Conditions of Purchase
General Conditions of Sale
The user browsing in this area accesses to the website www.martingourmet.it, whose object is the online sale of high-quality food. The browsing and the transmission of purchase order on the website implicate the acceptance of the conditions and policies of the data protection adopted by the website itself.
Age: Any natural or legal entity placing an order on our website certifies to be 18 years old or over and has the legal capacity to contract.
These conditions of sale apply only to the sale of products with exclusive reference to the purchases made on the website www.martingourmet.it in accordance with the provisions of Part III, Title III Chapter I, Consumer Code (D. Lgs. n. 206/05 amended from D. Lgs n. 21/14 and D. Lgs. 70/03)” made by:
• Panificio Gastronomia Pasticceria Fratelli Martin 1958
Address: Via A. Gemelli 31 33170 Pordenone (Friuli Venezia Giulia)
Registration number: …
Before accessing the products supplied by the site, the user must read these general conditions of sale which are generally and unequivocally understood to have been accepted at the time of purchase.
The buyer is invited to download and print a copy of the purchase order form and of the present general conditions of sale, the terms of which the seller reserves the right to unilaterally change without any warning.
It is possible to use this site, to access the products supplied by it and to buy the products, in the following languages:
The present General Conditions of Sale regulate the offer, forwarding, and acceptance of purchase orders on the website www.martingourmet.it.
3. CONCLUSION OF THE CONTRACT
The order will be concluded as soon as the buyer will complete the electronic form with the desired products and relative quantities, writing the full address legibly.
Before concluding the contract, it will be asked to confirm that he/she has read the General Conditions of Sale, including information on the right to terminate and the treatment of personal data. The contract is concluded when the buyer, verified the confirmation of the purchase order which will report the shipping methods and the costs, will make the payment. In case of unavailability of the products, it will be our duty to convey possible alternatives. In case of billing from those registered for VAT purposes, the billing must be requested in the moment of confirmation of the order, writing the required data. Otherwise, the seller will give a non-modifiable receipt.
The availability of the products refers to the actual availability at the time in which the buyer places an order on the website www.martingourmet.it. Such availability must be considered purely indicative, because due to the simultaneous presence of more user on the website, the products could be sold before the order confirmation. The cancellation of the order must be done before the shipment of goods. If the shipment has already been processed (see the right of termination).
The website www.martingourmet.it has as its object high-quality food (cold cuts, bakery products). The weight and the price of the goods will be specified in the order confirmation.
The price of the products is stated on the website and is inclusive of VAT, but it doesn’t include the shipping costs. The prices may be subject to change at any time. The changes do not concern the orders which have already received the confirmation.
The payment can be made by:
If payment is done by bank transfer, the customer can speed up shipping by sending a copy of the receipt to firstname.lastname@example.org.
For each order, Fratelli Martin 1958 issues a receipt that will be inserted in the package. In the case of a gift box, the receipt will be sent by email to the customer who placed the order.
Time of transfer of the product property.
The right of the ownership of the products purchased on this website, transfers to the customer only when the payment is done. The risk of breakage of the products pass to the customer upon delivery.
The delivery can be made in the following countries:
Austria, Belgium, Denmark, Finland, France, Germany, Lithuania, Latvia, Luxemburg, The Netherlands, Romania, Sweden.
The terms of delivery must be specified in the order, otherwise, the shipment will be done at discretion of F.lli Martin 1958 within the terms of 30 days from the day of payment. Fratelli Martin will not be responsible for any mistake in the writing of the address. The deliveries will be made on Monday and Tuesday, for perishable goods, and on Monday, Tuesday and Wednesday, for non-perishable goods. As soon as the courier receives the goods, the customer will receive an email with the shipping address, name of the shipper and tracking number. For any difficulties, please do not hesitate to contact F.lli Martin at email@example.com. At the time of delivery, the customer must verify the conditions of the product. If the package displays signs of breakage, tampering or alteration, we invite the customer to accept the package as “SUBJECT TO INSPECTION” and send immediately an email to firstname.lastname@example.org. Please, attach a photo of the courier’s coupon in which you can see written “PROVISIONALLY ACCEPTED” and a list of the damaged goods. Whenever the package will be accepted without “SUBJECT TO INSPECTION”, it will be impossible for us to replace the goods. The delivery is completed when the product is made available to the user at the indicated address. In the event of a non-delivery to the specified address, due to absence of the recipient, the courier will leave a card to certify the delivery attempt. On the card, there will be indicated the data the customer will have to use in order to contact the courier and to define an appointment for a second attempt of delivery. After two failed attempts of delivery, the package will remain in stock. F.lli Martin’s Customer Service will contact the user to make sure the delivery takes place as soon as possible. Even if this attempt fails, the goods will be resent to F.lli Martin.If, before the expiry of thirty days, the buyer asks for the package to be resent again, F.lli Martin will send it after the payment of previous failed-deliveries, of return costs of the goods to F.lli Martin, of perished products (if present) and the costs of custody.
After thirty days from the date in which the product was resent to F.lli Martin, the contract will be considered as complete and the purchase ordercanceled according to the Article 1456 of Civil Code. F.lli Martin will reimburse the total amount paid by the user, net of delivery expenses, return costs and the cost of any perished product. The termination of the contract and the amount of the refund will be communicated to the user via email. The amount of the reimburse will be credited with the paying method used by the buyer for the purchase.
F.lli Martin does not make shipments at companies which provide services to address, hold mail or storage.
RIGHT OF CANCELLATION
In accordance with what provided for in Article 64 and the following of Decreto Legislativo 6 September2005 n. 206 S.M.I., the customer if not satisfied with the products, could return the goods and obtain the refund of the total amount of the advanced payment. The customer must communicate the decision within 14 days via email at: email@example.com, on condition that the notice of withdrawal is confirmed using a registered letter with proof of receipt within the next 48 hours. The user will ship the goods, properly packed in the original packaging, within 14 days from the date of delivery. The customer can use a courier of his/her own choice and the costs are borne by him/her.
We ask the customers to ship the products exclusively to F.lli Martin 1958, with the following indication:
Fratelli Martin Snc Via A. Gemelli, 31 33170 Pordenone – Italia
Pursuant to Article 67, II subparagraph of the Civil Code, the integrity of the product constitutes a necessary condition for the right of withdrawal. The goods mustn't be damaged and/or altered. In the case of perishable products, the customer must conserve them at a controlled temperature, otherwise, the reimburse cannot be made (the goods will be considered damaged).
For exercising the right of withdrawal, it is not required that the goods to be returned, are insured against theft and accidental damages due to the transport.
Since the customer is responsible for the return of the goods, Fratelli Martin suggests making insurance for the value indicated on the order confirmation email.