Terms of Use

Terms of Use

1. Applicability

This agreement relates to the online purchase of goods and/or services and is concluded remotely between the company Marmorata Freedom Machine S.r.l., headquartered in Roma (RM), Via Marmorata n. 151 -hereinafter referred to as Marmorata Machine- and a buyer – hereinafter referred to as Customer-; the whole purchase is carried out through a remote sales system organized by Marmorata Machine which for this purpose shall only use the remote communication technology called Internet. Therefore, contracts will be stipulated through direct access by the Customer to the website of Marmorata Machine (marmoratamachine.it/en/shop and marmoratamachine.it/en).

2. Terms of sale

In order to purchase a product the customer must first complete the registration process by providing all personal data requested by Marmorata Machine, data which have to be true and to be indicated without any omission.

All products on the website have a selling price which includes V.A.T; the shipping cost may vary depending on the size of the goods, the destination and the quantity of products ordered.

The customer can pay the ordered goods using the following online services, indicated upon purchasing:

 

Bank Money Transfert
Payee: Marmorata Freedom Machine S.r.l.

Banca Popolare di Milano, Via Branca, 00153 Roma (RM)

IBAN: IT 70S0558403238000000000015 BIC/SWIFT: BPMIITMM458

Credit Card
Payment by Credit Card will be processed through HTTPS secure connection Comodo SSL and Braintree system. The system accepts most credit cards and prepaid cards (such as Postepay).
PayPal
Payment will be processed through PayPal secure server with 168-bit SSL encryption.

3. Delivery times and methods

Marmorata Machine will deliver the purchased products to the Customer using trusted couriers; alternately, at the discretion of Marmorata Machine, the purchased products will be delivered directly by a representative.

Delivery times depend on the payment method chosen by the Customer, the size of the package and the destination of the goods:

 

PayPal
The shipment will be processed after confirmation of payment in 24/48 hours
Bank Money Transfert
The shipment will be processed after confirmation of payment from the bank in 24/48 hours
Credit Card
The shipment will be processed after confirmation of payment in 24/48 hours

 

Delivery times indicated above are valid for products in warehouse; for products not in stock, the delivery time shall run from procurement.

3.1 Shipping cost

For all products delivered in Italy, except fairings, shipment costs vary on the total amount of the order:

 

Order (incl. VAT) Shipment (incl. VAT)
Up to € 99,99 € 14,00
From € 100,00 to € 299,99 € 12,00
Over € 300,00 Free

 

For fairings shipped in Italy an extra cost of 10,00 € must be added. For shipments abroad, costs vary depending on the destination, the weight and availability of the products.

4. Rights and obligations of the Customer

The Customer is considered the only responsible for the information provided at the moment of registration on website. It is strictly forbidden to enter false and/or imaginary information. on unquestionable request by Marmorata Machine, the Customer agrees to deliver copies of a valid I.D.; refusing to comply with the above request authorizes Marmorata Machine to terminate the contract for cause.

When receiving the goods, the Customer must check the condition of the packaging. If found damaged, the Customer has to sign the transportation document shown by the courier specifing “subject to control”. In addition the Customer has to specify how the packaging is damaged (eg. holes, rain, scratches etc.); failure to comply with this obligation prevents the buyer to use the right of withdrawal.

Specifying “subject to control”, the Customer may request a replacement or a refund. In case of damaged goods and within 48 hours of its receipt, the Customer is required to give notice to Marmorata Machine through fax, e-mail or registered mail.

5. Rights and obligations of Marmorata Machine

Websites marmoratamachine.it/en/shop and marmoratamachine.it/en are owned by Marmorata Freedom Machine S.r.l., headquartered in Roma (RM), Via Marmorata, No. 151.

All trademarks, logos and other distinctive signs reproduced on these sites are owned by Marmorata Machine and/or their respective owners. It is expressly prohibited to anyone to use the trademarks, logos and other distinctive signs, for any purpose and in any way, including the reproduction on other websites, without the prior written permission of Marmorata Machine or, if different, of the legitimate owners. All contents: texts, images, logos and graphics on these websites are protected by copyright. It is therefore forbidden to distribute, transmit, copy, modify, publish for commercial purposes the contents of the sites without prior consent by the person entitled.

Images of the products published on the site are for illustrative purpose only. In the absence of specific indications contained in the order notes, the Customer can not complain for any difference.

Marmorata Machine is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment used to purchase the products, as Marmorata Machine is not, at any time, part of the procedure.

6. Warranty & Support

Products sold by Marmorata Machine are covered by warranty for one or two years from the date of purchase. Warranty is provided directly by the manufacturers of the goods sold, through their service centers. To the extent permitted by law, we exclude all other warranties.

7. Right of withdrawal

The customer wishing to withdraw from the contract may exercise its right within 14 days from the day on which the Customer or a third party other than the carrier and indicated by the Customer gains possession of the goods; this right may be exercised only by consumers and not by retailers and/or those ho hold a VAT registration number. Consumers may exercise the right of withdrawal by sending to Marmorata Machine explicit written communication; evidence shall be constituted by the day of dispatch.

Withdrawing from this contract implies the refund to the consumer of all payments made in favor of Marmorata Machine, including the cost of delivery (except for additional costs arising from the choice of the Customer of a type of delivery different from the least expensive standard delivery type offered by Marmorata Machine), without undue delay and in any event within 14 days from the day Marmorata Machine receives the notice of withdrawal. Refund will be made using the same means of payment chosen by the customer for the initial transaction, unless otherwise agreed between Marmorata Freedom Machine S.r.l. and the Customer.

All items must be received by Marmorata Machine under the same conditions of sale, unused and fully intact, with the original packaging and manuals, without any lack.

The present clause does not apply to personalized or customized products.

8. Termination of the contract and termination clause

In case of impracticability, Marmorata Machine reserves the right to terminate the contract simply notifying the Customer; if that is the case, the Customer will only be entitled to a refund of any sum already paid. Where Italian law is applied, in case of impracticability article 1463 and following of the Italian Civil Code will apply.

All the obligations the Customer takes under this contract, as well as the guarantee of the payment made with the means set out in point 2, are to be considered essential conditions. Failure to comply even with only one of these obligations will lead to termination of the contract, pursuant to article 1456 of the Italian Civil Code, where applicable. Marmorata Machine reserves the right to compensation for any damage, present or future.

9. Jurisdiction

Any dispute regarding the application, execution, interpretation and violation of the contract is governed under Italian law. The courts in some Countries will not apply Italian law to some types of disputes. If you reside in one of those countries, then where Italian law is excluded from applying, laws of your Country will apply to such disputes related to these terms. Otherwise, you agree that Italian law will apply to any disputes arising out of or relating to these terms or the Services.

Any dispute between the parties, regarding the application, execution, interpretation and breach of this contract shall be brought solely before the Court of Lucca, Italy. If the law in your Country will not permit you to consent to the jurisdiction and venue of the court in Lucca, Italy, then your local jurisdiction and venue will apply to such disputes related to these terms.

10. Personal Data

Owner of data is Marmorata Freedom Machine S.r.l., headquartered in Roma (RM), Via Marmorata n. 151.

The Customer declares to have received the privacy policy required by law.

Marmorata Machine may modify at any time the present general terms and conditions by giving notice to customers on this page.

Last modifies: January 09th, 2017