This document sets out the general terms and conditions on the basis of which users are offered the use of the www.mariocioni.com website offering direct-to-consumer sales of crystal objects.

  1. Definitions

To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set out below:

o    Owner: MARIO CIONI & C. s.r.l., with registered office in via delle Ginestre, 28/30 Capraia Fiorentina - 50050 Capraia e Limite (FI), VAT No./Fiscal Code 03673960484, FI - 379430, fully paid-up share capital € 111.000,00, PEC address mariocionisrl@pec.mariocioni.it

o    Application: website www.mariocioni.com

o    Products: products supplied to the user by the Controller

o    User: any person accessing and using the Application

o    User Consumer: a natural person of full age who concludes a contract for purposes which are outside his or her trade, business, craft or profession.

o    Non-consumer user:  a natural person of full age or a legal person who concludes a contract for the purpose or for the needs of his trade, business, craft or profession

o    Conditios: this contract governing the relations between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.

  1. Detailed information on the application offer

The Application provides Users with direct-to-consumer sales of crystal objects.

  1. Scope of the Conditions

Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice or information published or referred to therein, he may not use the Application or its services.

The Conditions may be amended at any time.

4.     The applicable Conditions shall be those in force on the date of transmission of the purchase order or request for supply of a Product.

5.     Before using the Application, the User must read the Conditions carefully and save or print them for future reference.

The Owner reserves the right to change, at its own discretion, at any time, the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, communicating the relevant instructions to the User where necessary.

  1. Purchase or request for supply through the Application

All the Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Moreover, any Product images are only representative and do not constitute a contractual element.

Purchases and/or requests for the supply of one or more Products through the Application are allowed both to Consumer Users and non-consumer Users.

Purchases and/or requests for supply are allowed to natural persons only if they are of age. For minors, any purchase and/or request for supply of Products through the Application must be examined and authorised by their parents or by those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be considered a contractual proposal of purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User's order without the User being able to object or complain about anything in any way and/or for any reason. 

The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Controller shall accept the User's contractual proposal by sending an order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which shall indicate the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.

The contract of sale or supply of the Products shall not be considered effective between the parties in the absence of what is indicated in the previous point.

In the event that the Product is not available, the Holder will inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract will be concluded for the Products accepted by the Owner.

The User undertakes to check the accuracy of the data contained in the order confirmation and to immediately notify the Owner of any errors and shall keep a copy of his order, its confirmation and the Conditions. 

  1. Prices and payments

For each Product, the price including VAT, if due, is indicated. Where the nature of the Product means that it is impossible to calculate the price in advance, the method of calculating the price shall be indicated.

In addition, any taxes, additional charges and delivery costs that may vary depending on the destination, the delivery method chosen and/or the payment method used shall be indicated. If these items of expenditure cannot reasonably be calculated in advance, there shall be an indication of which expenses will be charged to the User.

The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect contracts already concluded before the change.

The User undertakes to pay the price of the Product at the times and in the ways indicated in the Application and to communicate all the necessary data that may be required.

The Application uses third-party tools to process payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).

If these third party instruments should refuse to authorise payment, the Owner may not supply the Products and may not be held liable in any way.

  1. Invoicing

The User who wishes to receive an invoice will be asked for his billing information. The invoice shall be issued on the basis of the information provided by the User, which the User declares and guarantees to be true, releasing the Controller from all liability in this respect.Modalità di consegna di Prodotti materiali

9.     The tangible Products and/or digital goods supplied on a tangible support will be delivered to the address indicated by the User, by the methods and within the time limit chosen or indicated on the Application and indicated in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge of it.Nel caso in cui non sia possibile fornire i Prodotti richiesti, ne verrà dato tempestivo avviso tramite e-mail all’Utente, con l’indicazione di quando si prevede di poterli consegnare o delle ragioni che rendono la fornitura impossibile.

If the User does not wish to accept the new deadline or if delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same manner of payment used by the User for the purchase within a maximum of 14 days from the date on which the Holder became aware of the request for a refund.All’atto del ricevimento del Prodotto, l’Utente è tenuto a verificarne la conformità con l’ordine effettuato nonché l’integrità dell’imballaggio. Nel caso in cui risultino danni evidenti all’imballaggio e/o al Prodotto, l’Utente può rifiutare la consegna del Prodotto e potrà restituirlo senza alcuna spesa a suo carico. Una volta firmato il documento di consegna, l’Utente non potrà opporre alcuna contestazione circa le caratteristiche esteriori dei Prodotti consegnati.

The Controller shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract due to force majeure.

Exclusion of the right of withdrawal of non-consumer users

The right to withdraw from the contract of sale or supply of the Products is not recognised to the non-consumer User. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him/her as a non-consumer, for whom the right of withdrawal is not provided for. 

  1. Exclusion of the right of withdrawal of the consumer user

The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to:

o    the supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) that may be sold, since the characteristics and qualities of such products are subject to deterioration, including as a result of improper storage.

In cases where the right of withdrawal is excluded, the Owner will return the purchased Products to the User, charging him the shipping costs.

For further clarifications, contact the Owner at the e-mail address info@mariocioni.com or by calling the customer service at 0571 583861.

  1. Guarantee of material products for non-consumer users

In relation to tangible Products, non-consumer Users shall be covered by the warranties for flaws in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided for by the Civil Code with the relative terms, forfeiture and limitations (Articles 1490 et seq. of the Civil Code).

  1. Guarantee of conformity of material products for consumer users

The legal guarantee of conformity, provided for by articles 128-135 of the Consumer Code, is recognised for all Products sold through the Application that fall within the category of "consumer goods", as governed by article 128, paragraph 2 of the Consumer Code: any movable goods, including those to be assembled, except for i) goods subject to forced sale or sold in any other way by judicial authorities, including by delegation to notaries, ii) water and gas, when not packaged for sale in a limited volume or in a specific quantity, iii) electricity.

The legal guarantee of conformity is reserved for Consumer Users only.

The Holder is obliged to deliver to the User Consumer Products that comply with the sales contract. The Products are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:

  • they are suitable for the use for which goods of the same type are normally used
  • comply with the description made by the Holder and possess the qualities of the goods that the seller has presented to the User Consumer as a sample or model
  • they have the quality and performance usual for goods of the same type, which the consumer user can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements on the specific characteristics of the Products made in this respect by the Holder, the manufacturer or his agent or representative, in particular in advertising or on the labelling
  • they are also suitable for the particular use desired by the consumer user and which has been brought to the attention of the Controller at the time of concluding the contract and which the Controller has also accepted by conclusive facts.

1.     Any failures or malfunctions caused by accidental events or by the Consumer User's responsibility, or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation enclosed are therefore excluded from the scope of the conformity guarantee.



Any conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.

Unless there is proof to the contrary, it shall be assumed that any lack of conformity which becomes apparent within 6 months from the delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. After the 6 months, the Consumer User shall be required to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to have the conformity of the Product restored, free of charge. To this end, the Consumer User may choose between the repair of the Product or its replacement.

This right of choice cannot be exercised if the remedy requested is objectively impossible or excessively onerous. In addition, the User Consumer is entitled to an appropriate reduction of the price or the termination of the contract, only if one of the following situations occurs: i) the repair or replacement is impossible or excessively expensive; ii) the Owner has not provided the repair or replacement within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the User Consumer.

If the User Consumer intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address info@mariocioni.com or by calling the customer service on 0571 583861.

The Owner shall promptly reply to the communication of the alleged conformity defect and shall indicate to the Consumer User the specific procedure to be followed, also taking into account the product category to which the Product belongs and/or the reported defect. The field of application of the conformity guarantee does not include any failures or malfunctions caused by accidental events or by the Consumer User's responsibility or by a use of the Product that does not comply with its intended use and/or with the provisions of the attached technical documentation.Any conformity defect that becomes apparent within 24 months from the date of delivery of the Product must be reported within 2 months from the date of discovery of the defect.

Unless there is proof to the contrary, it shall be assumed that any lack of conformity which becomes apparent within 6 months from the delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. After the 6 months, the Consumer User shall be required to provide proof that the damage was not caused by incorrect or improper use of the Product.

Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the Consumer User has the right to have the conformity of the Product restored, free of charge. To this end, the Consumer User may choose between the repair of the Product or its replacement.

This right of choice cannot be exercised if the remedy requested is objectively impossible or excessively onerous. In addition, the User Consumer is entitled to an appropriate reduction of the price or the termination of the contract, only if one of the following situations occurs: i) the repair or replacement is impossible or excessively expensive; ii) the Owner has not provided the repair or replacement within a reasonable period of time; iii) the replacement or repair has caused significant inconvenience to the User Consumer.

If the User Consumer intends to take advantage of the remedies provided by the guarantee of conformity, he must send a written communication to the e-mail address info@mariocioni.com or by calling the customer service on 0571 583861.

The Owner shall promptly reply to the communication of the alleged lack of conformity and shall indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.

  1. Industrial and Intellectual Property Rights

The Owner declares that it is the owner and/or licensee of all the intellectual property rights relating to and/or concerning the Application and/or the Contents available on the Application. Therefore, all the trademarks, figurative or nominative and all the other signs, trade names, service marks, word marks, trade names, illustrations, images, logos and contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the current laws on trademarks and by the relevant international treaties.

The Conditions do not grant the User any licence to use the Application and/or the single contents and/or materials available therein, unless otherwise regulated.

Any reproduction in any form of the explanatory texts and Contents of the Application, if not authorised, will be considered an infringement of the Owner's intellectual and industrial property rights.

  1. Exclusion of warranty

The Application is provided on an "as is" and "as available" basis and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does he provide any guarantee that the Application will meet the Users' requirements or that it will never be interrupted or error-free or that it will be free of viruses or bugs.

The Owner will endeavour to ensure that the Application is available 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or due to events of force majeure.

  1. Limitation of Liability

The owner shall not be liable to the user, except in the case of fraud or gross negligence, for any inefficiency or malfunctioning related to the use of the Internet outside of its control or that of its suppliers.

The Owner shall not be liable for damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional charges incurred.

The Holder assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as he does not come into contact in any way with the payment data used (credit card number, name of the holder, password, etc.).

5.    The Holder shall not be liable for:

o    any loss of commercial opportunity and any other loss, even indirect, that the User may have suffered that is not a direct consequence of the breach of contract by the Controller

o    incorrect or unsuitable use of the Application by Users or third parties

o    the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for their correct entry

o    Under no circumstances may the Controller be held liable for more than double the amount paid by the User.

  1. Force majeure

The Holder shall not be held liable for failure to perform or delay in performing its obligations due to circumstances beyond the Holder's reasonable control due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control.

The fulfilment of the obligations by the Holder shall be deemed to be suspended for the period during which force majeure events occur.

The Holder shall take any action in its power to find solutions that allow the proper performance of its obligations despite the persistence of force majeure events.

  1. Linking to third-party sites

The Application may contain links to third party sites/applications. The Owner has no control over them and is therefore in no way responsible for the contents of these sites/applications.

Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the use of the service provided by the third parties will apply to the individual services, for which the Owner accepts no responsibility.

  1. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at https://www.mariocioni.com/privacy-policy.

  1. Applicable law and competent court

The Conditions are subject to Italian law.

For the Consumer Users any dispute relating to the application, execution and interpretation of the present Conditions shall be devolved to the court of the place in which the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to refer to a judge other than the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set forth in articles 18, 19 and 20 of the civil procedure code.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of the provisions which may be more favourable and mandatory provided for by the law of the country in which they have their habitual residence, in particular in relation to the term for the exercise of the right of withdrawal, the term for the return of the Products, in the event of the exercise of such right, the procedures and formalities for the communication of the same and the legal guarantee of conformity.

For non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be referred to the courts of the place where the Controller is established.

  1. Online dispute resolution for consumer users

The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the User Consumer to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and supply of services stipulated on the web. Consequently, the User Consumer may use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: ec.europa.eu/consumers/odr/

 

Date 28/10/2020

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