GENERAL TERMS AND CONDITIONS OF SALE

 

Article 1 - Subject
Subject The subject of the General Terms and Conditions of Sale is the remote purchase of products using internet through the website www.esseduemurano.com belonging to the company ESSE2 s.n.c. di Serena C. e F. & C. with registered office in RamoBarovier 7 – 30141 Murano and registered to the company register of Venice, tax ID no. and registration no. 03570250278 REA 319989. Privacy protection is subject to the Legislative Decree 196/2003 ''Privacy Code''. ESSE2 On-Line reserves the right to change the General Terms and Conditions at any time, provided that for the Sale and Purchase Agreement the applicable conditions are those published on the On-line Shop at the time when the order is placed by a client. Should any contrast arise between the General Conditions and any other terms and conditions concerning the sale and purchase agreements published on the on line shop the applicable conditions are those in favour of the Clients. Each purchase made by the consumers (i.e. natural persons acting for different purposes than their professional or entrepreneurial activity who buy products for personal use only) is subject to the provisions under Leg. Decree 206/2005 (Consumers' Code); for purchases made by dealers, wholesalers, retailers, professionals who buy products for non-personal use, the purchasing procedures are subject to the norms of the Italian Civil Code.


Article 2 - Acceptance of the General Terms and Conditions of Sale
The General Terms and Conditions of Sale and the Privacy policy must be examined by the customer on the website www.esseduemurano.com before completing the order. Therefore, continuing with the order implies that the user is fully aware and fully accepts the said terms and conditions; if the conditions are not read and accepted it is not possible to continue with the order. By placing the order, the Clients declare to have gone through and accepted all the general terms and conditions of sale including payment conditions, to have carefully and thoroughly read the Privacy policy, to be aware of their contents and to have agreed on data treatment; by placing the purchase order the Clients unconditionally accept the terms and conditions and commit to integrally comply with them, including the payment methods Once the purchase procedure has been completed, the Clients commit to print and keep these General Terms and Conditions of Sale pursuant to articles 52 and 53 of the Legislative Decree 206/2005

 

Article 3 - Purchase method
The products are purchased by the Client at the shown price in force (expressed in Euro). This price is intended as VAT included (21%) if the Clients are Consumers (i.e. natural persons buying with different purposes than professional or entrepreneurial business and buying products for personal use only) and as VAT excluded if the Clients are Professionals (dealers, wholesalers, retailers and professionals who buy products for non-personal use). The Price does not include the shipping costs. ESSE2 On-Line reserves the right to charge the Client for shipping fee which may vary according to the kind of delivery and destination. Any duties, taxes, customs and other fees provided for by the laws of the countries where the products are delivered will be entirely paid by the Clients upon delivery of the products to the tax-paying office or to customs or to the carrier in charge of the delivery. Before the purchase is confirmed, the Client will be shown a summary of each selected product, the total order line, the order total cost if more than one product has been purchased and any shipping costs. The Sale and Purchase Agreements are considered as concluded among the Parties when the Clients receive the Purchase confirmation. The orders will be stored in the database of the On Line Shop according to the methods and in compliance with the provisions pursuant to Legislative Decree 30.06.2003 no. 196 (“Privacy policy”) and may be supplied by contacting ESSE2 On-Line. The items shown in the On Line Shop are only made on request and therefore they need a production time by approximately 15/20 days. Afterwards, when sending the Purchase Confirmation, ESSE2 On-Line commits to send the Clients an email to inform them about the expected shipping date.


Article 4 - Order placement method
The Clients "Consumers" (natural persons acting for different purposes than their entrepreneurial, commercial, hand crafting or professional activity) do not need to sign up in the On Line Shop to place an order. On the other hand, the "professionals" (natural or legal persons performing their own entrepreneurial, commercial, hand crafting or professional business or their middle person) shall log in to the On Line Shop by entering all the "required" data and by choosing a "password" to place an order. All Clients can buy products by selecting them in the On Line Shop section corresponding to the desired product type and adding them to the "basket". Should Clients wish to purchase more than one product, they shall repeat the same procedure above by clicking on "add more products". After selecting the products, the Clients shall click on "purchase". After checking that all data concerning the selected product(s) and the shipping data are correct, the Clients shall select the method of payment under Art. 5). After selecting the method of payment, Clients can place the order by clicking on "complete order".


Article 5 – Method of payment
The Clients can pay the product and the shipping cost under Art. 3 using Paypal or by bank transfer or other methods of payment which may be indicated by ESSE2 On-Line in the On-Line Shop. ESSE2 On-Line reserves the right to change, at any time, the methods of payment that the Clients can use, without prejudice to the fact that those published at the time of the order placement will be considered usable by the Clients. If the payment is made by an advanced bank transfer, the Clients must use the banking information provided in the On-Line Shop, and the reason of the payment will be the order number sent by ESSE2 in the Purchase Confirmation. If the payment is made through Paypal, the web session will be transferred to the safe website of PayPal when the order is placed by the Clients. On this website, the Clients shall pay the Price and the shipping cost under Art. 3 using their own Paypal account according to the conditions of use provided for in the Paypal agreement signed by the Clients at that time or previously. Clients are charged for the Price and the shipping costs under Art. 3 on their Paypal account and at the same time ESSE2 On-Line will send them the Purchase Confirmation. Should the Clients require an invoice, ESSE2 On-Line will send it by email when the order is placed. The data provided by the Clients will be used for the invoice. It will not be possible to make changes in the invoice after it has been issued by ESSE2 On-Line. Pursuant to this article the information received by ESSE2 On-Line will only be used to carry out the procedures concerning the sale of products and for the refund procedures should the Clients exercise the right of withdrawal under Art. 7.


Article 6 – Product Shipping and Delivery
ESSE2 On-Line shall not start with the production of the Products before the Price has been paid; after receiving the payment, ESSE2 On-Line commits to produce and send the products by courier within the set times under Art. 3. ESSE2 On-Line guarantees to ship the Products to the countries as shown in the On Line Shop, by courier selected from time to time according to the Product ordered and to the destination country. The Products are shipped by ESSE2 On-Line and delivered by the carriers selected by ESSE2 On-Line to the address supplied at the time of the order. ESSE2 On-Line shall commit to do anything possible to ship the Products through the carriers selected according to this Article: - in Italy within 48 hours from the shipping date; - abroad within 10 days from the shipping date. The above delivery terms shall not in any case be considered binding and ESSE2 On-Line, not being able to directly control the Product deliveries after the shipping, shall not be held liable if they are not respected. Clients can track the stage of the shipment thanks to the on-line function "Order Tracking" provided by the carrier selected by ESSE2 On-Line for the delivery. This check can only be made by the Clients after the shipment using the tracking data provided by ESSE2 in the email concerning the "Shipment confirmation". At the time of delivery the Clients or other people appointed by the Clients finding themselves at the address supplied for the product delivery in the Order Confirmation shall check that: (I) the Products correspond to what is written in the carrier's transportation document both number wise and type wise; (II) the product packaging is intact, undamaged, not wet and anyway untouched, including the sealing material. All damages to the Product packaging shall be immediately notified by the Clients by expressing a written reservation of control on the document confirming the delivery by the carrier. Nonetheless, it is understood and agreed that if the transportation document is signed with no objection, the Clients may not make any objection to ESSE2 On-Line about the external characteristics of the product delivered. The Products can be delivered by carriers only to the Clients or to people authorized by them; the person receiving the products shall append his/her signature to certify the delivery. The carriers shall not deliver to post office boxes or leave the products in the mail box or other similar places.


Article 7 – Right of withdrawal
If the Clients are "consumers" (i.e. natural persons buying with different purposes than entrepreneurial, commercial, hand crafting or professional activity), the Clients have the right to withdraw from the Sale and Purchase Agreement within 10 working days of receipt of the goods purchased pursuant to Art. 64 of the Legislative Decree 206/2005. To withdraw, the Clients must send written notice to ESSE2 On-Line via registered mail with notice of receipt, previously announced via e-mail, to the address given in Article 1, containing:(I) a statement expressing the desire to withdraw; (II) mention of the Order resulting in the Sale and Purchase Agreement from which the Client wishes to withdraw. In the event the Clients exercise their withdrawal right under this article:(I) the Clients undertake to return the Products within 10 business days from the date of sending of the abovementioned registered letter to ESSE2 on-line;(II) all costs related to the return of the Products are borne solely by the Clients;(III) ESSE2 On-Line undertakes to refund the Price as quickly as possible, and in any case, within 30 days of the date of receipt of the abovementioned registered letter provided: - the Products have been returned and are intact; - the Products’ original packaging is also returned and is intact; - the Products have not been used; (IV) ESSE2 On-Line will inform Clients of Price refund procedures and may, to this end, ask Clients for their banking information (IBAN and name of the bank account holder). Should Clients decide to withdraw in a way that does not comply with the terms and conditions of this article, the Clients will have no right to be refunded the Price. Alternately, in withdrawing under this Article 7, “consumer” Clients (as defined in Article 1) may choose to “change products” under the terms and conditions agreed with ESSE2 On- Line


Article 8 – Quality assurance.
All our products are first quality, guaranteed Murano glass. Small changes in shape, size, colours as well as small imperfections or little air bubbles in the glass are inevitable and typical of the hand glass making process.


Article 9 - Privacy
ESSE2 On-Line hereby states that all personal data supplied by the Customer are processed pursuant to the Legislative Decree 196/03 and following amendments. All details concerning the treatment of data are provided in the Privacy Policy.


Article 10 - Intellectual Property
All intellectual property rights connected to the on line shop (including the contents) remain the property of ESSE2 s.n.c. di Serena C. e F & C. The On-line Shop and its contents may not be reproduced, integrally or partially, nor transferred through electronic or conventional means, nor modified, connected or used to any end without the written consent by ESSE2 s.n.c. di Serena C. e F. & C.


Article 11 – Governing Law and Jurisdiction
These terms and conditions and Sale and Purchase Agreements are to be construed in accordance with the laws of Italy and in particular with the Civil Code and Consumers' Code. In the event of any dispute or claim associated with these terms and conditions and/or with the Sale and Purchase Agreement, that dispute or claim shall be subject to the exclusive jurisdiction of the Venice courts..


Article 12 - Contacts
For further information and assistance with the On-Line Shop or with the purchase methods on the On-Line Shop or about the Sale and Purchase Agreement, the Clients can contact ESSE2 On-Line by e-mail at the address [email protected] or on the phone at the number +39 041 736310

 

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