Definitions
For the purposes of these General Terms and Conditions of Sale, the following definitions shall apply:
“Markbass S.p.A.” or “Seller”: with registered office in San Giovanni Teatino (CH), Via Po n. 52, VAT number IT01927720696, PEC: parsek@emailcertificatapec.it, registered with the Chamber of Commerce of Chieti under REA number 133708, share capital of Euro 1,857,800 fully paid, telephone: +39 0854465705
“Customer”: the natural or legal person who accesses the Site to purchase the Products;
“Consumer”: the Customer, a natural person, who acts for purposes unrelated to their entrepreneurial, commercial, artisanal or professional activity possibly carried out pursuant to art. 3 of Legislative Decree No. 206 of September 6, 2005;
“Site”: the web address named https://www.markstore.it/;
“Products”: the goods produced by the Seller and sold by the same through the e-commerce Site;
“Order”: the purchase proposal made by the Customer through the Site procedures and in particular through the Cart;
“Cart”: the phase of the purchase procedure in which the Customer chooses the Product, selects the payment methods, delivery, etc.;
“Consumer Code”: the Consumer Code, regulated by Legislative Decree No. 206 of September 6, 2005 and subsequent amendments and additions;
1. Subject and Acceptance of these T&C
1.1 These T&C regulate the offer and sale of Products by the Seller on its Site.
1.2 The offer and sale on the Site constitute a distance contract.
1.3 The applicable T&C are those in force on the date the Order is sent and are deemed to have been read and accepted by the Customer, who must check the acceptance box to proceed with sending the Order.
2. Conclusion of the Sales Contract
2.1 Before completing the Order, the Customer receives all mandatory information (product characteristics, total price, delivery costs, right of withdrawal, etc.) pursuant to art. 49 of the Consumer Code.
2.2 After choosing the Products and carefully verifying the information entered regarding delivery and the shipping method, the Customer proceeds to pay the price. The Order is placed by confirming it and is subject to payment of the price, taxes and shipping costs as specifically indicated in the Order summary form.
2.2 Sending the Order does not constitute acceptance of the order. The contract is concluded when the Seller sends the Order confirmation to the email address provided by the Customer.
2.3 The Seller reserves the right not to confirm an Order, notifying the Customer within 5 working days from the placement of the order, at the email address associated with their purchase. In this case, the Seller will refund the price and shipping costs paid by the Customer.
2.4 The Order may only be cancelled before receiving the Order confirmation email from the Seller.
3. Price and Payment Methods
3.1 Prices are expressed in Euros and include VAT. If the purchase is made from a country of origin where another currency circulates, the Customer will calculate the exact amount of the price in their currency at the time of payment.
3.2 If the Seller receives an amount lower than that indicated on the Site, including all cost items, the Seller is not required to ship the Products until the amount has been supplemented.
3.2 The shipping costs of purchased Products may vary based on weight, the number of selected items and the destination location of the goods. The Customer is always informed of the amount of shipping costs before completing the purchase procedure and making payment.
3.3 The payment methods accepted by the Seller are those indicated on the Site during the Order payment procedure.
4. Availability
4.1 In case of unavailability of the ordered Product, the Seller undertakes to replace it with a new supply or, if this is not possible, to refund the amount paid by the Customer immediately and, in any case, within 30 (thirty) working days from the day following the sending of the Order. The refund amount will be communicated by email or other communication channel provided by the Site and credited through the same means used for payment. In case of bank transfer, it will be necessary to provide all the necessary information to proceed with the credit. The Seller cannot be held responsible for any delays in crediting the refund that depend on the Seller’s or Customer’s bank institution.
4.2 The images and colors inserted on the Site relating to the Products are indicative and may differ from the real ones due to various factors, including photographic filters.
5. Delivery Methods
5.1 The shipping cost of the Products is expressly indicated during the Order.
5.2 The Seller uses an express courier selected by the same based on the delivery country.
5.3 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the Customer.
5.4 The delivery terms are indicated during the Order procedure; in case of omission of a specific delivery term, this will take place, in any case, within thirty days from the conclusion of the contract, pursuant to art. 61 of the Consumer Code.
5.5 It is up to the Customer to verify the condition of the Product that has been delivered. The risk of loss or damage to the Products is transferred to the Customer when the Customer physically takes possession of the Product. The Customer must verify the number of Products received, that the packaging is intact, not damaged, nor otherwise altered and if necessary indicate on the carrier’s transport document any anomalies, accepting the package with reservation.
5.6 The Customer acknowledges that collection of the Product is their specific obligation arising from the purchase contract. In case of failed delivery due to the recipient’s absence at the address specified in the Order, the courier will leave a notice to certify the delivery attempt. The notice will indicate the telephone number that the user must contact to request that the courier make a second delivery attempt. After two failed delivery attempts, the package will be “held for collection”. In case of failure to collect within the deadline established by the courier, the products will be returned to the Seller who will refund the price of the Products, except for shipping costs. The Seller will not be responsible for delivery errors due to inaccuracies or incompleteness in completing the purchase Order by the Customer, for any damage that may have occurred to the Products after delivery to the courier, where the latter was chosen and commissioned by the Customer, or for delays in delivery attributable to the Customer.
6. Products Subject to Installation
6.1 The Seller’s Products comply with Regulation (EU) 2023/988 on general product safety.
6.2 For Products that require installation, it must be carried out by qualified technical personnel.
6.2 In the event that the installation is carried out personally by the Customer or by unqualified personnel, the Seller cannot be held responsible for any malfunctions of the Product, nor for damage, of any kind, to things and persons caused by incorrect installation of the Product. In this case, the legal guarantee referred to in the following article 7 is excluded.
7. Product Warranty
7.1 Products purchased by Consumers are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code as well as by art. 10 of Directive (EU) 2019/771. The legal guarantee is reserved for all purchases made on the Site by Customers who have the quality of Consumer. For non-EU Consumers, Italian law applies in the terms referred to in art. 13 of these T&C.
7.2 For Products purchased by Customers who are legal entities, only the warranty for defects governed by articles 1490-1495 of the Civil Code applies.
7.3 In case of lack of conformity of purchased Products, the Consumer has the right to repair or replacement of the product, without any additional expense. Where this is excessively onerous for the Seller, the Consumer will have the right to termination of the contract or price reduction, pursuant to art. 135 quater of the Consumer Code.
7.4 The Consumer does not have the right to terminate the contract if the lack of conformity is only of a minor nature.
7.5 The legal guarantee is excluded in the event that the Product is installed personally by the Customer or by unqualified personnel, except in the case where the lack of conformity of the Product is independent of the incorrect installation carried out.
7.5 The warranty does not cover damage resulting from: negligence and carelessness, incorrect and improper use of the Product, any damage resulting from the use of the Product with power supply voltages other than those indicated, any damage resulting from modifications made to the device both on the electrical parts and on the aesthetic parts.
7.6 All liability is disclaimed for any damage that may, directly or indirectly, result to persons, things or animals as a consequence of failure to observe the instructions indicated in the appropriate operating manuals and concerning warnings regarding installation, use and maintenance of the device.
7.7 The use of the device outside normal safety conditions excludes all civil and criminal liability of the Seller.
7.8 Any damage caused by lightning, fire, force majeure of any type excludes all liability of the Seller.
8. Right of Withdrawal
8.1 The Consumer has the right to withdraw from the contract, without stating the reasons, within 14 days from the moment they acquire physical possession of the Products. To respect the withdrawal period, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the reflection period, i.e. 14 days. The Consumer can send direct communication to the email address: info@markstore.it
8.2 The Consumer must return the goods to the Seller, by delivering them to a third party authorized by the professional to receive the goods, without undue delay and in any case within 14 days from the date on which they communicated to the professional their decision to withdraw from the contract pursuant to art. 54 of the Consumer Code. The Consumer only bears the direct cost of returning the goods. The Product must be returned in its original packaging and in a state of perfect cleanliness. The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal.
8.3 If the Consumer withdraws from the Contract, all payments they have made to the Seller will be refunded. The refund will remain pending until the returned goods have been received by the Seller and will be made only after verifying the integrity of the goods themselves.
8.4 The Consumer is only liable for any diminished value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. Force Majeure
9.1 In case of force majeure, the execution of the Order will be suspended. Cases of force majeure include, in addition to those normally considered, total or partial strikes, internal or external to the Seller, blockage of means of transport or supply for any reason, governmental or legal restrictions, computer or electrical failures, telecommunications blockage including networks and in particular the internet.
9.2 In these cases, the Seller will communicate a new date for fulfilling the Order to the Customer, who may accept the new date if interested in maintaining the Order or withdraw from the contract, with relative refund of the price paid.
10. Industrial and Intellectual Property Rights
10.1 All industrial and intellectual property rights relating to the Site, trademarks, logos, designs, images, texts, databases, software and all Products, including their packaging, are the exclusive property of the Seller or attributed under license to the Seller.
10.2 Any reproduction, communication, download, modification or partial and total use of these elements belonging to the Seller or to third parties, for any purpose or by any means of communication, requires the written authorization of the Seller or the respective holders of intellectual property rights, except in cases where authorized by law. The Customer declares and guarantees that they have been informed that failure to comply with any of these obligations will expose them to legal action.
10.4 It is therefore forbidden to copy, disclose and modify content protected by copyright, registered trademarks or other intellectual and industrial property rights belonging to the Seller.
11. Privacy and Cookies
11.1 The Customer’s data is processed by the Seller in accordance with the provisions of the regulations on the protection of personal data, as specified in the “Privacy Policy” and in the “Cookie Policy” present on the Seller’s Site, pursuant to art. 13 of Legislative Decree no. 196/2003 and art. 13 of EU Regulation 679/2016 (GDPR).
11.2 All information relating to the processing and storage of Customers’ personal data can be obtained by consulting the “Privacy Policy” present on the Site. For any further information on the processing of the Customer’s personal data, it is possible to send requests to the email address info@markbass.it or to the address of the Seller’s registered office.
12. Customer Support
12.1 The Seller makes the following email address available to the Customer: info@markstore.it, the following telephone number +39 0854465705. The customer support service will be operational on working days from 10:00 to 13:00 and from 15:00 to 19:00. The Seller will respond within 1-3 days from the support request, except in cases, duly reported on the Site, of company closure.
13. Applicable Law and Judicial and Extrajudicial Dispute Resolution
13.1 These T&C, as well as each sales contract, are governed by Italian law and are subject to Italian jurisdiction. In particular, the contractual relationship between the Seller and the Customer is regulated by these T&C as well as, in the event that the Customer is a Consumer, by the Consumer Code, by the e-commerce Decree (Legislative Decree No. 70 of April 9, 2003 and subsequent amendments) and by the Privacy Code (Legislative Decree No. 196 of June 30, 2003 and subsequent amendments).
13.2 In the case of a Customer who is not a Consumer, any dispute relating to T&C or sales contracts shall be devolved to the exclusive jurisdiction of the Court of Pescara.
13.3 In the case of a Customer who is a Consumer, any dispute relating to T&C or sales contracts shall be subject to the jurisdiction of the court of the Consumer’s place of residence or domicile pursuant to art. 66bis of the Consumer Code.
13.4 It is specified that Italian law applies to EU Consumers; this choice does not serve to deprive the consumer of the protection afforded to them by provisions which may not be derogated from by agreement under the law of the country where the consumer has their habitual residence, pursuant to art. 6.2 of Regulation (EC) No. 593/2008.
13.5 It is also specified that Italian law applies to non-EU Consumers, without prejudice to the application of mandatory consumer protection rules established in the country of residence of the same.
13.5 If the Seller’s decision regarding a dispute does not satisfy the Customer, the latter could initiate an out-of-court resolution pursuant to the Regulation on digital services Regulation (EU) 2022/2065 (DSA, Digital Services Act). To access this resolution process, it is first necessary to contact a certified body for out-of-court dispute resolution, the list of which is published by the European Commission (https://digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement). It is specified that the decisions of out-of-court dispute resolution bodies are not binding on the Customer or the Seller.
