Terms and conditions

Terms and Conditions of Sale

This document contains the conditions governing the purchase of the items of the website www.marionzimet.com (hereinafter “Website” or “Marion Zimet”)

The items purchased on the website are sold by ICOMMERCE s.r.l. (hereinafter “ICOMMERCE”), with registered office in Viale Gramsci 5, 80122 Naples, Italy. Registered in the Company Register of Naples n. 837637, VAT number 06760371218 telephone +39 0810900057, fax +39 081649371, e-mail info@marionzimet.com. The sales prices are expressed in Euros and include VAT.
At ICOMMERCE S.r.l., we reserve the right to change our product’s prices at any time without further notice, whilst leaving intact the consumer’s rights related to the prices at the time of the order.
The offer and sale of the products on the website comply with the provisions of Legislative Decree n. 206/2005 (so-called Consumer Code) and subsequent amendments, as well as those provided for by Legislative Decree 9 April 2003, n. 70.

Shipping Times
Express courier

A) Day 0 (receipt of the order):

The back-office processes orders received by 3 pm, while those received after 3 pm will be processed on the following working day. Orders received on Saturdays, Sundays, or holidays will be processed on the first working day following the order.
If the goods are available, the order is processed according to the payment method chosen, and in particular:

if the chosen payment method is a credit card, PayPal, Amazon Pay, Scalapay or cash: the order is processed the same day.
if the payment method chosen is bank transfer: the order is processed once the amount is displayed on the ICOMMERCE S.r.L. accounts.

B) Day 1 (courier):

The day after the order has been received, a transport document, a purchase receipt, and a purchase invoice are processed, including address details and notes on the order. The Courier Shipping Agent collects the goods by 6 pm.

C) Day 2 (assignment of the tracking number):

The courier will assign a tracking number to the goods and send it to the customer via mail on the following working day. The order details will also be displayed in the reserved area on the courier website for order status and delivery updates.

D) Day 3 (delivery of goods):

The courier will deliver the goods to the address indicated by the customer at the time of order confirmation.
However, the delivery times indicated may vary according to the requested item, the payment, and the customer’s chosen delivery method. Therefore, the delivery times are merely approximate and cannot be considered binding for ICOMMERCE S.r.L.
However, ICOMMERCE S.r.L. will commit to delivering the purchased products without undue delays and, at the latest, within thirty days from the date of purchase.

Product Information
The images and descriptions reproduce the characteristics of the garment as closely as possible. However, the colours of the products may differ from the real ones due to the settings of the computer systems or devices used. Furthermore, the images of the products may vary in size and/or in relation to any accessory products. These images must therefore be intended as approximate and with the tolerances of use. For this agreement, the product’s description in the order will prevail.

Tax Documentation
For each order placed as a “Private Customer”, MARION ZIMET will issue a “purchase receipt” valid as a receipt.

If you wish to receive an invoice, you must mention it beforehand in the “Order Notes” box on the “Shopping Bag” page, entering the tax code or VAT number. In the case of a “Company” or “Sole proprietorship / Professional”, the “Company name” field must also be filled in.

In any case, for the issuance of the tax document, the information provided by the customer at the time of the order will be considered valid.
Getting an invoice will not be possible if the customer fails to require it as per the above procedure.

Order processing
ICOMMERCE S.r.L. guarantees the receipt and acceptance of purchase orders until 3 pm from Monday to Friday. Orders received after this time and those received on Saturdays, Sundays or other holidays will be processed on the first working day following the order. Any decreases in working hours or interruptions of sales services at particular times of the year, which could lead to delays in delivery times, will be promptly highlighted at the time of the order, and it will be the customer’s discretion to proceed with the order confirmation or not.

Upon receiving the goods, the customer is required to check:

That the number of packages delivered matches the one on the transport document.
That the packaging is intact and not altered even in the closing tapes.

In case of tampering or breakages, the customer must immediately contest the delivery by adding “RESERVE FOR DAMAGED PACKAGING” on the document’s copy and return it signed to the courier. In any case, without prejudice to the terms for the legal guarantee, the customer must promptly notify any tampering and / or breakage of the packaging by registered letter, fax, or certified email, no later than eight calendar days from receipt of the goods.

References:

Email: customer@marionzimet.com
Pec: icommercesrl@pec.it
Fax: +39 081 649371
Address: ICommerce S.r.l. – Viale Gramsci, 5 – 80122 – Naples, Italy

Customers are required to include at least one telephone number so that the courier can contact them in case of any issues during the delivery process; if the delivery is not successful for reasons not attributable to ICOMMERCE S.r.l. or the courier for more than five consecutive days, the order will be considered cancelled.

Legal guarantee of conformity and conventional guarantee
All products on the MARION ZIMET website benefit from a mandatory legal guarantee of conformity.
Suppose the customer is a private consumer (a natural person who purchases the goods for purposes unrelated to his professional activity or makes the purchase without indicating a VAT number in the order form). In that case, he may avail himself of the legal guarantee of conformity in the application of Articles 128 and followings of the Consumer Code, when a lack of conformity is found within twenty-four months from the date of delivery of products (the product has defects or does not correspond to the characteristics declared on the website or the label or in advertising).

In order not to forfeit the right to make use of the guarantee mentioned above, the customer must report the lack of conformity within two months of finding out, by sending a PEC to icommercesrl@pec.it or by sending a registered letter to: Icommerce Srl, Viale Gramsci, 5 – 80122 – Naples, Italy.
After twenty-six months, ICOMMERCE S.r.L. will not be responsible for any lack of conformity found by the customer. (The warranty can last a total of twenty-six months only if the defect in the product is discovered on the last day of validity of the warranty. Therefore, by reporting it within two months from this date, the overall duration will be twenty-six months.)

The legal guarantee of conformity applies exclusively to the product that lacks conformity, when used correctly, in compliance with its intended use as indicated in the labels, maintenance and washing instructions, and the descriptive product sheets. In the event of a lack of conformity, ascertained by the seller, ICOMMERCE S.r.L. will refund the amount paid for the product at no cost to the customer. The customer must return the goods in the original packaging, complete in all its parts. To limit damage to the original packaging, we recommend placing it in a second box and not affixing labels or adhesive tapes directly to the original product packaging.
For the return of the non-compliant item, all transport costs will be borne by the seller. The customer will receive a product return authorisation number (RAN) which must be indicated outside the packaging, as per the instructions provided in the authorisation email.

Transport Insurance
Under Art. 63 of the Consumer Code, the risk of loss and damage to goods, for reasons not attributable to the seller, is transferred to the consumer when the latter, or a third party designated by him and different from the carrier, physically comes into possession of goods. However, the risk is transferred to the consumer upon delivery of the goods if the seller has not proposed the latter to the consumer, who has chosen it independently.
In the event that the customer finds anomalies at the time of delivery (damaged packaging or altered in the closing seals, damaged product, lack of one or more packages ordered), will have to accept the goods by writing on the document provided by the carrier: “ACCEPTED UNDER RESERVE”, mentioning the anomaly found.
To enforce the insurance coverage, it is not sufficient to note “ACCEPTED UNDER RESERVE” or “ACCEPTED UNDER RESERVE OF CHECKING”; the reason must be explained in detail. For example, suppose the package or product show visible damage, scratches, or any other type of anomaly, and the courier refuses to have a specific reservation. In that case, it will be necessary to reject the goods and report the incident immediately (or in a timely manner) to the Customer Service of ICOMMERCE S.r.l.
Anyhow, without prejudice to the seller’s obligations in terms of legal guarantee under Art. 128 and followings of the Consumer Code, ICOMMERCE S.r.l., will not be held responsible for any anomalies found on the product’s status after delivery if the customer, in the presence of an anomaly, has accepted the package without making a specific reservation (as mentioned above).
Any damage or anomalies must, in any case, be reported to Customer Service by opening a ticket in the “Customer Support” section. The request must be sent no later than eight calendar days from receipt of the goods.
Any report beyond the terms mentioned above will not be taken into consideration.

Right of withdrawal
ICOMMERCE recognises the right of withdrawal according to Art. 52 and followings of the Consumer Code. Suppose the customer is a consumer (a natural person who purchases the goods for purposes not related to his professional activity or makes the purchase without indicating a VAT number in the order form). In that case, he has the right to withdraw from the purchase contract without providing explanations and without any penalty. However, the product must be returned in compliance with resale (intact and complete with the original packaging).

The customer who wishes to exercise the right of withdrawal is required to notify this within fourteen calendar days from the date he acquires physical possession of the good. He may do so with an explicit declaration. The intention to exercise this right may be inferred (registered letter with return receipt, possibly anticipated by fax or email.
References:
– Email: customer@marionzimet.com
– Fax: +39 081 649371
– Address: ICommerce Srl – Viale Gramsci, 5 – 80122 – Naples, Italy.

For the correct exercise of the right of withdrawal by the customer, we specify that:

the user is solely responsible for the decrease in the value of the goods resulting from handling the product other than that necessary to establish the nature, characteristics, and use. The product must, in any case, be kept, handled, and inspected with usual diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal still attached to the product, intact and not tampered with, and perfectly suitable for its intended use and free from signs of wear or dirt. It is possible to exercise the right of withdrawal in relation to the product’s entirety and not for its parts and / or accessories.
the direct costs of returning the goods will be borne by ICOMMERCE, which reserves the right to check the returned goods to assess any damage and / or tampering. The consumer returns the goods without undue delay and, in any case, within fourteen days from the date on which he communicated his decision to withdraw from the contract.

According to Art. 59 of the Consumer Code, the right of withdrawal does not apply in the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and opened after delivery.

Refunds
ICOMMERCE will process refunds in one of the following ways:

Bank transfer if the customer paid by bank transfer and / or cash on delivery.
Credit card if the customer paid by credit card.
PayPal if the customer paid with PayPal.
Amazon pay if the customer paid with Amazon pay.
Scalapay if the customer paid with Scalapay

Sales contract
Following the termination of the purchase procedure, along with the shipment of the goods, ICOMMERCE will issue tax documentation, which will be attached to the product and can also be downloaded from the “Account” section. In addition, upon request, it can be sent by email to the order holder as required by former Art. 14 of Presidential Decree 445/00 and Legislative Decree 52/2004 and any other related regulation.
ICOMMERCE includes in the tax documentation the sole data provided by the customer at the time of the order, specifying that no changes will be allowed after the issuance of the same.

The customer can only purchase the products, as per the catalogue on the MARION ZIMET website, at the time of placing the order. The customer declares to be aware that the wording “available” of the displayed product is merely approximate. It may happen that, in conjunction with multiple purchases by multiple users, the selected product is not available anymore. As a result, ICOMMERCE reserves the right, once the order has been received, to verify the actual availability of any goods ordered and, failing that, to notify the non-acceptance of the order as mentioned above promptly.

ICOMMERCE confirms the correct receipt of the order by sending an email to the email address communicated by the customer, including all the data related to the order. The customer undertakes to verify its correctness and to share any corrections promptly. Having ascertained the actual availability of the goods, as well as the accuracy of the customer data, ICOMMERCE will send by email the final acceptance of the contract, which, only following the communication as mentioned above, can be considered concluded and stipulated between the parties for all purposes of the law.

By placing an order on the MARION ZIMET website, the customer declares to have read the terms and conditions of sale, its payment methods and the purchase procedures and claims to accept them without any reservation and to have received exhaustive information in this regard. Therefore, it is recommended to keep the emails sent by MARION ZIMET.

ODR
The EU Regulation n. 524/2013 and Legislative Decree no. 130/2015 introduced legislation favouring the out-of-court settlement of disputes between consumers and commercial operators relating to a product or service purchased online. To this end, a European Online Dispute Resolution platform (so-called ODR platform) was created, which can be consulted at http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer can send a complaint relating to a contract stipulated online with our company, thus activate the online dispute resolution procedure.

Use of the Website and Liability
The customer / user visits the website and uses its offered services offered with his discretion and responsibility. ICOMMERCE will in no case be held responsible for any direct or indirect damages (financial, monetary, economic losses) that may be suffered by users or third parties following the visit to the website, and / or the impossibility of accessing it, and / or the good or bad function of the same. ICOMMERCE is not responsible for the slowness or interruption of data transmission, the loss, disappearance, or alteration of data from viruses, whatever their origin, from the intrusion of third parties and, in general, from the use of the website or the inability to use it.
ICOMMERCE cannot be held responsible in the event of a partial or total loss of data from its IT systems; the customer / user is invited to continually safeguard the data sent. The processed images will be deleted from their systems within 15 days following the order. In the event of loss or damage to the media containing the data, ICOMMERCE will only replace the media with a virgin product of equivalent quality. The customer / user is solely responsible for the communications and the uploading of data on the website by himself. The indication of links to other websites is made as a convenience for the customer / user; ICOMMERCE cannot under any circumstances be held responsible for the content of the websites as mentioned earlier and for complaints or direct or indirect damage caused to a user or third parties by the content of such websites.

Applicable law
The sales contract between the customer and ICOMMERCE is concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes that may derive from the conclusion of this distance sales contract, if the customer is a consumer according to the Consumer Code, the territorial jurisdiction is that of the court of his town of residence or domicile; in all other cases, the territorial jurisdiction is exclusively that of the courts of Naples, Italy.