General Sales Conditions of Maremagnum Products and Services
1. Maremagnum invites each user to READ carefully these general sales conditions of Maremagnum products and services (the "General Conditions") before making any purchase, and (once this operation) to print or save a copy in digital format.
2. The General Conditions apply to the purchase of products and services promoted on the site www.Maremagnum.com (the "Site"), owned by Maremagnum.com srl, with registered office in Largo Schuster 1, 20122 Milan (MI), CF and P. IVA 13162270154, registered to the Register of Economic and Administrative Milan with n.1621021 ("Maremagnum").
3. All products and services made available to the user are shown in the homepage of the Site and/or within the various web pages of it.
4. Terms and conditions for the purchase of Products and/or Services offered by Maremagnum through the Site are contained in these General Conditions.
5. The selection of products and services Maremagnum is directed both to consumers and users to other users.
Consumer users ("Consumer/s") is the name referred to individuals who purchase products and/or services displayed on the Site for purposes unrelated to any business or professional carried out by them.
For the purposes of these General Conditions is not considered consumer the one who, at the time of purchase of a Product or Service specifically mentions in the mask given to the inclusion of personal details of his VAT.
Where no express reference is made to the category of Consumers, the provisions of the General Conditions shall apply equally to all users who purchase products and / or services through the Site (the "Customers").
6. Maremagnum may modify, without notice, the General Conditions. These changes will be effective from the day they are published on the Site. The General Conditions in force at the time of the conclusion of the orders will be applied to the purchased orders submitted in Maremagnum before the publication of the above changes.
7. The General Conditions are available in Italian.
Purchase Process - Conclusion of the orders
8. The visual representation of the Products on the Website, if available, generally corresponds to the photographic image of the same and has the sole purpose of presenting them to the sale, without any warranties or guarantees express or implied, by Maremagnum, about the exact correspondence of the image shown on the website with the actual product.
9. The publication on the Website of Products and/or Services constitutes an invitation for users to formulate a proposal to Maremagnum shopping. Each order placed by the Customer integrates a contract proposal (the "Order") and constitutes a specific acceptance of these General Conditions.
10. During the formulation of the Order, and thereafter, it is possible for the Customer at any time to revise the information entered in the appropriate data entry forms.
The changes will apply as the orders are entered after the data changes. To purchase it is necessary to have read and accepted the Terms and Conditions.
11. On receipt of the Order, Maremagnum automatically sends the customer an e-mail acknowledgment containing the particulars of the Order, and all data relating to the purchase or the type of products and/or services required and the associated costs, as well as data personal and contact details of the customer and the link through which the customer can control the order or cancel it. The Client agrees to verify the correctness and communicate any changes to Maremagnum. The receipt of the e-mail confirms your acknowledgment and acceptance by the Customer of the General Conditions.
12. Maremagnum has the right to accept or decline any orders received without, in case of rejection, the Client having rights or claims against Maremagnum in any way. The availability confirmation of the order is only by the individual booksellers bidders, who are obliged to respond within 2 working days of the order. In case of vacation of the bookseller, two working days is meant from resumption of business.
The order will be concluded at the time Maremagnum said by the email address of the customer confirmation of availability.
13. After receiving the acceptance of the Order by Maremagnum, the bookseller bidder will ship the Products selected data and inform the Customer with an e-mail within 2 working days.
14. The status of each order may be viewed by you on the Site in your account, there entering the authentication credentials chosen by the Customer at the time of compilation of the Order.
15. The Customer will have the right to modify and/or cancel the Order itself, as well as personal data and contact information previously entered, through the specific functions provided in this section, just until the bookseller has not confirmed the availability of the item/s and the procedures for shipment to the customer are not started yet.
16. Each order will be filed by Maremagnum through an electronic system and may be viewed as necessary, either by Maremagnum staff or any third party which has to serve it for the execution of orders.
Price of Maremagnum Products and Services - Availability of Products
17. The prices published on the homepage or in the various sections of the website dedicated to each individual product and/or service are inclusive of VAT and do not include any taxes, duties and applicable taxes in the country of destination of the Products and/or Services where this is different from Italy. These costs, which differ from country to country, are charged to the customer, who has the burden of verifying the amount to the competent customs authorities. The purchase of a bookseller Maremagnum by participating extra-cee, involves the acceptance of the bill of sale directly from the bookseller and seller for any customs charges. 18. To the individual price of the Product and/or Service must be added to the fee, if any, of Maremagnum and the cost of each shipment, the amount of which will vary according to the mode of delivery and payment, as well as in relation to the country of destination. The total amount due for the chosen Products and/or Services will be clearly stated and communicated to the Customer, prior to the final conclusion of the order.
19. The prices shown on the Site are subject to changes and/or modifications by Maremagnum without any prior notice to the Customer. Such increases may depend - among other things - on increases decided by the suppliers of Maremagnum. Under the orders completed before the publication of these amendments, but still in the course of implementation, the increased prices will apply: Maremagnum will send a notice to the customer, who has the right to confirm the order with the new price within 7 days of receipt of notice Maremagnum or revoke the Order.
Methods of payment
20. The payment of the orders may be made to Maremagnum by credit card, bank transfer, credit card via fax or booksellers to individual participants, in cash, upon the delivery of the Products. Maremagnum reserves the right to grant additional payment methods. At the time of formulation of the Order, the Customer is required to indicate the mode of payment.
21. Payment through credit card on the secure website of the reference bank (now Intesa San Paolo) will be redirected to the website of the reference bank, where the procedures for the transfer of sums due to Maremagnum can be improved. The financial data of the customer will be handled directly by the reference bank and will not be shared with Maremagnum. In case of payment by credit card together with the completion of the online transaction, the reference bank will authorize only the amount of your purchase. The amount relative to the delivered goods, even partially, will be charged to the credit card of the Customer only after confirmation of availability from the bookseller bidder.In the event of cancellation, either by the Customer or in the event of non-acceptance of the same by Maremagnum, prompted by the same Maremagnum the transaction cancellation and release the amount involved. The timing of release for certain types of cards, depend exclusively on the banking system and can be up to their maturity (typically 24-25 days from the date of authorization). Once the cancellation of the transaction, Maremagnum in no event can be liable for any damages, direct or indirect, caused by delayed-release by the banking system.
22. Maremagnum reserves the right to require the Customer, at any time, sending additional information and/or documents proving the ownership of the credit card used for the completion of the order. If the Customer fails to comply with requests, Maremagnum reserves the right not to accept your order, or to cancel the perfected order, and promptly inform the Customer at the email address indicated in the Order.
23. Maremagnum reserves the right not to accept incomplete or not properly completed orders. In case of non-execution of the order due to the unavailability of the volumes ordered by the Customer, Maremagnum will soon inform the Client, refunding the amounts, if already paid for supply/iers not carried out. The amount of the order will be definitively charged by the reference bank only upon confirmation of availability of products and/or services selected.
24. The tax records related to the volumes ordered will be issued by Maremagnum, except for orders in cash, at the date of payment; for COD orders the issue of tax documentation is borne by the individual bookseller bidder. If the customer is the owner and wishes to receive a VAT invoice in their name, they must indicate this request in the order by filling in the appropriate fields.
25. The payment of the Products and/or Services in cash, to be made upon delivery of the same, is a mode of payment provided exclusively for shipments delivered in Italian territory. The payment, in this case, can only be made in cash, to be delivered to the shipping company upon the delivery of the products. Nothing more than specified in the order will be due from the Customer to the carrier. In the case of exercising the right of withdrawal, any amount due to the Customer will be charged to the librarian who had sent the order and cashed the mark and nothing will be due to Maremagnum.
26. In the event of non-payment - for various reasons - the price indicated in the order, Maremagnum will invite the customer to provide the balance. Until the Customer has not regularized their position, Maremagnum reserves the right to immediately terminate any outstanding orders, as well as to block the functions of purchasing through the Site, by giving written notice to the customer, while remaining unaffected by the right of Maremagnum to request the refund ror any further damage.
27. The shipment is made exclusively by the individual bookseller bidder, that agrees to ship within 2 working days from order confirmation to the customer. The shipping date indicated by the bookseller will be notified via e-mail. The timing of the availability and delivery times may vary from the one shown.
28. No responsibility, in any way, may be charged by the customer to Maremagnum, in the case of delay in delivery of the Product in the Order or object of the Contracts of Sale.
29. Maremagnum invites the Customer to periodically check the condition of the Order to your account and contact Customer Service if you experience any delays in the procurement and delivery of the Products.
30. All shipments of Products shall be at the risk of the bookseller bidder. The risk will be transferred to the Customer upon the delivery of the Products.
31. For each order, non-marker, perfected through the Site, Maremagnum will issue a receipt for customers who have placed their VAT at the time of formulation of the Purchase Order, the relevant financial document required by law relating to the Products and / or Services purchased. These documents will be sent to the email address specified by the Customer. It will not be possible to make any change in the accounting document subsequent to its issue, nor will it be possible to issue that document when a Customer who has not indicated their VAT in the form to enter the data and requests it at a later time. The bills are not delivered by regular mail, but they are sent in pdf format.
32. In order to properly perform the delivery of the ordered Products, the presence of the Customer or his representative is always required. If none of them were available at the time and place of delivery of the Products purchased, the courier will leave a notice for the second delivery for the next working day and a telephone number to be able to agree on a different date. Once the envelope is returnedto the bookseller sender, the Customer will be contacted by the Customer Service and will decide whether to seek a second expedition or whether to require repayment of the entire Order (obviously excluding delivery).The relative order shall be considered as automatically and definitively resolved, except the right to Maremagnum to the bigger damage.
33. In cases of force majeure, unavailability of transportation or unpredictable events, Maremagnum reserves the right to terminate the order or to divide, postpone or cancel, in whole or in part, the expected delivery when these events cause a delay in deliveries or make them difficult or impossible and/or causing a significant increase in their cost to Maremagnum. In such cases, it will be up to Maremagnum to provide timely notice of its determination to the email address of the Customer. The latter, in such cases shall be entitled to a partial refund of any money paid, excluding any further claims or compensation, in any capacity, against Maremagnum.
Right of Withdrawal Of Customer - Withdrawal of Maremagnum
34. In accordance with Articles 64 and following of the Consumer Code, the Consumer has the right to cancel the purchase without penalty and without giving any reason. To this end, they must send a notice to the Customer Service Department of Maremagnum by fax or registered letter with the acknowledgment of the receipt, to be sent within 10 working days of receipt of the Products and/or Services selected.1). withdrawal can also apply only to individual products covered by a single order, provided that the consumer may not exercise the withdrawal limited to a single part of the Product purchased;
2). all the Products for which the consumer has exercised his right of withdrawal must be intact like the original packaging, complete in all its parts, including the packaging material, the seals may be affixed, as well as any ancillary documents;
3). if the Product for which his right of withdrawal has been exercised is received damaged to the bookseller sender, they will be required only to notify the Consumer in order to allow, where possible, to exercise its right of recourse against those who took the load for the return shipment of the products;
4). Maremagnum and/or the bookseller sender shall not be liable in any way for damage, loss or theft of products subject to return. Each risk will therefore be borne solely by the consumer.
36. Once verified the integrity of the returned Productis verified, Maremagnum and/or the bookseller sender will reimburse the consumer the full amount paid for the Products and/or Services to which the order subject to withdrawal, no later than 60 days from the receipt of the same. Refund will be made using the information on the credit card information provided by the consumer at the time of formulation of the Order, or by bank transfer to the coordinates specified by the Consumer himself.
37. If the consumer is in violation, in whole or in part of, the rules governing withdrawal from these General Conditions, the order will remain valid and effective and Maremagnum will return the wrongly made Products to the Consumer, charging the latter with the related costs of shipping.
38. Maremagnum is entitled to withdraw from each order entered by the Customer or by the Consumer, by giving written notice to the same by e-mail, as well as will not accept any order from the users or Customers that have implemented non-regular behavior, we have not accepted the Products purchased in cash, suspected of behavior contrary to law or is required by order of a judicial authority.
Warranty – Returns
39. Unless stated by law, Maremagnum declares that they have no responsibility for faults, defects or discrepancies in the product. It does not affect the warranty to the Consumer pursuant to Legislative Decree no. 206/2005.
40. The consumer in this case must, on pain of forfeiture, report the defect to Maremagnum our Customer Service Department within a period of 2 (two) months from the date of discovery.
41. Maremagnum will make every reasonable effort to replace, at its own expense and within a reasonable term, the defective product. Where this is not possible, or an excessively burdensome for Maremagnum, the Consumer shall be entitled to terminate the order and, consequently, to obtain the re-crediting of amounts paid for the purchase and shipment of the Product, to the exclusion of any further responsibility to Maremagnum , in any way and for any reason.
42. If the Customer should notice any discrepancies between what was ordered and what was received, and in particular, any problem regarding the physical integrity, correspondence or completeness of the products received, shall promptly inform the Customer Assistance Service Maremagnum. The Customer will provide the necessary information to solve the problem. The Customer, no later than two months from the order confirmation must communicate to the Customer Service the non-receipt of the same in order to obtain any refund.
Communications and Complaints
43. All communications or any complaints against Maremagnum should be directed to Customer Service Maremagnum, under the heading "Contact Us."
44. Alternatively, the customer can send a letter, headed to Maremagnum.com, Largo Schuster 1, 20122 Milan (MI).
Intellectual Property Rights
45. The Customer hereby acknowledges that all trademarks, designs, models, brands, intellectual property, software and databases, or any other rights of intellectual and industrial property accessible from and/or reproduced in any way on the Site and/or form, are the exclusive property of Maremagnum, as saying Maremagnum it is legitimate or licensee (the "Intellectual Property Rights"). Maremagnum is not responding, however, the intellectual property rights relating to the Products and/ or Services for sale, the holders of which are expressly set forth herein. Any use of the Intellectual Property Rights in any way and/or form, in whole and/or in part is prohibited without the prior written consent of Maremagnum or its licensors.
46. For the regulation of the processing of personal data by Maremagnum, please refer to the website's dedicated area.
Reference Rules – Jurisdiction
47. These Terms and Conditions are governed by the Italian law as well as any Contract of Sale and subject to Italian jurisdiction.
48. Any dispute concerning the Terms and Conditions or the Contract of Sale shall be referred to the exclusive jurisdiction of the Courts of Milan, without prejudice to the applicability of the mandatory rules of law for the protection of Consumers.
In accordance with and for the purposes of Articles 1341 and 1342 the Customer declares to have read, understood and agree to the following terms of wanting the title of which is shown by way of example: article 1 (Approval of the General Conditions), 6 (Change of the General Conditions), 8 (Disclaimer of Warranties) , 10 (Orders), 12 (Contract of Sale), 15 (Modification and cancellation Order), 18 (Pricing), 19 (variation of prices), 21 (charge), 22 (Non-acceptance of the Order), 26 (interest arrears), 27, 28, 29 (Shipping & Delivery Products) 30 (Risk shipments), 32 (delivery decay products), 33 (Force Majeure), 34,35, 36, 37 (right of withdrawal of the Consumer), 38 (Right of withdrawal Maremagnum) 39,40,41,42 (Guarantees - made), 45 (Intellectual Property), 47 (Governing Law), 48 (Jurisdiction).