.
3. Prices, shipping costs, customs duties and taxes
3.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Customer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with Emanuela Rossi di Marsciano by the Customer is confirmed, and which the Customer agrees to pay to the Seller in addition to the price shown on the Site.
3.2. Depending on the country to which the Products are to be delivered, the relative shipping costs will be displayed on the Site during the order placement process; the Customer agrees to pay this amount in addition to the price of the ordered Products.
3.3. The total price payable to the Emanuela Rossi di Marsciano will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Customer.
3.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the general terms and conditions of sale are the exclusive responsibility of the Customer.
3.5. Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Customer is therefore advised to check the final prices before submitting the purchase order.
3.6. The Customer declares to accept that the lack of knowledge of the costs, taxes and/or duties as per the previous paragraphs 3.4 and 3.5, at the time of sending an order to Emanuela Rossi di Marsciano, shall not constitute just cause for termination of this contract and that the Customer cannot charge these costs to the Seller in any way whatsoever.
4. Payments
4.1. Payments for orders placed on the Site can be paid for by bank transfer, credit card, or via PayPal at the conditions provided below.
4.2. If the payment method chosen is PayPal, the Customer will be redirected to the www.paypal.com website where payment can be effected following the instructions specified therein. All Customer details entered on the PayPal website shall be processed directly by PayPal without the involvement of the Seller who remains fully excluded from the process. Emanuela Rossi di Marsciano shall under no circumstances be held responsible for any delays and/or omissions relating to the payment procedure via said website.
4.3. If payments are effected by credit card, the payment will be processed by PayPal. Data shall be transferred in a protected and secure manner. Such data remain inaccessible even for the Seller.
4.4. In the case of cancellation of the order or non-acceptance of the same on the part of the Seller, the amount will be refunded via PayPal or bank transfer. Emanuela Rossi di Marsciano shall have no knowledge of any credit card information, nor manage an archive for the recording of such data. The Seller shall not retain or store such data in any electronic archives, hence under no circumstances can Emanuela Rossi di Marsciano be held responsible for any misuse or fraudulent use of the credit card by other third parties during the payment for products purchased from the Site.
5. Customized Products
5.1. For customized Products, such as tablecloths, the Customer must contact the Seller by email at info@rossidimarsciano.it to specify the Product of interest, the chosen color, and the respective sizes.
5.2. When confirming its willingness to fulfill the Order, Emanuela Rossi di Marsciano will be required to specify in its email reply (i) the main terms and conditions of the agreement reached between the parties; (ii) the price owed by the Customer to the Seller and shipping costs; (iii) a summary of the main terms and conditions applicable to the relationship—which will in no way replace these General Conditions; and (iv) delivery and fulfillment terms—which are purely indicative.
5.3. If the Customer wishes to accept the Seller’s conditions, the Customer will be required to make payment using the methods indicated in the Reply. Otherwise, the offer will be considered revoked.
6. Delivery of the products
6.1. All Products on the Site are made following the Customer’s order. Although the Site indicates Product availability and related production times, this information is purely indicative and in no way binding on the Seller. The Customer may request information on the progress of their order by writing an email to info@rossidimarsciano.it.
6.2. Emauela Rossi di Marsciano undertakes to do everything within his power to meet the delivery times indicated on the Site. The average lead times required to receive ordered products is 45 (forty-five) days from the day following that on which the Customer submitted the order. If the order cannot be processed by the Seller for any reason, the Seller shall notify the Customer in writing and refund the amount already paid by the Customer for the Product.
6.3. The Products ordered by the Customer shall be delivered via courier (national or international) to the delivery address provided by the Customer. The presence of the Customer, or an individual appointed by the same, is required at the destination address indicated on the order to complete the delivery.
6.4. Emanuela Rossi di Marsciano is responsible for the risk of loss and/or damage to the products purchased via the Site until the moment in which the product is delivered to the Customer. The Seller shall not be liable for loss or damage which occur after this moment in time.
6.5. The Customer undertakes to promptly check upon delivery of the Products by the courier, that the delivery is correct and includes all and only the purchased Products, and to promptly notify the Seller of any faulty products received or any discrepancy between the order and the goods actually received.
6.6. If any visible discrepancies are found at the time of delivery, such as defective packaging, incorrect quantities and/or incorrect Product, these must be immediately reported in writing on the courier’s delivery note, adding the wording WITH RESERVATION. Once the courier’s waybill has been signed, the Customer can not submit any further claims regarding the external features of the goods delivered. The Customer shall retain the receipt and contact the Seller via email to info@rossidimarsciano.it.
6.7. Without prejudice to the provisions of Article 6.6, the Customer will have 5 days from the date of delivery to verify that the product has not been damaged during transport. If, during the check, the Customer finds any damage, he or she must notify Emanuela Rossi di Marsciano within the same period, also providing documentary evidence (including, for example, a photo of the damaged packaging, evidence of the defects, and a receipt confirming “with reservations”). If the Customer fails to notify the Seller within 5 days of delivery, or if the notification is incomplete (i.e., without the required documentation), the Seller will consider the order to have been delivered intact and that the Customer has accepted delivery without reservations. Therefore, after this period, Emanuela Rossi di Marsciano will not be able to accept any requests for refunds or replacements for damages incurred during transport.
7. Product warranty and reporting of nonconformities
7.1. The Seller, in accordance with European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), provides Customers with a legal warranty that the purchased Products are free from material or manufacturing defects, and conform to the descriptions published on the Site. All products sold on the Site are covered by a legal warranty for nonconformities.
7.2. Emanuela Rossi di Marsciano reminds you that:
7.3. The Seller shall not be held liable to the Customer for any defects in the Products that do not exist at the time of delivery and are due to their use by the Customer and/or normal wear and tear.
7.4. The Seller shall not be held liable for damages of any kind resulting from the Customer’s use of the Product, or from its improper use and/or use not in accordance with the manufacturer’s instructions, nor for damages resulting from a Force Majeure Event (as defined in Article 12).
7.5 Without prejudice to the provisions of Article 6.7, it is added that the Customer must inform the Seller within 5 (five) days of delivery via email to info@rossidimarsciano.it of any incorrect quantities and/or incorrect Products or possible defects of conformity. The Customer must attach the indication of the discrepancy/non-conformity found and the related documentation required (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt).
7.6. On receiving the email and related documentation, Emanuela Rossi di Marsciano shall assess the non conformities reported by the Customer and shall, at its own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Customer via email to the address provided by the Customer when registering with the Site or placing the order.
7.7. Authorisation to return the Products for possible defects shall, under no circumstances, infer acknowledgement of the non conformity; this aspect will be assessed once the products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Customer to the address indicated from the Seller, together with a copy of the returned product authorisation email within 7 (seven) days from the date on which the nonconformity was reported.
7.8 The Customer will not have the right to withdraw from the contract if the lack of conformity is only minor. The burden of proof of the minor nature of the defect will be on the Seller.
7.9. If Emanuela Rossi di Marsciano is required to refund the Customer for the price paid, the refund will be effected, where possible, using the same payment method used by the Customer to purchase the Product, or by bank transfer. The Customer shall be responsible for sending the Seller, using the same e-mail address info@rossidimarsciano.it, the bank details for the latter to be able to effect payments to the former, and enable the Seller to send any refunds due.
8. Right of withdrawal
8.1. Notwithstanding the exceptions under art. 59 of the Consumer Code, the Customer shall have the right to withdraw from any contract entered into pursuant to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from the day on which the Product is delivered or if several Products on one order are delivered separately, from the date the last Product was received.
8.2. To exercise the right of withdrawal, the Customer shall notify his/her decision to the Seller, within the deadline indicated in paragraph 8.1 above, with an explicit declaration via email to: info@rossidimarsciano.it, indicating “RETURNED MATERIALS” in the subject section of the email. This notice must include the order number and that of the invoice accompanying the Products.
8.3. On completing the requirements of paragraph 8.2 above, the Customer will receive a withdrawal confirmation email containing, in the case where the ordered product has already been received, the instructions to returning the Product, to be sent within and no later than 14 days to address indicated by Emanuela Rossi di Marsciano.
8.4. All Products shall be returned to the Seller fully intact (with no signs of wear, abrasion, nicks, scratches, deformation etc.) complete with all parts and accessories, (packing materials, boxes, documentation and/or other elements contained in the original packaging) otherwise the return will not be accepted. All shipping risks and direct costs incurred when returning the products shall be borne by the Customer.
8.5. Emanuela Rossi di Marsciano will accept the return of the Products, reserving all rights to ensure the same are returned pursuant to the conditions illustrated in par. 8.4 above. After accepting and verifying the integrity and condition of the returned Product, the Seller shall instruct its bank to refund the amount, sending due notice also to the Customer.
8.6. Pursuant to art. 59 of the Consumer Code, the right of withdrawal is expressly excluded for customised orders, such as tablecloths, as they are made-to-measure Products.
9. Intellectual property rights
9.1. The Customer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Emanuela Rossi di Marsciano and/or her assignees, with no rights arising on the part of the Customer in relation to the same as a result of access to the Site and/or purchase of the Products.
9.2. Therefore, without the prior written consent of Emanuela Rossi di Marsciano, no contents of the Site can be wholly or partially reproduced, transferred using electronic or conventional means, modified or used for whatever purpose.
10. Protection of Customer Data and Privacy
10.1. In order to proceed with the registration process, place an order and sign this contract, the Customer is required to provide certain personal details. The Customer acknowledges and accepts that any personal data provided shall be recorded and used by Emanuela Rossi di Marsciano in accordance with, and subject to, the provision of Regulation (EU) 2016/679 on General Data Protection Regulation (“GDPR”), to process each purchase made via the Site and, with his/her consent, along with any other activities indicated in the Privacy Information Notice provided to the Customer via the Site at the time of registration.
10.2. The Customer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
10.3. It is strictly prohibited for the Customer to enter false and/or non- existent data, and/or use fictitious details in the registration procedure required to execute the contract, and it is also strictly prohibited to create more than one registration per person or use third-party data to perform the same. Emanuela Rossi di Marsciano reserves the right to legally prosecute any violation or abuse, in the interest and protection of all Customers.
10.4. The Customer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
10.5. For any further information on how the personal details of Customers are processed, please refer to the Privacy Policy section on the Site.
11.Security
11.1. While Emanuela Rossi di Marsciano takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Customer on the Site, even after the Customer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
11.2. Emanuela Rossi di Marsciano shall not be liable for any fraudulent or illegal use that may be made by a third party, of credit cards or other payment means during the payment process of the purchased Products. At no time during the purchase procedure is the Seller made aware or able to access the Customer’s credit card number, which is sent via a secure connection directly to the bank service provider.
12. Force Majeure
12.1 Emanuela Rossi di Marsciano shall not be liable in the event of total or partial non- fulfilment of its obligations foreseen by any contract signed under these general conditions of sale, if such failure is caused by unforeseeable and/or natural events beyond its reasonable control, including, by way of example only, natural disasters, acts of terrorism, wars, riots, lack of electricity, general strike of public and/or private workers or strikes which restrict the operations of shippers and airline links.
13. Applicable law, settlements and jurisdiction
13.1. Any sales contracts signed between Emanuela Rossi di Marsciano and the Customer under these general conditions of sale shall be governed and construed in accordance with the Italian laws in force and, in particular, with the Consumer Code (Legislative Decree no. 206 dated 6 September 2005), with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 of 9 April 2003 concerning all e-commerce aspects. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Customer’s country of residence.
13.2. Disputes concerning Consumer rights that may arise in the interpretation and execution of any provision of these General Conditions may be resolved by resorting to an extra-judicial complaint and appeal mechanism pursuant to Regulation (EU) no. 524/2013 (so-called “ODR Regulation”) accessible via the link http://ec.europa.eu/odr.
13.3. If no settlement attempt is made, as under section 13.2, or the attempt is not successful, the Court of Lecco is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Customer’s.
