The Purchaser expressly declares that he/she is making the purchase for purposes unrelated to his/her trade or profession.

Identification of the Supplier

The goods covered by these general conditions are offered for sale by MICHELE MARIN ESSENZA with registered office in FLORENCE, Piazza INDIPENDENZA n. 1, VAT number 06226760483

Hereinafter referred to as “Supplier”.

Art. 1

Definitions

1.1 The expression “online sales contract” shall mean the contract of purchase and sale relating to the Supplier’s tangible movable property, entered into between the Supplier and the Purchaser within the framework of a system of distance selling by means of telematic tools, organized by the Supplier.

1.2. The term “Buyer” means the consumer natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.

1.3. The expression “Supplier” means the subject indicated in the epigraph or the subject providing information services.

Art. 2

Subject matter of the contract

2.1. By this contract, respectively, the Supplier sells and the Buyer purchases at a distance through telematic means the tangible movable goods indicated and offered for sale on the website https://www.michelemarinessenza.it.

2.2. The products referred to in the preceding paragraph are illustrated on the web page: https://www.michelemarinessenza.it/.

Art. 3

Method of entering into the contract

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet network by means of the Buyer’s access to the address https://www.michelemarinessenza.it, where, following the indicated procedures, the Buyer will arrive to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.

Article 4

Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded by the exact completion of the application form and the consent to the purchase manifested through the accession sent online or by filling out the form/form attached to the electronic catalog online at https://www.michelemarinessenza. it/payment/ and the subsequent sending of the form itself, always after displaying a printable web page summarizing the order, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal are indicated.

4.2. At the time when the Supplier receives the order from the Buyer, it shall provide for sending a confirmation e-mail or displaying a printable web page confirming and summarizing the order, in which the data recalled in the preceding paragraph are also shown.

4.3. The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the preceding paragraph.

Art. 5

Terms of payment and reimbursement

5.1. Any payment by the Buyer may be made only by one of the methods indicated on the appropriate web page by the Supplier.

5.2. Any possible reimbursement to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of the exercise of the right of withdrawal, as governed by Art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.

5.3. All communications regarding payments shall take place on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in deference to the provisions of the current data protection regulations.

Art. 6

Time and manner of delivery

6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the good, as confirmed in the e-mail referred to in Art.

6.2. The timing of the shipment may vary from the same day of the order to a maximum of 20 working days from the confirmation of the order. In the event that the Supplier is unable to ship within said timeframe but, in any event, within the timeframe indicated in the following point, timely notice will be given by e-mail to the Buyer.

6.3. Shipping methods, times and costs are clearly indicated and well highlighted on the summary page called the shopping cart https://www.michelemarinessenza.it/carrello/.

Art. 7

Pricing

7.1. All sales prices of the products displayed and indicated within the website https://www.michelemarinessenza.it are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.

7.2. The sale prices, referred to in the previous point, are inclusive of VAT and any other taxes. The shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure prior to the submission of the order by the Purchaser and also contained in the summary web page of the order placed.

7.3. The prices indicated in correspondence with each of the goods offered to the public are valid until the date indicated in the catalog.

Art. 8

Availability of the products

8.1. The Supplier shall ensure through the telematic system used the processing and fulfillment of orders without delay. To this end, it indicates in real time in its electronic catalog the number of available and unavailable products, as well as the shipping times.

8.2. If an order exceeds the existing quantity in the warehouse, the Supplier will, by e-mail, inform the Buyer whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether he intends to confirm the order or not.

8.3. The Supplier’s computer system shall confirm in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the User, in accordance with point 4.2.

Art. 9

Limitations of liability

9.1. The Supplier assumes no liability for inefficiencies attributable to force majeure in the event that it fails to execute the order within the time stipulated in the contract.

9.2. The Supplier shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its subcontractors.

9.3. The Supplier shall also not be liable in respect of damages, losses and costs suffered by the Purchaser as a result of the non-performance of the contract for reasons not attributable to it, the Purchaser being entitled only to a full refund of the price paid and any ancillary charges incurred.

9.4. The Supplier assumes no liability for any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and according to ordinary diligence.

9.5. In no event shall the Purchaser be liable for any delay or mishap in payment if it proves that it has made such payment in the time and manner specified by the Supplier.

Art. 10

Defect liability, proof of damage and compensable damages: the Supplier’s obligations

10.1. Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier is liable for the damage caused by defects in the goods sold if he fails to inform the Damaged Party, within the period of 3 months from the request, of the identity and domicile of the manufacturer or the person who supplied him with the goods.

10.2. The said request, by the Damaged Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain an offer to view the product, if it still exists.

10.3. The Supplier shall not be liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.

10.4 No compensation shall be due if the Damaged Party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed itself to it.

10.5. In any case the Damaged Party shall prove the defect, the damage, and the causal connection between defect and damage.

10.6 The Damaged Party may claim damages caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided it is of a type normally intended for private use or consumption and so primarily used by the Damaged Party.

10.7. The damage to property referred to in Article 123 of the Consumer Code shall, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387).

Art. 11

Guarantees and modes of assistance

11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within a period of 2 years after delivery of the goods.

11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist:

  1. (a) are suitable for the use for which goods of the same type are customarily used;
  2. (b) conform to the description made by the Seller and possess the qualities of the good that the Seller has presented to the Consumer as a sample or model;
  3. (c) have the usual quality and performance of goods of the same type, which the Consumer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or its agent or representative, in particular in advertising or on labeling;
  4. (d) are also suitable for the particular use intended by the Consumer and which has been brought to the knowledge of the Seller by the Consumer at the time of the conclusion of the contract and which the Seller has also accepted by implication.

11.3. The Buyer shall forfeit all rights if he fails to report the lack of conformity to the Seller within the period of 2 months from the date on which the defect was discovered. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it.

11.4. In any event, unless proven otherwise, it shall be presumed that defects of conformity which become apparent within 6 months after delivery of the goods already existed on that date, unless such assumption is inconsistent with the nature of the goods or the nature of the defect of conformity.

11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to Article 130, paragraph 4, of the Consumer Code.

11.6. The request must be made in writing, by registered letter with acknowledgment of receipt, to the Supplier, which will indicate its willingness to carry out the request, or the reasons preventing it from doing so, within 7 working days of receipt.

In the same communication, where the Supplier has accepted the Purchaser’s request, it shall indicate how the goods are to be shipped or returned, as well as the deadline for the return or replacement of the defective goods.

11.7 If repair and replacement are impossible or excessively burdensome, or the Supplier has failed to repair or replace the good within the time limit referred to in the preceding paragraph or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Purchaser, the Purchaser may, at its option, request an appropriate reduction in the price or termination of the contract. The Purchaser shall in such case send his request to the Supplier, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within 7 working days of receipt.

11.8. In the same communication, where the Supplier has accepted the Purchaser’s request, it shall indicate the proposed price reduction or the manner in which the defective goods are to be returned. It shall be the Buyer’s burden in such cases to indicate how the sums previously paid to the Supplier are to be credited.

Art. 12

Obligations of the Purchaser

12.1. The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.

12.2. The Buyer undertakes, upon completion of the online purchase procedure, to arrange for the printing and storage of this contract.

12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.

Art. 13

Right of Withdrawal

13.1. The Buyer has, in any case, the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.

13.2. In the event that the professional has not fulfilled its obligations to provide information on the existence, manner and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal referred to in Article 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.

13.3. In the event that the Buyer decides to exercise the right of withdrawal, he must notify the Seller MICHELE MARIN ESSENZA by e-mail at ordini@michelemarinessenza.it. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that the same terms. The date of delivery to the post office or shipper will be deemed authentic between the Parties.

13.4. The return of the good must in any case be made no later than 30 (thirty) days from the date of receipt of the good itself. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.

13.5. The Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or computer software sealed, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is unable to control and in any other case provided for in Article 55 of the Consumer Code.

13.6. The only costs payable by the Consumer for the exercise of the right of withdrawal under this Article shall be the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.

13.7. The Supplier shall refund the full amount paid by the Purchaser free of charge within a period of 30 (thirty) days from receipt of the notice of withdrawal.

13.8. With the receipt of the notice by which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.

Article 14

Causes of termination

14.1 The obligations referred to in item 12.1, assumed by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes by the means referred to in item 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in item 6, have an essential character, so that, by express agreement, the non-fulfillment of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code without the need for judicial pronouncement.

Art. 15

Protection of confidentiality and treatment of Buyer’s data

15.1. The Supplier shall protect the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation set forth in Legislative Decree No. 196 of June 30, 2003.

15.2 Personal data and tax data acquired directly and / or through third parties by the Supplier MICHELE MARIN ESSENZA, owner of the treatment, are collected and processed in hard copy, computer, telematics, in relation to the methods of treatment with the purpose of registering the order and activate in its regard the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of business relationships to the extent necessary to best perform the service requested (art. 24, paragraph 1, lett. b, Legislative Decree 196/2003).

15.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be produced only at the request of the Judicial Authority or other authorities authorized by law.

15.4. Personal data will be disclosed, subject to the signing of an undertaking of confidentiality of such data, only to parties delegated to carry out the activities necessary for the execution of the contract entered into and communicated exclusively within the scope of this purpose.

15.5. The Buyer enjoys the rights set forth in Article 7 of Legislative Decree 196/2003, namely the right to obtain:

15.6 The disclosure of its personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing this, the Buyer’s application cannot be processed.

15.7 In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place in a secure manner.

15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Buyer may address, at the company headquarters, any request.

15.9. Anything that may be received at the Center’s mail address (including electronic) (requests, suggestions, ideas, information, materials, etc.) shall not be considered information or data of a confidential nature, shall not violate the rights of others and shall contain valid information, not detrimental to the rights of others and truthful; in any case, no responsibility can be attributed to the Center for the content of the messages themselves.

Art. 16

Arrangements for archiving the contract

16.1 In accordance with Art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier’s premises according to criteria of confidentiality and security.

Art. 17

Communications and complaints

17.1. Written communications directed to the Supplier and any complaints will be considered valid only where they are sent to the following address: MICHELE MARIN ESSENCE with head office in FLORENCE, INDEPENDENCE Square No. 1, or sent by e-mail to the following address ordini@michelemarinessenza.it. The Purchaser shall indicate in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.

Article 18.

Settlement of Disputes

18.1. All disputes arising from this contract shall be referred to the Florence Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by it.

18.2. If the Parties intend to refer to the ordinary judicial authorities, the competent court is the one of the place of residence or elective domicile of the Consumer, which is mandatory under Article 33, paragraph 2, lett. u) of Legislative Decree 206/2005.

Art. 19

Applicable law and referral

19.1. This contract is governed by Italian law.

19.2. For all that is not expressly provided herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.

19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to herein.

Art. 20

Final Clause.

This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject matter of this contract.