Terms and Conditions

This document contains the general terms and conditions of use of the website www.marcomesseribiagiotti.com which offers the sale of personalized handcrafted products online. provided by the owner of the Application

1. Definitions
 To allow for a complete understanding and acceptance of these terms and conditions, the following terms, both singular and plural, shall have the meaning indicated below:

  • Holder: Drecan snc , with registered office in Via Luigi Salvatore Cherubini, 10 - 50018 Scandicci Florence, Italy, VAT number 02326890486, PEC address drecan@pec.it
  • Application: the website www.marcomesseribiagiotti.com
  • Products:
    • the material products sold by the Owner
  • User: any person who accesses and uses the Application
  • Consumer User: the adult natural person who enters into a contract for purposes outside of his/her entrepreneurial, commercial, artisanal or professional activity, if any
  • Conditions: this contract which regulates the relationship between the Owner and the Users and the sale of the Products offered by the Owner through the Application.
2. Scope of application 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, information published or referred to therein, he/she may not use the Application or its related services.

The Conditions may be modified at any time.

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

Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.

The Owner reserves the right to vary at its own discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.

3. Purchase via the Application

All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times and costs, additional charges, etc.). Some errors, inaccuracies or small differences may arise between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

Purchases of one or more Products through the Application are permitted to Consumer Users.

For natural persons, purchases are permitted only if they are of age. For minors, each purchase and/or request for supply of Products through the Application must be examined and authorized by parents or those exercising parental responsibility.

The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be considered as a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason whatsoever.

The contract for the sale of the Products is considered concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will include the order date, the User's data, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and accessory taxes, the delivery address, the times and any delivery costs, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee.

The contract for the sale 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 Owner will inform the User of the new terms of delivery or supply, asking whether he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of his/her order, the relative confirmation and the Conditions.

4. Registration

To use the features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy ( www.marcomesseribiagiotti.com/pages/informativa-privacy ) and the Conditions.

The User is responsible for safeguarding his/her access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner in the event that he/she suspects or becomes aware of any improper use or improper disclosure of the same.

The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the User of the rules on registration to the Application or on the conservation of the registration credentials.

5. Account cancellation and closure

The registered User may stop using the Application at any time and deactivate his/her account or request its cancellation through the Application interface, if possible, or by sending a written communication to the email address info@marcomesseribiagiotti.com or by calling customer service at 324 6386647.

In the event of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

6. Prices and payments

For each Product, the price is indicated including VAT, if applicable. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.

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

The Owner reserves the right to modify, at any time, the price of the Products and all possible additional costs. It is understood that any price changes will not in any case affect contracts already concluded before the modification.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data requested.

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

Should such third-party tools deny payment authorization, the Owner will not be able to supply the Products and cannot be held liable in any way.

7. Billing

The User (whether private or company) will be asked for the billing data (Tax Code or VAT number). For the issuance of the invoice, the information provided by the User will be valid, which he declares and guarantees to be true, releasing the Owner from any further indemnity in this regard.

8. Delivery methods of material Products

The material Products (including any material goods with digital elements) will be delivered to the address indicated by the User, with the methods and within the time chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.

In the event that it is not possible to supply the requested Products, the User will be promptly notified via email, indicating when it is expected that they will be delivered or the reasons that make the supply impossible.

If the User does not intend to accept the new term or delivery has become impossible, he/she may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase, within a maximum of 14 days from the date on which the Owner became aware of the refund request.

Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. In the event that there is obvious damage to the packaging and/or the Product, the User may refuse delivery of the Product and may return it without any expense to him. Once the delivery document has been signed, the User may not raise any objection regarding the external characteristics of the Products delivered.

The Owner shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract due to force majeure.

9. Users' right of withdrawal from the purchase of material Products

The Consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address info@marcomesseribiagiotti.com , using the optional withdrawal form referred to in the following article or any other written declaration.

In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day term for exercising the right of withdrawal starts from the day on which the last Product was received.

In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User will only bear the direct cost of returning the Product, unless the Owner has declared that he will bear it.

In the event of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User communicated his/her wish to withdraw from the contract.

The Owner is not required to reimburse delivery costs if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner.

The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.

The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the latter the shipping costs.

10. Cases of exclusion of the User's right of withdrawal

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

  • to the supply of Products whose price is linked to fluctuations in the financial market which the Owner is unable to control and which may occur during the withdrawal period
  • to the supply of Products packaged to measure or clearly personalized
  • to the supply of Products that are liable to deteriorate or expire rapidly. This category includes all food products (including beverages) whose characteristics are subject to alteration also as a result of inappropriate storage
  • to the supply of sealed Products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery
  • to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
  • to contracts in which the User has specifically requested a visit by the Owner or a professional in charge for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the Owner or a professional in charge provides services in addition to those specifically requested by the User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods
  • to the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery
  • to the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
  • to contracts concluded at a public auction
  • the provision of non-residential accommodation, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance

For further information, contact the Owner at the email address info@marcomesseribiagiotti.com or by calling customer service at 3246386647.

11. Optional form to exercise the right of withdrawal

  • The User can withdraw using the following form which must be filled in in all its parts and sent to the email address info@marcomesseribiagiotti.com before the expiry of the withdrawal period:

I hereby communicate my withdrawal from the sales or supply contract relating to the following product __________
Order number:_______
Ordered on: _______
Name and Surname: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________
 
12. Guarantee of conformity of material Products for Consumer Users

Consumer Users are granted the guarantee of conformity, provided for by articles 129 and following of the Consumer Code, for all material Products sold through the Application, with the exception of the exclusion cases provided for by art.128 of the Consumer Code.

The Owner is liable to the Consumer User for any lack of conformity that occurs within two years of delivery. During the first year, the Consumer User is not required to demonstrate that the defect existed at the time of delivery as it is presumed that it already existed on that date, unless this hypothesis is incompatible with the nature of the Material Product or with the nature of the lack of conformity.

If the Consumer User 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@marcomesseribiagiotti.com or by calling customer service at 3246386647.

The Owner will promptly respond and indicate to the Consumer User the procedure to follow.

For anything not provided for in this clause, Articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code regarding the formation, validity and effectiveness of contracts shall apply, including the consequences of termination of the contract and the right to compensation for damages.

13. Industrial and Intellectual Property Rights

All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright and trademark laws. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorisation from the Owner.

14. Exclusion of warranty

The Application is provided on an “as is” and “as available” basis and the Owner makes no express or implied representations or warranties in relation to the Application, nor does it provide any warranty 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 endeavor to ensure that the Application is available 24 hours a day, without interruption, but cannot in any way be held responsible 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 entirely beyond the will of the Owner or due to force majeure events.

15. Limitation of Liability

The Owner cannot be held liable towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of its own control or that of its suppliers.

Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User being only entitled to the possible full refund of the price paid and any additional costs incurred.

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

The Owner will not be responsible for:

  • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User which is not a direct consequence of the breach of the contract by the Owner
  • incorrect or unsuitable use of the Application by Users or third parties
  • the issuing of incorrect documents or tax data due to errors in the data provided by the User, the latter being the only person responsible for the correct entry

In no event shall the Owner be held liable for an amount greater than double the cost paid by the User.

16. Force majeure

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Owner will take any action within its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

17. Links to third party sites

The Application may contain links to third-party sites/applications. The Owner has no control over them and, therefore, is 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 use of the site/application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

18. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page www.marcomesseribiagiotti.com/pages/formazione-privacy

 19. Applicable law and competent court

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the court of the place where 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 appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.

The application to Consumer Users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising such right, the methods and formalities of communication of the same and the legal guarantee of conformity.

20. Online dispute resolution for Consumer Users

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

Date 12/14/2023