GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use (hereinafter “Terms and Conditions”) govern your (“the User”) access and use of the website located at the domain name marcoproiettidesign.com (“the Website”). By accessing and using the Website, you confirms that you have read and accepted these Terms and Conditions.
AMENDMENTS TO THE TERMS AND CONDITIONS
The Manager reserves the rights to modify or simply update, either totally or partially, these Terms and Conditions. Any amendments or updates to the Terms and Conditions will be binding upon publication in this section of the Website.
RESPONSIBILITY FOR USE OF THE WEBSITE
1. Access to and use of the Website, including viewing of web pages, communication with the Manager, the possibility of downloading products information and purchasing them on the Website, constitute activities conducted by the User exclusively for personal uses unrelated to any commercial, business and professional activity.
2. The User is personally responsible for the use of the Website and its contents. The Manager shall not be held responsible for any use not compliant with all applicable laws, regulations, and legal notices of the Website by each of its users, without prejudice to liability for willful misconduct and gross negligence. In particular, the User shall be solely responsible for the disclosure of information and/or data that are incorrect, false or regards third parties who have not given their consent, as well as for misusing that data.
3. Any material downloaded or otherwise obtained through the use of the Website is done at each User’s sole discretion and risk; therefore the User will be solely responsible for any damages to computer systems or loss of data that result from the download of any such material and no responsibility can be attributed to the Manager.
4. The User is responsible for keeping his personal information secure and confidential, including access credentials for reserved services, as well as for any consequential damages that may arise against the Manager or third parties as a result of incorrect use, loss or theft of such information.
5. The Website is provided “as is”, without warranty of any kind, express or implied.
Without prejudice to liability for willful misconduct and gross negligence, the Manager shall not be liable for any damages arising from the use of the Website and third-party websites directly or indirectly connected to it, including but not limited to damages to computer systems, loss of data or business opportunities, and business interruption. In particular, the Manager, without prejudice to the mandatory statutory requirements, declines all responsibility for any damages due to the inaccessibility of Website’s or caused by viruses, corrupted files, errors, omissions, service disruptions, content deletion, network, link, provider and/or telephone line problems, unauthorized access, data alteration, failure and/or defective functioning of User’s IT equipment.
6. To the extent required by applicable laws and regulations, the User agrees to indemnify and hold the Manager, and his possible assignors, harmless from and against any and all damages, including legal costs, which may arise from the User’s access or use of the Website not compliant with all applicable laws, regulations, and legal notices of the Website and/or could harm a third party.
INTELLECTUAL PROPERTY RIGHTS
1. Website content, including but not limited to works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics, colours, patterns, tools, fonts and website design, diagrams, layouts, methods, processes, functions, databases and software that are part of the Website (the “Content”), is protected by copyright and any other intellectual property right of the Manager and its assignors. Any reproduction of all or part of the Website and its Content in any form, without the written permission from the Manager, is prohibited. The Manager has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction of all or part of the Website and its Content in any form.
2. With respect to the use of the Website, the User is exclusively authorized to view the Website and its Content.
3. The User is not authorized to reproduce, on any medium, in whole or in part the Website and its Content. Any reproduction must be authorized, from time to time, by the Manager or, if necessary, by the rightholder of each work contained in the Website. Such reproductions shall in any case be made for lawful purposes and in compliance with copyright and other intellectual property rights of the Manager and/or its assignors. The authors of the individual works published on the Website have, at any time, the right to claim the authorship of their works and to object to any kind of distortion, mutilation, or other modification, as well as to other derogatory action in relation to the said work, which would be prejudicial to the author’s honour or reputation.
4. The User undertakes to respect the intellectual property right held by the artists who have decided to publish their works on the Website or who have collaborated in any way in the creation of new expressive and artistic forms intended to be published, albeit not exclusively on the Website or which form an integral part of it.
Furthermore, the User is not, in any case, authorized to use the Content of the Website and any individual work protected by copyright and any other intellectual property rights in any way and form.
TRADEMARKS AND DOMAIN NAMES
1. All the distinguishing marks of the Products sold and present on the Website are registered trademarks of their respective owners and are used for the sole purpose of distinguishing, describing and advertising the Products for sale.
2. The Manager and all other owners of registered trademarks have the exclusive right to use their respective trademarks. Any use of said trademarks in violation of the law, insofar as it is unauthorised, is prohibited and is civilly and criminally punishable. The User is not, in any case, authorized to use said trademarks or any other distinguishing marks present on the Website to gain undue advantage from the distinctive character or repute of these trademarks or in such a way as to damage them or their owners.
GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter “General Conditions of Sale”) shall apply to the offer and sale of products on the website marcoproiettidesign.com (the “Website”).
The products purchased on the Website (the “Products”) are sold directly by Diamante Luxury Management S.r.l., with registered office in Via Tiburto, 82 – 00019, Tivoli (RM), tax code and VAT number 12874781003, registered with the Rome Companies Registrer (no. RM – 1407268), (the “Vendor”).
1.1. These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders of the Products on the Website between the users (the “Customers”) and the Vendor.
These General Conditions of Sale do not regulate the sale services performed by third parties, whose products are present on the Website through links, banners or other hypertext links. It is the Customer’s responsibility to check the conditions of sale, before placing orders and purchasing products and services from parties other than the Vendor. The Vendor is therefore not responsible for the provision of services by third parties or for agreements concluded electronically between the Customer and said third parties.
1.2. Through the Website, the Vendor offers Products for sale and carries out its e-commerce activity exclusively towards its end users, as “consumers”, i.e. natural persons acting for purposes not related to their commercial, entrepreneurial or professional activity.
The Vendor, therefore, reserves the right to refuse any order from subjects other than the “Customer” or, in any case, orders that do not comply with its sales policy.
1.3. In order to send a purchase order you must read and approve these General Conditions of Sale. In case of non-acceptance of these General Conditions of Sale, it will be impossible to place orders for the Products on the Website.
2. Conclusion of the contract between the Customer and the Vendor
2.1. The languages available for the conclusion of the contract with the Vendor are Italian and English.
2.2. Purchase requests from countries not included among those indicated will not be accepted.
2.3. In order to conclude the purchase contract, the Customer who intends to place a purchase order for one or more Products on the Website, must fill in the electronic order form and send it to the Vendor via e-mail, following the relevant instructions.
2.4. The order form contains reference to these General Conditions of Sale, as well as a summary of the information on the essential characteristics of each Product ordered, the relative price, the means of payment accepted, the shipping methods of the Products purchased, any shipping costs, the conditions for exercising the right to withdrawal, the methods and times for returning the purchased Products.
2.5. Before purchasing any Products by transmitting the order form, the Customer is required to carefully read the General Conditions of Sale and the Return Policy and to save or reproduce a copy for his/her personal use.
2.6. Before proceeding with the transmission of the order form, the Customer can identify and correct any data entry errors.
2.7. By submitting the order form, the Customer declares to have understood and accepted its contents, as well as the General Conditions of Sale and Use of the Website. The order won’t be executed if these contents are not fully accepted.
2.8. Product prices are subject to change without notice; the Customer shall check the final sale price before submitting the relevant order form.
2.9. The contract is considered to be concluded once the Vendor receives the order form by e-mail, after verification of the correctness of the order-related data.
2.10. The Vendor reserves the right not to process purchase orders that are incomplete or incorrect, or that do not give sufficient guarantees of solvency or in the event of unavailability of the Products. In these cases, the Vendor shall inform the Customer promptly (and in any case within fourteen (14) days from the day after the transmission of the order to the Vendor) via e-mail, that the contract has not been concluded and that the Vendor has not followed up the purchase order, specifying the reasons. In the event that the Customer has already forwarded the order form and the related payment, the Vendor will refund the amount paid.
2.11. Once the contract is concluded, the Vendor will process the purchase order and will send the Customer, via e-mail, a receipt containing the information already present in the order form, the description of the essential Product characteristics and price details, the means of payment and any shipping costs.
2.12. The order form will be filed in the Vendor’s database for the period of time necessary to fulfil orders and, in any case, in compliance with the law. To view each order, the Customer can access his/her profile and consult the appropriate section of the Website.
3. Characteristics of the goods on sale
3.1. The Website offers only original Products carrying the Marco Proietti brand.
3.2. The essential characteristics of the Products are available in each Product sheet. However, images and colours may vary from to the actual Product due to the Internet browser and/or monitor/display used.
3.3. The Vendor provides the legal guarantee of conformity for the Products in accordance with the provisions of Part IV, Title III of the Legislative Decree 6 September 2005 no. 206 (so-called “Consumer Code”). This guarantee provides that the Vendor shall be held liable for any lack of conformity that becomes apparent within two (2) years as from delivery of the goods. To enforce the guarantee of conformity, the Customer, under penalty of forfeiture, shall notify to the Vendor any defect of the Product purchased within two (2) months from the discovery thereof. In the event of a lack of conformity reported within the established terms, the Customer can choose to ask the Vendor to repair the Product or replace it, at no charge in both cases, unless the remedy requested is objectively impossible or excessively expensive with respect to the other option. The Customer can also choose to request an appropriate reduction in the price or the termination of the contract in cases where the repair and replacement are impossible or excessively expensive, or the Vendor has not repaired or replaced the goods within a reasonable time or the replacement or repair previously carried out has caused significant inconvenience to the Customer. In order to enforce the guarantee of conformity, please keep and provide upon request the purchase documents of the Product. For further information on the legal guarantee of conformity for consumers, please consult the Consumer Code.
4.1. The methods of payment for the Products and any shipping costs are indicated in the order form and are an integral part of these Conditions of Sale.
4.2. The purchase price for the Products and any shipping costs, as indicated in the order form, will be charged at the time of purchase.
4.3. In the case of shipments to countries where customs duties and/or other charges apply, the same shall be charged to the Customer and will not be displayed in the “Shopping Cart” or in the “Total Purchase Price”. The Customer is therefore advised to inquire about any expenses that may be applied by the country of destination once the Products have been received.
5. Shipping of the Products
5.1. The purchased Products shall be shipped by courier and is free only for Italy. For all other destinations, For all other destinations, the shipping cost is automatically calculated in the shopping cart. Shipping times include working days only. The shipping time may vary for tailor-made or customized Products and will be communicated to the Customer via email.
5.2. The order must be made directly from the site of the country where the purchased Product will be delivered. Orders placed from the site of a country other than that of destination, or to an address not accepted by the Vendor’s courier (P.O boxes or poste restante), will be automatically canceled.
Only for Italy, the Website is not allowed to ship to Livigno, Campione d’Italia, S. Marino and Vatican City.
6. Right of withdrawal
6.1. The Customer has the right to terminate the contract concluded with the Vendor without incurring any penalties, within fourteen (14) days of receipt of the Products purchased on the Website.
6.2. To exercise the right of withdrawal, the Customer must:
- – send a return request to firstname.lastname@example.org by attaching the duly completed return form which can be found inside the Product packaging;
- – send back the Products to the Vendor delivering them to the courier for shipment, as detailed in the following paragraphs;
- – wait for the acceptance confirmation by the Vendor and the consequent refund.
- – bear the cost of returning the purchased Products.
6.3. The right of withdrawal – in addition to compliance with the terms and methods described in the previous paragraphs – shall be deemed correctly exercised once the following conditions have been fully met:
- – the return form must be correctly completed and submitted to the Vendor within fourteen (14) days of receipt of the Products you intend to return;
- – the Products must be returned in a new and unused state and not have been worn, washed, damaged or altered in their essential and/or qualitative characteristics;
- the Products must be returned in perfect condition and in their original packaging containing any packaging accessories. The Products must be returned together with their original packaging, which is considered to all intents and purposes an integral part of the product itself and that should not have been in any way damaged and/or altered, or used as a single outer packaging. The shoes’ soles must be returned in perfect conditions and should not show any use signs. The protective coating on the sole shall not be removed or damaged, as well as the tag, which must be intact, neither cut nor broken. Caution is recommended in testing the Products by placing them on soft surfaces;
- – the Products must be returned with a trackable shipping in their original packaging completely intact and undamaged. No returns of Products belonging to the same order sent at two different times or from a different country than the one in which the order was delivered will be accepted.
- – returned Products must be delivered to the courier within fourteen (14) days from the date on which the Customer sent the return request to the Vendor using the relevant form.
6.4. The right of withdrawal may not be exercised in relation to:
- – tailor-made or customized Products;
- – Products that could deteriorate or expire rapidly;
- – sealed Products that are not suitable for return due to health protection or hygienic reasons and that have been unsealed after delivery;
- – Products which are, after delivery, inseparably mixed with other items.
It is understood that the exclusion of the right of withdrawal mentioned above shall be without prejudice to the legal conformity guarantees and the fact that customers are not liable for defective products.
6.5. Should the right of withdrawal be exercised, the chosen Product cannot be directly replaced with another, and the same applies to different shoe sizes; in order to purchase a new Product, the Customer must place a new and distinct order from the previous one.
6.6. In cases where the methods and terms for exercising the right of withdrawal as set in this paragraph are not respected, the Customer is not entitled to any refund of the amount already paid to the Vendor; however, the Customer may, at his own expense, get the Products back in the state in which they were returned to the Vendor. Otherwise, the Vendor shall hold the Products together with the sums already paid for their purchase.
7. Refund Times and Methods
7.1. After the Products have been returned, the Vendor shall perform all necessary assessments of their conformity with the terms and conditions set out in paragraph 6. If the checks are successfully concluded, the Vendor will send the Customer an e-mail confirming acceptance of the returned Products, and will make the refund using the same payment method chosen by the Customer.
7.2. Whatever the payment method used by the Customer, the Vendor makes the refund, subject to verification of the correct execution of the right of withdrawal, as soon as possible and in any case within fourteen (14) days of receipt of the returned Products by the Vendor.
7.3. The Vendor will reimburse using the same payment method chosen by the Customer at the time of purchase. Where the right of withdrawal is exercised and there is no correspondence between the name of the recipient of the Products indicated in the order form and that of the person who made the payment of the amounts due for their purchase, the refund will be made by the Vendor, in favour of the person who made the payment.
9. Applicable Law and Dispute Resolution
9.1. These Conditions of Sale must be interpreted in conformity with the Italian law and in particular with the provisions of the Legislative Decree 6 September 2005 no. 206 (so-called “Consumer Code”), with specific reference to the legislation on distance contracts and the Legislative Decree 9 April 2003 n. 70 on certain aspects of trade.
9.2. In the event of any dispute between the Vendor and each customer, the local courts of Italy shall have exclusive jurisdiction over such dispute arising under or in connection with these Conditions of Sale.
9.3 Since the Vendor will always endeavour to resolve any disputes amicably, we inform you that, according to Article 14 of Regulation (EU) no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform was established by the European Commission for the resolution of ODR (“online dispute resolution”) deriving from the purchase of online goods accessible al the following:
Through the ODR platform, the Customer can consult the list of ODR organisms, find the link to each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
10. Modification and updating
10.1. These Conditions of Sale can be modified, also in consideration of possible regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Website. Consumers are therefore invited to regularly access the Website and consult the most updated version of the Conditions of Sale before making any purchase.
10.2. The Conditions of Sale applicable to each contract concluded through the Website are those in force on the date of the purchase order submission.
11. Customer Service
11.1. For any information, please contact our Customer Service at the following e-mail address: email@example.com.
12. Pre-Order Terms & Conditions
A pre-order is the reservation of a product not yet available on the Website, but soon to be released. For each pre-order product, the estimated shipping date will be indicated in the relative product sheet.
In the case of mixed orders that include both already available products and pre-order items, the products will be dispatched at different times and the shipping costs will be charged for each individual shipment, as further specified in Article 5 above.
For orders containing more than one pre-order products, if they are not available at the same time, the relative shipments will take place at different times and the shipping costs will be charged for each individual shipment, as further specified in Article 5 above.
How to set up a pre-order?
When a product is available for pre-order, it is displayed on the relevant page of the Website with a button labeled “Pre-Order Now”. By clicking on “Pre-Order Now”, the product is added to the cart. Once the booking procedure is completed, the pre-order will be confirmed via e-mail.
The Customer can cancel an order before receiving the e-mail confirming the shipment of the product by contacting our Customer Service.
The purchase of pre-order items can only be made by Credit Card; therefore, to complete the pre-order, you will need to enter your credit card information.
The price of the products purchased and any shipping costs indicated at the time of booking will be charged to the credit card upon completion of the order.