GENERAL CONDITIONS OF SALE
Here follow the General Conditions of Sale which are applied to all purchases of products Marzorati by electronic transaction on the website marzorati.com or by e-mail (fax must be considered as equivalent).
By sending an order for a product Marzorati the Buyer is accepting the present General Conditions of Sales of the Seller which regulate the relationship between the Seller (Marzorati) and the Buyer. For more questions and/or information it is necessary to contact Marzorati in advance by sending an email to [email protected] or by calling our phone number +39 (031) 780286. All requests for information will be processed as soon as possible.
The displayed products on the website marzorati.com are purchasable by electronic transaction or by e-mail and are sold by Marzorati s.r.l., a company enrolled in the Registry of Businesses in Como with number CO-87492, registered office and production in Figino Serenza (CO) Italy, Via Cervino, 10/G.
Marzorati s.r.l. owns the brand Marzorati Exclusive Furniture, it designs, produces, distributes and sells furniture and accessories; its production is esteemed for quality, for the use of rich materials and for the respect of the local artisan tradition.
The prices on the website marzorati.com (in the product sheet and in the cart) are expressed in €uro and, unless clearly described for a specific product, are VAT excluded. The prices can vary according to the product, to its arrangement, to its characteristics, to the delivery destination and to the number of pieces put in the cart or required by the Buyer in any way.
The orders to Marzorati can be sent by electronic procedure (by filling the proper electronic form on the website marzorati.com), by e-mail or with the help of one of Marzorati operators by phone, he/she will complete the order form in the name and on behalf of the Buyer.
The contract can be considered as stipulated as Marzorati receives the electronic order form or the e-mail with the written order, together with the requested payment. If an order is placed by one of our operators on behalf of the Buyer, the contract shall be deemed entered as the requested payment is received.
When the order is regularly processed, Marzorati will send an e-mail including the order confirmation to the Buyer to the registered e-mail address or to the address indicated on the e-mail (if the order is placed by email), the Buyer must control all information included in the order confirmation.
The order forms are filed in the database by the management of the site, while e-mails are filed in the internal database of the management system by Marzorati.
Should an item be out of production at the receiving of an order, Marzorati will inform the Buyer and he/she can decide to change the order or ask for refund of the paid amount.
The Marzorati products are entirely and exclusively made and produced custom made according to the Buyer’s requests. That is the reason why the order can be changed or modified only by a written communication or e-mail within 24 hours from the beginning of the production, that starts immediately soon after the reception of the requested payment.
Marzorati is anyway at disposal for following modification which is eventually accepted by Marzorati according to the real production status of the article.
Possible modification in the delivery address can be sent by e-mail to our Customer Service by specifying the new delivery address, this must be done before the communication of the availability of the finished product.
Depending on the new delivery destination, Marzorati may apply an additional cost for delivery charges, this cost must be paid before delivering the goods. The Buyer may change the invoice data reported on the order as long as Marzorati has not issued the invoice.
All deliveries are covered by insurance guarantee and are carried out only by reliable carriers with a long experience as for furniture transport in order to afford high standard quality service and product integrity.
The delivery is always considered at street level and the Buyer must provide all necessary solutions to make the uploading as easy as possible. In order to organize the delivery of the goods, the Buyer will be contacted by phone and/or by email some days in advance. Carriers do not deliver the goods on higher floors and are not supposed to pick up the used items of the Buyer.
Upon delivery of the goods the Buyer shall immediately check the exact number of items (they correspond with the data indicated in the delivery note), their condition and integrity. In case of possible damages in the packaging, the Buyer must immediately notify this condition to the carrier by writing on the delivery note the words “received unchecked for damaged packaging”. Delivery costs can vary according to the volume of the goods and to the delivery destination; they are indicated in the cart. Any additional charge (for instance, pedestrian areas, lagoon areas, smaller islands, or everywhere the carrier cannot reach the destination) is immediately communicated to the Buyer.
The average time production and the delivery of the goods are indicated in the product sheet (and specified in the order confirmation), they can be considered as approximate, even if Marzorati will try to do his best to respect the delivery date. Marzorati refuses any responsibility in case of suppliers’ delays or as a result of force majeure outside the Seller’s control. For this reason the delivery of the goods foreseen during summer or winter holidays may undergo significant delays, which are in any case communicated by Marzorati.
If the Buyer delays in accepting the delivery of the purchased items, he is obliged to pay, besides the agreed price for the purchase and the related interests, even the storage costs for an amount of € 5,00 for every single day of delay. In case of delay longer than 30 days and of failed payment of storage costs, Marzorati has the right, after written communication, to consider the contract as withdrawn; under this circumstance the Buyer must pay, as a penalty fee, an amount of 35% of the agreed total amount for the purchase, besides the consequent most great damage.
All items sold and distributed by Marzorati are accompanied by the related fiscal invoice, whose issue date is binding as for warranty. For private Buyers (consumers) the duration of warranty is 24 months and it is applicable to lack of conformity, pursuant to D.Lgs. n. 206/2005 (Consumer code), while for Buyer with VAT number the duration of warranty is 12 months pursuant the Civil Code.
All items displayed in the Marzorati showrooms (outlet products) are excluded from the 24 months warranty, as they belong to the category “second-hand items”, for which the duration of warranty is 12 months by law for non aesthetical conformity defects. Warranty is applicable to products with lack of conformity as long as they are properly used according to their intended use and with attention paid to the maintenance indications. If the purchased items shall be non-complying, the Buyer must formally notify the lack of conformity according to the Consumer Code / Civil Code (depending on the type of customer) by supplying even the related images.
Warranty on lack of conformity does not include damages, breaks or malfunctioning caused by unattended instructions for use. Warranty does not include the services of transportation, checking, assembling and dismantling furnished by Marzorati specialized staff which are associated to the warranty. Therefore the Buyer is required to pay directly on site to the staff an amount of € 75,00 if he/she lives in the area of Milan, Monza and Brianza, Como, Lecco or Varese. In all other cases the Buyer commits to send, at his/her own expenses, by express carrier the item in question properly packed. Marzorati commits to check the causes of the indicated damage and then to inform the Buyer about it, and in an appropriate time, to replace the part or the entire item under warranty for lack of conformity. If the warranty is not applicable, Marzorati shall offer the Buyer a paid intervention in order to restore the proper use of the product; shall the Buyer accept the above mentioned service, he must pay the full amount due. Private Buyers are anyhow subject pursuant the Consumer Code Art 130. After 24 hours upon receipt of the goods, due to actual difficulties in checking the responsibility, we cannot accept claims for scratches, dents or stains; legal guarantees for inbuilt structural defects are preserved anyway. Marzorati must expressly authorize the return of goods. The above mentioned assistance will be applied to Buyers whose payments are up to date.
Marzorati constantly updates all information reported on the website and commits to supply precise and detailed information, errors and omissions excepted. It is up to the Buyer to verify the relevant details in order to purchase an item according to his/her needs and expectations, such as, for instance, color matching with existing furniture, sizes of the product compared to the area to furnish, availability of models in different colors and conformity of the reported information on the website related to the item itself.
Upon receipt of the order Marzorati checks the exactness of the codes, the availability of colors and the prices. Shall the price reported on the order be lower than the right one due to possible mistakes, Marzorati, at its own discretion, commits to bear the price difference or to check the Buyer’s availability to buy the item even at the correct higher price. If the Buyer fails to proceed with the purchase, Marzorati will cancel the order and return the amount already paid in advance. On the opposite if the correct price is lower than the one reported on the website, Marzorati will inform the Buyer and refund the paid amount.
In order to improve constantly the range of articles, Marzorati may reserve the right to change sizes and technical characteristics of the products without notice, even if these changes are not influencing at all aesthetical aspect, style, functioning and ergonomics of the products. In particular Marzorati points out that the sizes of the upholstery items (mattresses, beds, sofas, armchairs and similar items) reported on catalogue, price list and website may be subjected to dimensional variations up or down to 5%. If items are produced custom made or upon request even if they are out of production, the Buyer must handle with changes or replacement requested after the issue of the order confirmation.
Images on website marzorati.com are only for illustrative purposes and therefore they are not binding.
Pursuant the Consumer Code art. 52 the Buyer (consumer) has the right to withdraw from a contract stipulated outside the business sales showrooms, with no fee and no specific reason, within 14 working days from delivery date. Pursuant the Consumer Code art. 59 the Buyer (consumer) cannot then exercise the right of withdrawal related to personalized items or expressly produced custom made articles.
The right of withdrawal cannot even be exercised, always pursuant the Consumer Code art. 59, on sealed items that cannot be replaced after opening due to hygienic reasons or related to health protection (such as for instance, mattresses, pillows, sheets etc.). Contact our Customer Service Marzorati by phone or email to get more information about the products displayed on the catalogue that are subjected to the right of withdrawal. The Buyer (consumer) shall notify his decision of withdrawing from the contract by sending, within the above mentioned deadline, a written communication (registered letter, fax or email) to Marzorati.
The Buyer (consumer) is obliged to return the goods under his responsibility and at his own expenses to Marzorati offices without any further delay and within 14 days upon withdrawing the contract, he is responsible even for the integrity of the goods in the original package. Therefore, pursuant the Consumer Code art. 57, all expenses related to the return of the goods will be at the Buyer’s charge (consumer). Shall the withdrawal from the contract be exercised according to the listed arrangements, Marzorati refunds the amount paid by the Buyer except for the costs supported by Marzorati to deliver the goods to the Buyer (consumer). The refund will occur by bank transfer within 14 days upon receipt of the Buyer’s (consumer) bank details by Marzorati or in any way the Buyer shall indicate to get the amount back, this will happen, anyway, after the receipt of the goods in our warehouse and after checking the integrity status of the item.
The Customer Service by Marzorati shall verify for every single case the causes of possible mistakes, defects or problems of supply and shall evaluate the amount due while keeping anyway the right to apply additional costs to the Buyer according to the certified responsibility. In case of total or partial replacement of the product due to defects or damages occurred during the transportation, Marzorati commits to do what he can for an immediate delivery of the goods at the same delivery terms stipulated on the original contract. Replacement time might be equal to the production one, anyway. In case of total or partial replacement of an article, Marzorati will inform the Buyer about the parts to be replaced and returned to Marzorati: in case of replacement it is up to the Buyer to pack the involved components in a proper way in order to avoid damages during the transportation. If the Buyer is not required to return the goods, he must arrange by himself the disposal of the product and/or its parts.
The contracts between Marzorati and the Buyer which are placed on our website marzorati.com or by email shall be understood as stipulated in Italy and governed by the Italian law, as well as by the present General Conditions of Sales. Before using the goods the Buyer is required to refer to use and maintenance instructions of the product supplied by Marzorati and to file them properly.
Any dispute arising between the parties concerning validity, interpretation or performance of the contract shall be of exclusive competence of the referred to the Court of Como, where the registered office of Marzorati is located. It is without prejudice the competent jurisdiction of the judge in office for residence or selected domicile of the Buyer (consumer), if it is located in the territory of the State (Italy).