Terms of service
Effective as of 10/09/2019
These General Terms and Conditions regulate the sales of products through the website www.marzerimilano.com (the “Website").
The products marketed on the Website (hereinafter, the "Products") are supplied and sold by Tob Italia srl.
1. Website NavigationThe supply and sale of Products on the Website represent a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 ("Italian Consumer Code") and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.
The General Terms and Conditions apply to all sales processed by TOB ITALIA on the Website and are those in force at the date of the purchase order.
The General Terms and Conditions may be changed at any time. Any change and/or new condition shall be effective as of their publication on the Website, in the "Legal" section. Users are asked to visit this section on a regular basis prior to any purchase to read the most recent version of the General Terms and Conditions.
2. Purchasing through the Website
The purchase of Products through the Website is only allowed for persons that are at least 18 years old.
TOB ITALIA reserves the right to refuse or cancel orders placed by:
i. a user with whom the company has ongoing legal disputes;
ii. a user who has previously breached the conditions and/or terms of goods agreement with TOB ITALIA;
iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments;
iv. users who have provided false, incomplete or inaccurate identification data, or have failed to promptly send TOB ITALIA the information and/or the documents requested in relation to the procedure
3. Registering on the Website
The purchase of Products on the Website may take place after a free registration within the Website.
The user hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful.
Registration on the Website implies acceptance of the General Terms and Conditions.
4. Information Required for Entering into an AgreementIn accordance with Legislative Decree of April 9, 2003, No. 70 containing provisions related to electronic commerce (e-commerce), TOB ITALIA hereby informs the user that:
i. to conclude the sale of goods agreement of one or more Products on the Website, the user must fill out an order form in electronic format following the instructions on the Website;
ii. the agreement is concluded when the order form reaches the server of TOB ITALIA;
iii. before submitting the order form, the user will be able to identify and correct any errors in the inserted data, by following the instructions on the Website;
iv. once the order form has been submitted and upon confirmation of the validity of the payment method used TOB ITALIA will send the user, at the provided e-mail address, an order confirmation
v. the order form will be filed in the database of TOB ITALIA for the time required for the completion of the agreement and, in any case, according to the procedures and time limits set forth by law. To gain access to their order form, the user must access the "My Account - my orders" section of the Website.
5. Product AvailabilityThe Products offered are MARZERI-branded and their availability is constantly monitored and updated. Nevertheless, since the Website is visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable since restocking is necessary.
If the Product is for this reason unavailable (or in other cases of unexpected unavailability) TOB ITALIA will immediately inform the user by e-mail. The user will therefore be entitled to terminate the agreement. Alternatively and without prejudice to this right, the user might accept one of the following TOB ITALIA proposals:
i. If the Product becomes available again: delayed delivery, with indication, on the part of TOB ITALIA, of the new term of delivery for the Product;
ii. if the Product becomes permanently unavailable: the supply of a different Product, of equivalent or higher value, upon payment, in the latter case, of the difference, upon the prior express approval of the user.
If the user avails themselves of the right to terminate the agreement and the payment of the total sum due has already been made, TOB ITALIA will refund the customer without undue delay and, in any case, within 15 business days of the day on which of the order was placed. The user shall be informed of the refund by e-mail and the sum will be credited to the user with the same form of payment used for the purchase. If the payment was made by means of a bank transfer, TOB ITALIA will request the user to provide their bank account details for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum.
Pre-Order and Back-Order Products
TOB ITALIA reserves the right to:
i) offer the user the opportunity to purchase in advance Products belonging to new collections before they are even manufactured. ("Pre-order Products")
ii) offer the user the opportunity to purchase Products which, even if not currently available in the electronic catalog of the Website (because momentarily out of stock, for instance), may be selected by the user for purchase. ("Back-order Products"
Pre-order and Back-Order Products will be identified by the terms “Pre-Order” and “Back-Order”. The Product Information Sheet shall specify the date on which the Pre-order or Back-Order Product becomes available, during the whole purchase procedure, and, in any case, before the user is bound to the sale of goods agreement of the Pre-order or Back-Order Products. Pre-order or Back-Order Products can be purchased and paid for by the user through the same payment methods specified in the General Terms and Conditions.
The effective charge of the Total Sum Due for the Pre-order or Back-Order Products will take place at the moment of the order.
Custom Made Products5.7 TOB ITALIA reserves the right to offer the user the opportunity to purchase Custom Made Products (products that, starting by a base model, the user may customise with the options available from time to time - "BY REQUEST"). The Product Sheet for each Custom Made Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the sale of goods agreement of the Custom Made Product, will specify the date from which the delivery term for the Custom Made Product runs.
Users are reminded that, for Custom Made Products, both the right to have the Product replaced and the right of withdrawal do not apply.
6. Product Information
Each Product is accompanied by a product information sheet illustrating its main features ("Product Sheet"). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.
Images on MARZERIMILANO.COM belong to TOB ITALIA SRL and any unauthorized use of these images is forbidden.
All the prices of the Products published on the Website are provided in EUR and are inclusive of Value Added Tax - VAT.
TOB ITALIA hereby reserves the right to change the price of Products at any time, without prior notice.
The price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.
If a Product is offered on the Website at a discounted price, the Product Information Sheet shall indicate the full price with respect to which the discount has been calculated.
8. Purchase orders
The Products remain the property of TOB ITALIA until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the sale of goods agreement shall be considered legally terminated in accordance and for the purposes of Article 1456 of the Italian Civil Code. The user shall be informed by e-mail of the agreement termination and of the subsequent cancellation of the order.
TOB ITALIA will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage to the Product(s) which cannot be attributed to TOB ITALIA, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).
In the event that, after the purchase of a Product and its delivery to the user, the user wishes to replace it, the replacement shall occur within 10 days of the date on which the Product that the user purchased has been delivered, provided that:
(i) the Product is intact, complete in all its parts, and equipped with all accessories, illustrative sheets, identification tags, and labels, placed inside its original packaging.
If TOB ITALIA verifies that the replacement procedure has been correctly followed by the user, TOB ITALIA will:
(i) Refund the amount paid for the Product within and no later than 3 working days of TOB ITALIA receiving the parcel containing the item the user is returning. The refund will occur through the same payment method used for the initial transaction. The user will be also sent a refund confirmation e-mail;
(ii) charge the user with the price of the item they have requested as a replacement once TOB ITALIA sends it to the user (regardless of the price being the same, lower or higher compared to that of the product originally purchased) through the same payment method used for the initial purchase. At the time of shipping the user will be sent a shipping confirmation e-mail;
(iii)deliver the item the user has selected as a replacement once TOB ITALIA receives the parcel with the item the user means to replace
9. Payment Methods
The payment on the Website can be made:
● by credit card.
● by PayPal.
● by bank transfer
If the user accepts to pay via bank transfer, Customer Services will send them an e-mail including the bank account details for the bank transfer. The payment of Products via bank transfer should be made within and no later than four business days of receipt of the e-mail. Failure to comply will cause the automatic termination of the agreement in accordance with and for the purposes of Article 1456 of the Italian Civil Code. The termination agreement, of which the user will be notified via e-mail, will entail the cancellation of the order.
In case of payment via bank transfer, the delivery term of the Product(s) will run from the bank transfer receipt date on the part of TOB ITALIA, or from the date on which the bank transfer is confirmed as having been ordered in favor of TOB ITALIA, whichever comes first. To facilitate the connection between bank transfer payment and the order, the user is required to specify:
- Order number;
- Date of transmission of the order;
- First and Last name of the person who placed the order when different from the bank account holder's name.
It is advisable for users to promptly send TOB ITALIA, via e-mail, the receipt for a successfully completed bank transfer.
As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with TOB ITALIA.
TOB ITALIA is thus unable to know, or memorize in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to said account.
If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user ("Refund Amount") shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favor of the said account, TOB ITALIA shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any such problems, the user shall contact PayPal directly.
9.8 In any case, the invoice shall be issued upon delivery and shall be sent via e-mail to the user, at their registered e-mail address.
10. Product Delivery10.1 Delivery is free and is carried out at the delivery address indicated by the user in the order form
At the time of shipping (i.e., the moment the Products are transferred to the courier), the user shall be sent an e-mail confirming the delivery and containing a link allowing them to track the delivery.
The obligation to deliver is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) to the user.
It is the responsibility of the user to check the conditions of the Product upon delivery. Provided that the risk of loss or damage to Products, not attributable to TOB ITALIA, is transferred to the user when the user or a third party designated by latter other than the courier materially gains possession of the Products. The user is strongly advised to check the state of the packaging and the number of Products received and the user is requested, where possible, to indicate any anomalies in the transport document of the courier. If the package displays signs of tampering or alteration, the user should immediately communicate this to email@example.com, it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply.
The user acknowledges that collection of the Product is their specific obligation deriving from the sale of goods agreement. In the case of failed delivery due to the absence of the consignee at the address specified in the order form, the courier shall leave a notice in the letterbox specifying a contact number. The courier shall thus make a second delivery attempt. After two failed attempts to deliver the product, the parcel shall be placed in the "unclaimed goods" section. The Customer Service department shall thus send an e-mail to the user in order to unblock the unclaimed parcel and ensure that the parcel is delivered as soon as possible. If necessary, the Customer Service department shall arrange with the User a change in the delivery address. If this attempt should fail or the user does not reply to the Customer Service department's contact attempt, the Product shall be returned to TOB ITALIA and, in any case, 30 business days after the first attempt at delivery, the agreement shall be deemed terminated and the purchase order shall be considered cancelled in accordance with Article 1456 of the Italian Civil Code. TOB ITALIA shall thus proceed, within 15 business days from the termination of the agreement, with the refund of the Total Sum Due paid by the user, deducting the expenses for the unsuccessful delivery of the Product, the expenses for returning the product to TOB ITALIA and any other expenses it may have incurred due to the absence of the consignee. The user shall be informed of the termination of the agreement and the amount of the refund by e-mail. The refund shall be credited to the same means of payment used by the user for the purchase.
If, before the expiry of the thirty days, the user asks to receive the Product again, TOB ITALIA shall arrange for the new delivery upon charging, other than the expenses for delivery, the expenses for returning the Product to TOB ITALIA and the expenses for storage.
11.1 The consumer has the right to withdraw from the sale of goods agreement for the Product without stating the reason and without incurring in additional costs and expenses within ten calendar days.
The withdrawal period ("Withdrawal Period") expires after 10 days:
a) in case of a single Product order, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product;
b) in case of Multiple Orders with separate deliveries, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product delivered last.
To exercise the right of withdrawal, the user must inform TOB ITALIA, prior to the expiry of the Withdrawal Period, of their decision to withdraw.
For this purpose, the user may submit a mail to firstname.lastname@example.org an express statement in which they explicitly state their decision to withdraw from the agreement ("Statement of Withdrawal"), specifying the order number, the Product/s for which said right is being exercised and their address.
Once the right is exercised, the user must arrange for the Products to be returned to TOB ITALIA without undue delay, and in any case before 14 calendar days from the date the user has informed TOB ITALIA of their decision to withdraw from the agreement. The term is observed if the user hands over the Product/s before the expiry of the previously mentioned 14-day period to the courier specified by TOB ITALIA or, based on the relevant circumstances, to a courier of choice
If the user withdraws from the agreement, TOB ITALIA shall refund the Total Sum Due paid by the user for the Product no later than 14 calendar days from the date on which TOB ITALIA was informed of the user's decision to withdraw from the agreement. The refunded amount shall be notified via e-mail; the refund will occur by using the same payment method employed for the original transaction unless otherwise specified by the user.
The user is solely liable only for the decrease in value of the Product resulting from a handling of the same other than that strictly necessary to establish its nature, features, and functions. The Product shall be kept, handled and examined with the level of care to be normally expected and returned complete in all its parts, perfectly functioning, equipped with all accessories and information leaflets, with the identification tags and labels, when present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Furthermore, the right of withdrawal concerns the Product as a whole. Therefore, it cannot be exercised in relation to parts and/or accessories of the Product.
If the withdrawal is not exercised in accordance with the applicable law, it shall not lead to the termination of the agreement and, as a consequence, shall not give rise to any right to a refund. TOB ITALIA shall inform the user within 5 working days of receiving the Product, rejecting the request for withdrawal. In case the Product has already reached TOB ITALIA, it shall remain at the latter’s premises and will be available to the user for collection, which will take place at the expense and liability of the user themselves.
If the right of withdrawal does not apply, this exemption shall be expressly and specifically indicated in the Product Information Sheet and, in any case, during the purchase process, before the user places the order.