General Terms and Conditions
1 – CONCLUSION OF THE CONTRACT OF PURCHASE ONLINE
The products purchased on MasoniOnline are sold directly by the company Masoni Elio S.r.l. UNIPERSONALE, duly registered with the commercial register of Pisa on 12/05/2004 with VAT 01701750505 and with registered office in Via della Botte, 56012 51 Fornacette (PI) Italy, Tel.: 0039 0587/420014, Fax: 0039 0587/422168 email: info@masonionline.it
Final consumer means the person who buys goods online for purposes not directly related to their professional activity.
The general conditions of sale, if not expressly provided in this contract, are governed by the Consumer Code (Legislative Decree no. N. 206/2005) and the rules regarding electronic commerce (Legislative Decree no. N. 70/2003 ). The contract of sale on-line between the Customer and the Supplier shall means concluded in Italy and governed by Italian law
The prices indicated in the Quotation are in Euro (or in any other currency selected by the user, between the dollar and sterling) and are normally inclusive of VAT. For the conclusion of the contract confirmation is required from the customer to the order form, which shows the total shown in the Quotation, summing it up. This page does not cover exhaustively all the company procedures for customer service: for more detailed information, please read the other pages specifically dedicated (Prices, FAQ).
The contract of sale is concluded on-line by filling in the order form electronic MasoniOnline, on the website www.masonionline.it, and is considered complete upon receipt via mail of confirmation of online purchase by MasoniOnline. The order form must be properly completed and the payment or the deposit must have been made. It's possible that the selected product is no longer available at the time the order form. In this case it is up to MasoniOnline proceed to refund the amount already paid by the buyer. With the transmission of the order form the buyer agrees to all the Terms and Conditions on this page. If you do not agree with some of the conditions on this page, please contact the staff of MasoniOnline, before you submit the order.
It is understood that at expiration of ninety (90) days from the date of the order, in the absence of receipt of the payment in favor of MasoniOnline within the time specified, the order will be canceled and deleted without prior notice, the Customer acknowledges and accepts who will not be able make any claim against MasoniOnline and raises it, as of now, from any liability in respect of the cancellation of the order or of the forfeiture of any promotion attached to it. Any amounts received in payment in favor of MasoniOnline in reference to a canceled order will be made available to the customer.
2 – POSSIBILITY OF CHANGE ORDER
The start of production of the items purchased, that occurs immediately after payment of the price or the payment of the deposit, marks the ultimate limit to make changes to orders. Subsequent changes are not guaranteed. MasoniOnline is at your disposal for an evaluation case-by-case. Will be assessed the progress of production and, according to this, will be made decisions for any changes. The billing information entered at time of order can be changed up to the time of issue of the invoice.
3 – SHIPPING AND DELIVERY
At a time when the products are in the storehouse, it is the task of MasoniOnline to communicate their availability to its customer, who is required to authorize the dispatch or collect the provision of stock within 60 days of receipt of the notice. The shipping process will start not before the confirmation from the client to availability to receive the delivery from MasoniOnline. If the availability is not respected and delivery does not succeed, any costs of storage and/or redelivery will be charged to the customer.
The shipment will be initiated only welded the order and is carried out, by giving notice by telephone, by specialized couriers in shipments of furniture. The Standard Delivery service only includes delivery to the street level, at the point closest to the entrance of the property where the courier's vehicle is able to park. The vehicle is driven by a single driver, there are no other people for a possible aid in the unloading of the goods. Upon arrival at the place of unloading, the customer must be ready and equipped to receive the material that the courier will deliver directly from his vehicle, if necessary with the aid of other people. MasoniOnline is legally responsible of the goods until they are delivered, the products are covered by travel insurance.
The system automatically spins off the Italian VAT in the case of foreign shipments requested by companies with their registered office outside the Italian borders and in the case of shipments outside the E.U. requests by individuals domiciled in non-E.U. countries. In the case of shipments outside the European Union, MasoniOnline disclaims any liability for the export declaration, which is the responsibility of the buyer, and accepts withdrawals only by specialized couriers in shipments outside the E.U. MasoniOnline reserves the right to contact the carrier commissioned by the customer in order to verify the actual destination and, if not confirmed, may suspend the order until payment of VAT Italian. We do not accept withdrawals by individuals or national couriers.
4 - RETURNS FOR DAMAGE OR DEFECT
When there are problems relating to the products supplied after delivery, it is essential to proper attribution of responsibility, that have to be identified between those who produce the good (producer), those who sell the asset (Masoni Elio S.r.l. UNIPERSONALE), those who deliver it to the customer (carrier commissioned by Masoni Elio S.r.l. UNIPERSONALE) and those who buy it (the customer who receive the items and carries out the mounting). To be effectively protected and receive the best possible care, the Customer is obliged to follow every step described on Delivery Suggestions page, contained within the Frequently Asked Questions. If the Customer ignores this procedure is highly probable that we won't be able to attribute properly the responsibility among the subjects mentioned, and there will be his involvement in the eventual cost of replacing damaged or defective parts.
At the moment that MasoniOnline receives the photographic documentation sent by the Customer, the replacement procedure starts. It should be noted that the possible replacement of defective or damaged parts requires equal times in transport, or a little lower than those of production. We require collaboration: the customer is required to pack the parts that are to be returned, in their original packaging and affix the labels supplied via email from MasoniOnline.
5 – SHIPPING AND DELIVERY TIMES
For orders with a total discounted price higher than € 700.00, the Standard Shipping in Italy is free. Standard Delivery means delivery at street level excluding locations that fall within the Uncomfortable Place list (it is useful in this regard to refer to the Shipping Page), for which are possible supplements. An estimate of the cost of shipping is contained on Calculate Shipping Costs page.
Each product shows the planned production times, based on the statistics of orders previously processed for the same type of product, generally, these times vary between 3 and 8 weeks of production. The law provides, in consideration of the nature of the goods ("goods to be manufactured or to be bought specially for the customer"), an "additional reasonable time" within which any delay will still be tolerated since considered "reasonable in the circumstances."
MasoniOnline undertakes to comply with the delivery of the goods within 30 days from the end of the production periods indicated: after this date, the customer is entitled to withdraw from the contract and MasoniOnline will credit the Customer the purchase price paid. In the case of supplies including more products, you can withdraw from the purchase of only those products that undergo late. The MasoniOnline Customer Service regularly updates the customer on the progress of the order. The Customer informed of the delay within thirty days, may choose not to give up on products purchased and wait for delivery. In this case, the customer takes a further period of thirty days, during which he will not be able to withdraw from the contract.
If the Delivery Time is a determining factor for the decision of purchase, please contact our Customer Service Department prior to purchase.
It is important to keep in mind that deliveries scheduled in periods preceding Christmas holidays or summer holidays may be subject to substantial delays related to the peculiarities of the period. Orders are processed by our platform but the timing of delivery of the product shall be counted by excluding these periods. For example: making an order of a product on July 15, where it is indicated a delivery time of four/five weeks, the estimated delivery will be around 15/20 September.
6 – POSSIBILITY OF ARTICLES OUT OF PRODUCTION
MasoniOnline staff works daily to keep their online catalogue updated. However, it can happen, rarely, that a particular product is no longer available because it is out of production. In such cases, MasoniOnline warns promptly the customer who has to choose between changing the order or being refunded the amount paid. In the case of supplies made up of more products, the non-availability of an item allows only the refund of the price paid for that single item. Obviously, case by case, it will be taken into consideration possible complementarity between the articles of the supply, such as for the chairs matching a table.
7 – TIPS FOR BUYING
Despite the daily work of updating the information contained within our website, the considerable amount of content developed makes possible the existence of errors and inaccuracies. The Staff of MasoniOnline engages in a widespread and constant review of contents, in order to offer ever-greater precision. However, it is necessary to emphasize that, in addition to our responsibility, there is, also for the consumer, a verification responsibility. The customer must be sure of the accuracy of content, especially those details that were to be considered decisive for the purchase and essential to their satisfaction. The Customer is also required to read all of the Product Sheets and to observe carefully the samples.
Producers may make technical changes to the products offered that are not able to significantly alter the aesthetics of the products and their use. It is also possible to change the names of certain products or parts of them. These variations can not be in any way the assumption of termination of the contract for "non-compliance" because the "product name" can not be considered a fundamental element of the value offered to the consumer by the product itself or other elements that are able to affect the contractual will.
UK regulation. Since 1988, the United Kingdom applies special laws for "Fire for the furniture." The goods brought into this country, especially the upholstered products, must have a higher flammability resistance than those of the rest of the EU and respond to more stringent standards about their reaction to fire. The majority of upholstered products offered on MasoniOnline are not within these standards. Can, however, some manufacturers produce products that meet these standards. We, therefore, recommend the customer to contact the outset our Customer Service to verify the possibility of providing, any increases and evaluate the available options.
8 – RETURN AND REFUND POLICY
MasoniOnline is aware of the fact that the consumer is not satisfied with the product received, except as provided by art. 59 of the Consumer Code, may exercise the right of return provided in Articles 52 to 58 of Chapter I, Title III, Part III of the Consumer Code. The right of return is exercised without penalty and there is no need to specify the reason. The consumer has this right within 14 days of receiving the product by communicating it to Masoni Elio S.r.l. UNIPERSONALE. The customer can use the example form available at the bottom of the present general conditions of sale (Annex). For further information, you can view the page Return and Refund Policy on this website.
9 – LEGAL WARRANTY OF CONFORMITY
All products sold on MasoniOnline are covered by the legal guarantee of conformity. The warranty provides for the legal liability to the consumer for any lack of conformity that is not evident at the time of purchase. In case of lack of conformity, Articles 128 ff. of the Consumer Code protects consumers, providing that have the right to restore, without charge, the conformity by repair or replacement, at its option, unless the remedy sought is impossible or disproportionate to the other. Any repair or replacement shall be completed within a reasonable time after the request by the consumer. The regular sales invoice, issued for each product, is to be kept for warranty purposes. For individuals, the guarantee made by Masonionline for any lack of conformity is 24 months; for purchases charged to buyers with VAT and companies, the warranty is 12 months.
MasoniOnline is not liable if the faults, defects or failures have been determined by the incorrect behaviour of the customer, the warranty is not valid even when the product is damaged due to the use of unsuitable cleaning products or improper installation.
10 - TREATMENT OF PERSONAL DATA
Pursuant to Article 13 of Law No.196/2003, is made the disclosure statement that follows. For more specific information, we suggest you refer to the page dedicated to Privacy. The data provided by the Customer shall be used exclusively for purposes related to the business. Will be stored on our database and used exclusively to benefit from the services of MasoniOnline. The information is only valid for this website: the Masoni Elio S.r.l. UNIPERSONALE is in no way responsible for other sites accessible through our links. The personal data will be processed by automated tools. Specific security measures are observed to prevent the loss of data, and illicit and unauthorized access. No data deriving from the web service shall be communicated or disseminated to third parties unless such disclosure is required by law. The conferment of data is entirely optional, but a refusal to provide such data may make it impossible to obtain the requested service. The data will not be disclosed to other parties, nor will it be circulated, transferred or sold to third parties. The holder of personal data is Daniele Masoni (via della Botte n. 51, Fornacette-Pisa). All treatments related to the web services of this website take place at Masoni Elio S.r.l. UNIPERSONALE and the contents are maintained by the employees of Masoni Elio S.r.l. UNIPERSONALE. At any time, the person concerned can exercise their rights against the holder's treatment pursuant to Article 7 of law No. 196/2003.
11 – COMPETENT COURT AND APPLICABLE LAW
The jurisdiction for the sales contracts concluded through the website MasoniOnline is that provided in Article 66bis of the Consumer Code. For the resolution of disputes is possible to resort to mediation procedures provided for by Legislative Decree 4 March 2010, n.28. It is also subject to the possibility of promoting alternative dispute resolution, as provided by Articles 66 and 141 of the Consumer Code. The law applicable to sales contracts governed by these general conditions is the Italian one, excluding the conflict rules and in any case of the rules of private international law. It also excludes the applicability of the Vienna Convention on the Sale of Goods of 1980.
ADR
According to article 49, paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer who intends to resolve a dispute arising with the merchant can invoke the procedure of Conciliation. The procedure can be initiated if the consumer after having complained to the company, within 45 days, has not received a reply that is deemed not satisfactory to him. The customer who decides to make use of the Conciliation procedure is obliged to send the application to the address: conciliazione@consorzionetcomm.it or fax: 02/87181126. For more information please visit the website: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
ODR
According to art. 14 of Regulation 524/2013 we inform the user that in the event of a dispute he may file a complaint with the EU platform accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who want to settle in the framework of court disputes arising from sales or online services contracts. For more information contact: info@masonionline.it
ANNEX
Withdrawal form - Pursuant to Article 49, paragraph 1, lett. h) D. lgs. 206/2005 -
(complete and return this form only if you wish to withdraw from the contract)
- Recipient: Masoni Elio S.r.l. UNIPERSONALE, Via della Botte, 51-56012 Fornacette (PI)
Tel.: +39 0587/420014 Fax: +39 0587/422168 mail: info@masonionline.it
- With the present, notify the withdrawal from the contract of sale of the following goods:
order n., description and quantity of the product: ______________________________
__________________________________________________________________
- Ordered on: ________________________
- Full name (of the subscriber): _________________________________
- Address (of the subscriber): _________________________________________
Signature
_________________________________
Data
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