These terms and conditions of sale (hereinafter also referred to as “General Conditions of Sale” and / or “Terms”) are only valid between Marty & Nelly S.r.l (Hereinafter also referred to as “Company” and / or “Supplier”), in the person of the its legal representative Mr. Alex Martinelli, with Registered office and headquarters in Via Fleming, 4 – San Martino Buon Albergo 37036 (VR) Italy, VAT 04047380235, Company Register of Modena under no. 403556 Tel.:+39 045 879.84.14 E-mail: firstname.lastname@example.org, and any person performing online purchases on waveitaly.com website (hereinafter also referred to as “Customer”).
These Terms of Sale may be modified and the date of publication of the same on the site is equivalent to the effective date.
for purposes of these Conditions of Sale, on waveitaly.com , the following terms shall have the meaning given below and may be used indistinctly in the singular and / or plural:
1.1 “Products” “Products Wave”: all the products and / or goods and / or services marketed by Marty & Nelly S.r.l. on waveitaly.com.
1.2 “Customer” “Buyer”: is the buyer of products, meaning the natural or legal person who makes the purchase for purposes related to his professional activities, commercial or private use.
1.3 “Consumer” is any person who buys the Products and / or Services available on the Site for purposes unrelated to the commercial, business, craft or profession, in accordance with Art. 3 of the Decree. 6 September 2005. 206, the Consumer Code.
1.4 “Professional”: is the customer who buys for purposes relating to his business, industrial or craft or profession, and therefore does not fall within the definition of Consumer.
1.5 “Site” is the entirety of the Web pages in the Internet at waveitaly.com
1.6 “Contract of Sale on line / Contract”: each single contract / legal transaction between the Company and the Customer and whose object the products offered on this website.
1.7 “Order” is the fulfillment by the Client of all the steps on the website linked to the purchase of the Products as shown on the same site.
1.8 “Order Confirmation”: is the communication sent by the Supplier to the Customer as a result of the Order receipt that is valid as acceptance of the contract proposal and marks the completion of the on-line Sales Contract.
2. SUBJECT OF THE CONTRACT
2.1 These Terms of Sale regulate the remote purchase (online sales) of products promoted and commercialized by Marty & Nelly S.r.l. through waveitaly.com website operated by Marty & Nelly S.r.l same, therefore each Contract Sale online between the customer and Marty & Nelly S.r.l. related to products, which occurred through the Site will be subject to these General Sales Conditions.
2.2 All the Products available to the users are shown on the site’s homepage and / or within the different web pages of the same.
Wave Products on the Website are addressed to both users Consumers and Professionals.
2.3 For the purposes of these General Conditions, user Consumer defines any natural person who buys Wave Products on the Site for purposes unrelated to the commercial, industrial craft or professional activity, in accordance with Art. 3 of the Decree. 6 September 2005. 206 (Legislative Decree no. 206/2005 is hereinafter also called “Consumer Code”).
Where these are not explicitly listed in the category of Consumers, the provisions of these General Conditions apply without distinction to all customers who purchase Products Wave through the Site.
2.4. Simultaneously with the transmission of the purchase Order, the Customer agrees that the confirmation of the information related to the Order may be sent by e-mail at the same address declared during registration to the Site or during the checkout process.
2.5. In order to make purchases through the website, the customer must have the legal age (18 years) and the capacity to act, which the Customer declares to possess.
2.6. Any cost for connecting to the site over the Internet, including those of the telephone, according to the fares applied by the operator chosen by the customer, are at exclusive responsibility of the customer.
2.4. Any communication of the customer connected and / or related to the purchase of products – including any reports, claims, demands concerning the purchase and / or delivery of products, exercising the right of return, etc. – must be sent to Marty & Nelly S.r.l.to the contact details and in the manner specified on the Website and the e-mail email@example.com
3. CHARACTERISTICS OF PRODUCTS AND THEIR AVAILABILITY IN DIFFERENT GEOGRAPHIC LOCATIONS
3.1. The products are sold with the characteristics described on the site and under the General Sale’s Conditions published on the Site when the order is sent by the customer, with the exclusion of any other condition or term. Before the conclusion of the Sale’s Contract the customer undertakes to take vision of the characteristics of the products which are described in the individual site at the date of choice by the customer.
3.2. Marty & Nelly S.r.l. may modify, without notice, the General Conditions. These changes will be effective as of the day of their publication on the Site. To Purchase Orders submitted to Marty & Nelly S.r.l. before the publication of the above changes will apply the general conditions of sale in force at the time of conclusion of the sale’s contract.
3.3. The prices, the products offered on the Site and / or the characteristics of the same, are subject to change without notice. Before sending the purchase order, the customer is asked to check the final sale price.
3.4. Site can be accessed from all around the world. However, the available products on the site can be purchased only by users that require delivery in one of the States which are listed on the site.
3.5. Marty & Nelly S.r.l. invites each user to carefully read these Terms and Conditions of Sale of Products and Services Wave, before completing any purchase and, once concluded that operation, in print or save a copy in digital format.
By accessing the Site you agree unconditionally the conditions of use of https://www.waveitaly.com site and agrees to respect them.
4. METHOD OF CONCLUSION OF THE ON LINE SALES CONTRACT
4.1. The publication on the Site of Wave Products constitutes an invitation to users to formulate to Marty & Nelly S.r.l. a purchase proposal. Each Order sent by the Client integrates a contract proposal and is conditioned upon the prior specific acceptance of these Terms of Sale. The presentation of products on the site, not binding to the Supplier, is a mere invitation to the customer to make a purchase contract proposal and not a public offer.
4.2. The orders transmitted to the Supplier must be completed in all parts, must contain the elements necessary for the precise identification of the customer, the ordered products and of the delivery address.
Once Received the Order, Marty & Nelly S.r.l. will send the customer an email to the address indicated by the latter, as a confirmation of receipt containing the details of the Order and all data related to the purchase or the Products required and related costs, as well as personal data and contact details of the customer.
All orders are subject to acceptance by Marty & Nelly S.r.l. which will provide notification of acceptance or rejection of the Order as soon as reasonably possible, reserving the right at its sole discretion not to accept orders incomplete or not properly filled.
4.3. The Purchase Agreement between the Customer and Marty & Nelly S.r.l. will be completed only when the Customer’s order is accepted by Marty & Nelly S.r.l., therefore, the offers of the Supplier are not to be binding, in particular with regard to quantities, prices and delivery terms.
4.4. For any information related to the Orders, the Customer may send an email to the following email address: firstname.lastname@example.org
5. CANCELLATION OF THE ORDER
5.1. Wave reserves the right to cancel any purchase order of Products, at its discretion, whether or not the Customer’s credit card was already charged, in the event that: a substantive error in the prices or in Wave Products has occurred at the time the information is published on the Site, or if the Product requested is no longer available.
5.2 If the order is cancelled after payment, Marty & Nelly S.r.l. will adopt the measures necessary to credit the Customer for the same amount of what has already been paid (or will contact the customer to receive information for that purpose).
6. DELIVERY AND ACCEPTANCE OF PRODUCTS
6.1. 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.
6.2. 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.
6.3. The delivery of the Products is subjected to the related price payment by the Customer.
6.4. 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.
6.5. 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.
6.6. 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.
6.7. 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.
6.8. 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.
7. PRICES, SHIPPING COSTS, TAXES AND FEES
7.1. 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.
7.2. 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.
7.3. 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.
7.4. 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.
7.5. 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
7.6. 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. ..
7.7. 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.
7.8. 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.
8. FEATURES AND AVAILABILITY OF PRODUCTS
8.1. The Products are not provided as sample. The customer is responsible for choosing the products ordered and their responsiveness to his needs.
8.2. The illustrations of the Products on the Site are provided for illustrative value and are not binding for the supplier as a guarantee for technical characteristics.
8.3. The Supplier may introduce at any time technical changes to the products, without thereby allowing the customer to raise objections about.
8.4. If an order exceeds the existing amount of stock, the Company will accept the order only for the Available products and inform the buyer by e-mail if the product will be available in the future and possibly the expected time for the supply; the Company undertakes to respect the deadline communicated regarding the supply times, but these times are not binding.
9.1. Except by special derogation adopted in the Order Confirmation, for testing it meant the ones performed at Marty & Nelly S.r.l. before the shipment, according to the quality standards of Marty & Nelly S.r.l.
In case of other requested inspection tests outside the company, they will be carried out to by the buyer.
10.1. The guarantee on the sold products from Marty & Nelly S.r.l. differs depending on whether the buyer is a “Consumer” or a “Professional” within the meaning of the Consumer Code (Legislative Decree no. 6 September 2005 no. 206), according to the definition already specified above art.1 “Definitions” .
10.2. The customer that as a consumer, buys a product and / or service for the private use benefits from the legal guarantee of conformity that Marty & Nelly S.r.l. is obliged under Article. 130 of the Consumer Code, in its capacity as seller, in case of lack of conformity of the product with the contract (“Guarantee Law”).
Marty & Nelly S.r.l. as a seller is responsible to the consumer for any lack of conformity existing at the date of delivery, if the same occur within the period of two years from the date of delivery. The consumer still has the burden to denounce the lack of conformity within two months from its discovery.
10.3. According to legal provisions, unless shown otherwise, any lack of conformity to occur within six months from delivery of the product will be assumed existing at the time of delivery, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
11.RESTRICTIONS REGARDING RESPONSIBILITY
11.1. except mandatory legal limits, in any case, a party shall be liable to the other for indirect damage, whether due to loss of profits, loss of opportunity, loss of or damage to data or other. This clause defines the maximum liability of Marty & Nelly S.r.l. respecting however permissible limits under the law applicable to the individual order. Nothing will be recognized to the Client for the time during which the product will be left idle.
11.2. Complaints concerning warranty must be made directly to the Supplier by registered mail with return receipt
11.3. The guarantee referred to in the previous article shall not apply if the customer orders or allows non authorized people to perform repairs, interventions or changes in the goods or in the event that these have been used in conditions other than those for which they were built and tested or for it to be used with different consumables from that recommended by the manufacturer.
11.4. For buyers Consumers any provision of these Terms and Conditions shall limit or exclude liability of Marty & Nelly S.r.l. for a default which becomes the responsibility of Wave itself.
12. EXCLUSION OF LIABILITY OF WAVE.
12.1. Marty & Nelly S.r.l. is not responsible for disruptions caused by force majeure of any nature and kind, in the case fails to give effect to the provision required in the agreed time and under this contract. Are reasons of force majeure, by way of example, the provisions of the Public Authority, the strike of its employees, employees of other companies or employees of carriers of which Marty & Nelly S.r.l. it uses, and any other circumstance which is outside the control or independent of Marty & Nelly S.r.l.
13. OBLIGATIONS OF THE CUSTOMER
13.1. Buyer agrees to pay the price of the product was purchased within the timeframe and methods indicated on the Site.
13.2. The Customer undertakes to print and keep the present General Conditions of Sale.
13.4. Acceptance of the General Terms and conditions related to the processing of Personal Data, done by marking the proper space on the website. Failing that, the order will not be executed.
14. RIGHT OF WITHDRAWAL FOR THE CONSUMER
14.1. The customer who has purchased as a consumer, in accordance with the Consumer Code, has the right to withdraw from the sales contract without penalty and without giving a reason at any time, provided that he does so within 14 (fourteen) days from the date of Product delivery (hereinafter also called “Withdrawal Period”).
14.2. Whilst the provisions of the previous paragraph, in order to exercise the right of withdrawal the Consumer must contact the Customer Service of the Supplier listed on the website 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 by registered letter, a written and signed declaration containing the intention to exercise the right of withdrawal, summarizing all of the above information and requirements, to Marty & Nelly S.r.l (Hereinafter also called “Statement of Withdrawal”).
14.3. The communication concerning the exercise of the right of withdrawal must be sent by the Withdrawal Period Consumer before the deadline referred to in point 14.1.
14.4. In case of exercising the right of withdrawal, 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 of the communication to Marty & Nelly S.r.l. its will to withdraw from the contract. Products must be returned to Marty & Nelly S.r.l., at the site depot in Via Fleming, 4 – San Martino Buon Albergo 37036 (VR).
14.5 If the consumer exercises his right of withdrawal, he will be refunded for payments made to the Supplier, inclusive of delivery (except for additional costs arising from possible choice of a type of delivery other than 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 on a different means of payment, in this case there will be charged to the consumer for possible additional costs arising from the different means of payment. In the case of debit or cash, and if the consumer intends to exercise its Return right, shall provide to Marty & Nelly S.r.l. with the withdrawal statement, the bank details:
IBAN, SWIFT and BIC are necessary for the refund, by Marty & Nelly S.r.l. 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.
14.6. The consumer is liable for any diminished value of the goods resulting from a different handling from those needed to establish the nature, characteristics and functioning of the Products. Therefore, if the returned goods are damaged (e.i. with signs of use, abrasion, scuffing, scratch, deformation, etc.), Not complete with all parts and accessories (including labels and tags intact and attached to the product) not accompanied by the instructions / notes / manuals, with the packaging and the original packaging and certificate of guarantee, if any, the consumer will respond to the decrease of the asset value of the product, and will be entitled to a refund of the amount equal to the residual value of the Product . Therefore, the consumer is invited not to manipulate the products beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and the original covering of the Products with additional protective packaging that preserves the integrity and protects it during the transport even from writing or labels.
14.7. As required by art. 55 of Legislative Decree no. 206/2005 of the Con-sumer Code, the right of withdrawal does not apply to tailored or clearly per-sonalized goods , and therefore these products can not be returned from Marty & Nelly S.r.l.
15. ELECTRONIC PAYMENTS
15.1. The Customer expressly accepts that the implementation of the Con-tract of Sale by Marty & Nelly S.r.l. will start at the accreditation of the price of the / the product / s purchased / s on the Supplier’s account of the Supplier.
15.2. Customers can pay online using the payment methods listed on the site (credit card,PayPal and bank transfer).
15.3. At the time of filling the Order, the customer is required to indicate the method of payment.
15.4. Payment through PayPal will be done through PayPal https://shop.waveitaly.com/modules/paypal/express_checkout/payment.php redirection to the site, where they can be improved with the transfer pro-cedures of the sums due to Marty & Nelly S.r.l.
15.4. Payments made by credit card or other electronic form are done via se-cure connection, directly connected to the bank owner and operator of the payment service with which the Company has an agreement. The Company does not come into possession of the customer’s credit card information and can not be held liable for any fraudulent use of the same.
15.5. Marty & Nelly S.r.l. will transmit promptly the receipt to the customer, if re-quired by applicable law, in electronic format by e-mail to the address stated by the same, if the purchased items are to be delivered in the Italian territo-ry. Attached to the purchased products, in all other cases.
16. INTELLECTUAL PROPERTY RIGHTS OF Marty & Nelly S.r.l.
16.1. The Customer declares to be informed that all trademarks, trade names, as well as any distinctive sign, name, image, photograph, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Marty & Nelly S.r.l. and / or its assignees, without by access to the Site and / or the purchase of products may result for the Customer any rights to the latter. The customer has the right to access the Site for consulta-tion and purchase. Any other use oft he Site and its contents, in particular commercial, is not allowed. The integrity of the elements of the Site, wheth-er audible or visual and related technology used remain the exclusive prop-erty of Marty & Nelly S.r.l. and they are protected by intellectual property law.
16.2. The contents of the Site may not be reproduced, either partially or en-tirely, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Marty & Nelly S.r.l.
16.3. The Customer expressly recognizes that trademarks, trade names or other distinguishing marks applied on the products, as well as the domain names are exclusive property of Marty & Nelly S.r.l. and they can not be altered, modified, removed or deleted in any way. The customer has the limited right to use the trademarks, trade names or other distinctive signs, as well as all other rights of industrial or productive and commercial know-how depriva-tion incorporated in products and which it remains the exclusive property of Marty & Nelly S.r.l, only to resell the Products to third parties. Any other use of the in-tellectual property of Marty & Nelly S.r.l. by the customer, unless expressly granted by Marty & Nelly S.r.l. the same in writing, shall be deemed breach by the customer of the above Marty & Nelly S.r.l. exclusive rights, also in terms of contractual respon-sibility and will be properly pursued.
16.4. The documents, drawings, data and information (whether in paper form or electronic form) that should be delivered to the customer, remain the exclusive property of Marty & Nelly S.r.l. and they are the means for a better representation of the Products and are indicative of the performance of the Products. The Customer agrees not to reproduce, not to disclose to third par-ties and, in the case of Professional, to also take the necessary precautions in respect of its staff in order to ensure their protection.
17. ISSUES RELATING TO THE VISUALIZATION OF THE WEBSITE
17.1. It is the responsibility of the Customer to independently adopt devices and suitable programs to connect to the Internet. Should the client no longer be able to display part or all the Website, any charge or liability can be at-tributed to the Supplier.
18. INTERRUPTION OF THE SERVICE
18.1. The Supplier reserves the right to interrupt the visibility of the Site in whole or even in part of its functions in relation to all the needs related to the efficiency and security of the same and, subject to reasons of special ur-gency, will notify customers by any suitable means and as soon as possible.
19. LAW AND JURISDICTION
19.1. These General Conditions of Sale on line, as well as each Contract of Sale are governed by the Italian law both in case the buyer is a consumer or a Professional. In any case, any granted to consumers rights will be valid by the mandatory provisions of law applicable in the consumer’s country.
19.2. Any dispute arising between a Consumer and Marty & Nelly S.r.l. following the interpretation, validity or execution of these General Conditions of Sale and related sales contracts shall be referred to the jurisdiction of the Court of the place of residence or domicile of the consumer.
19.3. Differently from the provisions of the the previous paragraph, any dis-pute arising between a Professional and Marty & Nelly S.r.l. following the interpreta-tion, validity or execution of these Conditions of Sale and related sales con-tracts shall be referred to the jurisdiction of the Court of Verona.
19.4. To anything not expressly provided, will be applied the rules of law appli-cable to relationships and the cases provided by law at the time the finaliza-tion of the online sales contract.
20. FINAL PROVISIONS
20.1. The invalidity in whole or in part of any provision of these Conditions of Sale shall not affect the validity of the remaining provisions and the invalid provision shall be substituted by a valid clause that represents as closely as possible the original intent and economic purposes of the Parties or following specific legal agreements.
20.2. These Conditions of Sale are drafted in Italian and English language. In case of doubts of interpretation the Italian version will prevail.
22.1. In order to register, release the Order and therefore conclude the Con-tract of Sale, some personal information are required through the website to the Client. The Customer acknowledges that the personal data provided will be recorded and used by Marty & Nelly S.r.l., in accordance with and subject to rules referred to in Italian law D.Lgs. N. 196/2003 and subsequent amendments – Privacy Code, to give effect to each purchase made through the Website and, subject to your consent, for any additional tasks as indicated in the spe-cific privacy statement delivered to you through the Site at the time of regis-tration.
22.2. The Customer declares and guarantees that the information provided to Marty & Nelly S.r.l. during the registration and purchasing process are true and cor-rect.
22.3. The Customer may at any time update and / or modify the personal da-ta provided to Marty & Nelly S.r.l. by sending an email to the email address indicated on the Website in the “Contacts” page.
23. RESTRICTIVE CLAUSES FOR THE PROFESSIONAL
23.1. Pursuant to and for the effects of Articles 1341 and 1342 of the Civil Code, the Professional declares to have read, understood and expressly agrees to the following clauses contained in the present Sale’s Conditions, whose title and content are as follows:
art. 6. (Products Delivery and acceptance) paragraph 6.7 .: “6.7. If the Cus-tomer is not a Consumer and unless special exceptions established in the Or-der Confirmation, the products are to be shipped ex works. Unless other-wise agreed, they travel for account and at risk of the buyer even if is free port. “;
art. 20 (Applicable Law and Jurisdiction): “20.1. These General Conditions of Sale on line, as well as each Contract of Sale are governed by Italian law both in case were the buyer a consumer or a Professional. In any case, will be guaranteed any rights granted to consumers by mandatory provisions of applicable law in the State of the latter.
20.2. Any dispute arising between a Consumer and Marty & Nelly S.r.l. for the fol-lowed interpretation , validity or execution of these General Conditions of Sale and related sales contracts shall be referred to the jurisdiction of the Court of the place of residence or domicile of the consumer.
20.3. Differently from the provisions of the the previous paragraph, any dis-pute arising between a Professional and Marty & Nelly S.r.l. following the interpreta-tion, validity or execution of these Conditions of Sale and related sales con-tracts shall be referred to the jurisdiction of the Court of Verona.
20.4. To anything not expressly provided, will be applied the rules of law ap-plicable to relationships and the cases provided by law at the time the finali-zation of the online sales contract.