GENERAL CONDITIONS OF CONTRACT ESTABLISHED BY 2M Store by Marco Mariani.
1. General provisions
These general conditions of sale (hereinafter, "GENERAL CONDITIONS") are provided by Marco Mariani's 2M Store (hereinafter referred to as 2M Store) to its customers with a view to transparency and completeness and apply to all product sales (hereinafter, "PRODUCTS" or "PRODUCT") purchased through the website www.2mstore.it (hereinafter, "SITE").
Entering a company name may sometimes find it necessary to modify some provisions of the General Conditions; therefore we invite customers to consult them before each visit to the SITE.
The validation of an order implies the tacit reading and acceptance of the General Conditions present at that moment.
The use of the distance selling service through the aforementioned SITE is therefore described in these GENERAL CONDITIONS and is reserved for consumers (hereinafter, "CUSTOMERS" or "CUSTOMER").
The language available to conclude the contract is Italian.
In accordance with the provisions of the Italian and Community laws currently in force, the economic relationship between the Supplier and the CUSTOMER is governed by consumer protection legislation only if the CUSTOMER purchases for personal purposes unrelated to his work.
The CUSTOMER is required to carefully read the GENERAL CONDITIONS that have been made available to him on the SITE, in order to allow them to be stored and reproduced by the CUSTOMER pursuant to art.12 of Legislative Decree 9 April 2003, n. 70. The contracts concluded with 2M Store (as defined below) through the SITE are governed by Italian law and, in particular, by the Legislative Decree 6 September 2005, n. 206 (hereinafter "CONSUMER CODE") and by Legislative Decree 9 April 2003, n. 70 (hereinafter, "ECOMMERCE DECREE").
2. Identification of the seller
The seller is 2MSTORE.IT SRL - P.IVA/C.F. 09001280727 - REA BA-664622 Legal and operational headquarters: Via Trento, 37 - 70010 Capurso (BA)
3. Information relating to the PRODUCTS
The information relating to the PRODUCTS that are capable of distance selling through the SITE are available on the web at www.2mstore.it. The aforementioned information is provided in accordance with articles 52 and 53 of the CONSUMER CODE.
4. Price
The price of the PRODUCTS is inclusive of all taxes and duties. Shipping costs are not included.
All prices are expressed in Euros. Shipping costs are charged to the CUSTOMER and can be consulted in advance both before the final confirmation of the order, and in the appropriate section of the SITE dedicated to shipping costs and quotes.
5. Purchase procedure
The invoice must be requested only and exclusively at the time of order specifying the complete data for billing.
Otherwise, after receiving the order, it cannot be issued in any way as the receipt of the relative purchase will be automatically produced.
The essential characteristics and prices of the PRODUCTS are shown in the offer for each Product.
The SITE is structured as an online catalog that can be freely consulted without the need for preliminary identification.
For the purpose of purchasing the PRODUCTS, the CUSTOMER is obliged to specify his qualification as a private individual, through a registration procedure at the end of which he will obtain from the system the attribution of a user ID and password with which to access his personal account.
For registration you will be asked to enter the personal data necessary for the identification of the CUSTOMER as well as the tax data (for example CF date and place of birth, residence and / or domicile) necessary for the correct fulfillment of the tax charges resulting from the commercial transaction that we will enter into and finally personal data (telephone number, mobile phone, e-mail) in order to allow the receipt of information about the status of the orders and to allow the timely cancellation or modification of the orders.
The CUSTOMER is responsible for the truthfulness and correct insertion of the data required for registration, therefore, for the purpose of purchasing products for which the age of majority (alcohol or other) is required, the user, by registering on the site, will give confirmation or not of the age requirements to proceed with the purchase of the various types of goods permitted by the regulations in force in Italy.
The processing of data provided by the CUSTOMER is carried out by 2M Store in compliance with privacy regulations.
Once registered, the CUSTOMER can proceed with the purchase by completing and sending the order form in electronic format to 2M Store, following the instructions on the SITE.
The CUSTOMER must put the PRODUCT in the appropriate "virtual cart" and, after having read the GENERAL CONDITIONS, with particular reference to the contribution for delivery costs and the methods of exercising the right of withdrawal, must select the desired payment method and choose the "cart" option.
Before submitting your purchase order, the CUSTOMER will have the opportunity to correct any errors in data entry by following the appropriate modification procedure contained in the SITE.
In particular, the CUSTOMER has the right to modify the quantity of the PRODUCTS he intends to purchase, adding or removing one or more PRODUCTS from the "virtual cart".
By sending the order, the CUSTOMER acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the GENERAL CONDITIONS.
The CUSTOMER will have the opportunity to view and follow the status of his order through subsequent communications.
In any case, once the order has been received, the site will contact the CUSTOMER by e-mail at the address provided when registering and creating the user account, to report that the order has been received, summarizing the contents of the same, the shipping address and the payment methods chosen, allowing the CUSTOMER to cancel or modify the order before it is shipped (for further details see art. 7 below). 2M Store reserves the right to evaluate the acceptance of orders received.
By way of example but not limited to this faculty, please refer to the following art. 8. 2M Store will notify the CUSTOMER of any impossibility of accepting orders received within 30 days from the day following that on which the order was sent and will refund any sums already paid for the payment of the supply.
6. Methods of payment
The CUSTOMER can pay the price of the PRODUCTS and the related delivery costs by credit card, Pay Pal or bank transfer.
Payments made with the following credit cards are accepted: Visa, MasterCard, American Express and cards issued by the major transaction circuits.
The transaction will be charged to the CUSTOMER's credit card only after:
- the company that manages the online transaction service of the credit card circuit provided by the CUSTOMER has verified the data of the same,
- the debit authorization has been received from the company issuing the credit card used by the CUSTOMER.
In the event that, for any reason, the debit of the amounts due by the CUSTOMER proves impossible, 2M Store will cancel the transaction and the sale will be automatically canceled.
7. Confirmation of receipt of the order
In compliance with the provisions of art. 53 of the CONSUMER CODE, the CUSTOMER receives, at the time of the execution of the contract, by e-mail, the confirmation of receipt of the purchase order originally sent according to the methods referred to in article 5 of these GENERAL CONDITIONS, containing a summary of the essential characteristics of the product ordered, the order quantity, its price, the amount paid, the existence, for CUSTOMERS, of the right of withdrawal - with an indication of the times and methods for returning the good - of the geographic address to present any complaints and information on existing assistance services and commercial guarantees, of the GENERAL CONDITIONS.
In this communication, the Supplier will also indicate the deadline within which the CUSTOMER can proceed with the cancellation or modification of the order.
8. Ineffectiveness of the order
No contract is to be considered concluded between 2M Store and the CUSTOMER if 2M Store has reasonable grounds to believe that the CUSTOMER does not operate on the basis of an effective and genuine interest in the purchase of the ordered PRODUCTS, or abuses the right of withdrawal recognized by the 'art.12 below.
In such cases, the order sent by the CUSTOMER must be considered as having no effect.
2M Store will send to the CUSTOMER, by e-mail, a communication certifying the non-conclusion of the Contract, also taking care of the cancellation of any charge and / or expense charged to the CUSTOMER.
9. Transport and delivery
The PRODUCTS purchased on the SITE will be delivered to the address indicated by the CUSTOMER. In any case, the CUSTOMER has the right to request the delivery of the PRODUCTS to a natural person of his choice, whose residence or domicile is within the Italian territory. Upon delivery, the signature of an adult over the age of 18 will be required. No deliveries will be made to PO boxes. For each order placed on the SITE, 2M Store issues an invoice for the goods shipped, sending it by e-mail or mail to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issue of the invoice, the information provided by the CUSTOMER at the time of the order is authentic. No change in the invoice will be possible after it has been issued. Delivery costs are charged to the CUSTOMER and are clearly highlighted on the SITE. All purchases will be delivered by courier (hereinafter, "COURIER") from Monday to Friday, excluding holidays and national holidays. 2M Store is not responsible for unpredictable delays. 2M Store will send the CUSTOMER a confirmation e-mail once the PRODUCTS have been sent, in which the tracking number of the shipment will be specified through which it will be possible to view, after entering the COURIER'S SITE, the delivery status. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the CONSUMER CODE, the PRODUCTS will be delivered within a maximum period of 30 (thirty) days from the day following that on which the CUSTOMER has sent the order. to 2M Store, unless 2M Store notifies - within the same term, by e-mail - the impossibility of delivering the goods ordered as a result of the unavailability, even temporary, of the PRODUCTS. In the event of such communication, 2M Store will refund any sums already paid by the CUSTOMER for the payment of the supply. In the event that, in the face of the communication from Emporio Sardegna of a delay in the delivery date, the CUSTOMER who wishes to cancel the order, any amount already paid will be refunded (in the same manner performed by you) as soon as possible , and in any case no later than 14 (fourteen) days from the day following that in which the order was sent to 2M Store. For the delivery of the goods, the presence of the CUSTOMER is required, or alternatively of a representative in the address of the recipient indicated in the order. Pursuant to art. 63 of the Consumer Code, any damage to the packaging / packaging of the Products must be immediately contested by you by placing a written control reserve on the proof of delivery. It is understood that, once the delivery document has been signed without any dispute, you will be barred from any exception regarding the external characteristics of what has been delivered. In the event that the carrier has been chosen by you out of those proposed during the purchase phase, the risk of damage and the perimeter of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the external characteristics of what has been delivered. In this case, any dispute must be made directly by you against the carrier.
10. Right of withdrawal
Pursuant to the provisions of the CONSUMER CODE referred to in Legislative Decree 21/2014, relating to the Right of Withdrawal, the CUSTOMER has the right to withdraw from the contract, without indicating the reasons within 14 days.
The withdrawal period expires after 14 days from the day on which the buyer or a third party, other than the carrier, acquires physical possession of the goods.
To exercise the right of withdrawal, the CUSTOMER is required to inform 2M Store of its decision to withdraw from this contract through an explicit declaration, the CUSTOMER must send 2M Store a written communication within 14 working days from the date of receipt of the goods.
This communication must be sent by registered letter with acknowledgment of receipt, addressed to: Via Tansella, 53 / A - 70010 Capurso (BA) or by e-mail to the address 2mstore@libero.it, for this purpose it can also fill in and use the attached model withdrawal form, but it is not mandatory. You can also fill in and electronically send the withdrawal form or any other explicit declaration on our website www.2mstore.it. If you choose this option; We will immediately send you a confirmation of receipt of the withdrawal on a durable medium (e.g. by e-mail). To comply with the withdrawal deadline, it is sufficient for the CUSTOMER to send the communication concerning the exercise of the right of withdrawal within the aforementioned 14-day period.
EFFECTS OF WITHDRAWAL
If the CUSTOMER withdraws from this contract, you will be reimbursed for all the payments you have made in our favor, including the delivery costs (with the exception of the additional costs deriving from your possible choice of a type of delivery from the least expensive type of standard delivery from offered), without undue delay and in any case no later than 14 days from the day we are informed of your decision to withdraw from this contract. The refund could be held beyond 14 days only until you have demonstrated that you have sent the goods back or until they have been received by us, whichever occurs first. These refunds will be made using the same payment method used by the CUSTOMER at the time of the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any case, it will not incur any costs as a consequence of this refund.
EXCLUSIONS FROM WITHDRAWAL
This right cannot be exercised in relation to the categories of goods and services expressly specified in art. 59 of Legislative Decree 21 February 2014, n. 21 of the Consumer Code (by way of example but not limited to, the types of products marketed on the SITE are mentioned which are more likely to be subject to such exclusion or):
c) the supply of tailor-made or clearly personalized goods;
d) supply of goods that are liable to deteriorate or expire rapidly;
e) supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
f) supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market that cannot be controlled by the professional).
Once we have received the aforementioned notice of withdrawal, the CUSTOMER Service Emporio Sardegna will communicate to the CUSTOMER the instructions on how to return the goods.
The right of withdrawal is however subject to the following conditions:
1. The law applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.
2. By law, the shipping costs for returning the goods are charged to the CUSTOMER.
3. The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the CUSTOMER.
4. 2M Store does not respond in any way for damage or theft / loss of goods returned by uninsured shipments.
5. In the event of damage to the goods during transport, 2M Store will notify the CUSTOMER of the incident (within 5 working days of receipt of the goods in its warehouses), to allow it to file a complaint against the courier chosen by him and obtain the reimbursement of the value of the asset (if insured).
In this eventuality, the product will be made available to the CUSTOMER for its return at the same time canceling the request for withdrawal.
6. If you withdraw from the contract, you will be reimbursed for all the payments you have made in our favor, including the delivery costs (except for the additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case within 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. The refund could be withheld beyond 14 (fourteen) days only until you have demonstrated that you have sent back the goods or until they are received by us, whichever occurs first.
7. 2M Store will reimburse the CUSTOMER the full amount already paid, within 14 days of the return of the goods, by reversing the amount charged to the credit card or by bank transfer.
In the latter case, the CUSTOMER will provide the bank details on which to obtain the refund (IBAN Code - Current Account of the invoice holder).
The right of withdrawal is lost for lack of the essential integrity of the property (packaging and / or its content), in cases where 2M Store finds:
to). The lack of the external packaging and / or the wrapping containing the purchased product (eg pasta, biscuits etc.),
b). Damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, 2M Store will return the purchased good to the sender, charging the shipping costs to the sender.
DECREASE OF VALUE
The customer is only responsible for the decrease in value in case of withdrawal, of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Below is an example of a withdrawal letter.
Withdrawal Letter Standard
withdrawal form pursuant to art.49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographic address and, if available, telephone, fax
and e-mail addresses must be entered by the Customer ]:
- Hereby I / we notify the withdrawal from my / our ... contract of sale of the following goods / services
- Ordered on ... / received on ....
- Name of the consumer (s). ..
- Address of the consumer (s) ...
- Signature of the consumer (s) ... (only if this form is notified in hard copy)
- Date
11. Legal guarantee of conformity
The legal guarantee of conformity is foreseen by the Consumer Code (articles 128 et seq.) And protects the consumer in case of purchase of defective products, which malfunction or do not respond to the use declared by the seller or for which that good is generally intended.
The legal guarantee lasts two years from the delivery of the goods and must be asserted by the consumer within two months from the discovery of the defect: therefore, the proof of purchase must always be kept (tax receipt or receipt of which it is recommended to immediately make a photocopy because the cards of the receipts may become discolored over time).
The clauses inserted by professionals in contracts or general contract conditions with consumers that limit the duration of the legal guarantee or exclude it can integrate vexatious clauses pursuant to article 33, paragraph 2, letter b), of the Consumer Code.
12. Mistakes
The information relating to the PRODUCTS provided on the SITE is constantly updated.
However, the complete absence of errors cannot be guaranteed.
2M Store reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior communication.
The buyer is free to report any errors or inconsistencies found in the online catalog by sending an email to 2mstore@libero.it expressly inserting the wording "ERROR REPORTING" in the subject and specifying correctly the type of product or service in which the anomaly was found.
13. Limitation of Liability
Any information relating to the products sold by 2M Store is based exclusively on the data published and disclosed by the respective manufacturers, therefore 2M Store is not responsible for the correspondence of the goods sold with the specifications published on the SITE.
2M Store also declines all responsibility for malfunctions, interruptions of services, degradation of services, whether due to force majeure or unforeseeable circumstances, when they are not directly attributable to 2M Store itself due to willful misconduct or gross negligence.
The CUSTOMER acknowledges and accepts that the acquisition of order proposals by 2M Store through the website may be suspended during the closing periods.
Personal information such as personal data, tax code, VAT number, etc., are provided by the customer under his sole responsibility.
2M Store declines any charge that could be promoted due to any false statements that may be made by users of the site when registering and purchasing the products sold.
Where 2M Store has the certainty that the data provided by any type of customer during registration does not correspond to the truth, it reserves the right to report the conduct to the competent authorities.
14. Personal Data Management
The personal data provided by the CUSTOMER under its sole responsibility are collected, processed and used for the purpose of registering on the SITE and allowing the exercise of the commercial activity (order fulfillment, invoicing, etc.) and will in no case sold to third parties, in full compliance with current legislation.
The data processing is performed through IT supports, by specifically appointed subjects.
The data are stored in computer archives to which the minimum security measures provided by the legislator are applied.
Personal data may be communicated to the couriers and / or shippers used for the delivery of the Products.
The CUSTOMER can at any time access the data concerning him, update them, correct them, integrate them and, more generally, exercise the rights provided for in article 7 of Legislative Decree 196/03. The CUSTOMER can at any time exercise the right to object, in whole or in part, to the processing of their data and to request their cancellation.
The owner of the collection and processing of personal data is 2M Store. For further details in relation to the processing of personal data, please refer to the specific area of the SITE dedicated to Privacy.
15. Intellectual Property
All intellectual property rights, brands, copyrights, logos and models will remain the exclusive property of the respective manufacturers of what is marketed by 2M Store on the SITE.
16. Applicable Law and Competent Photo
These GENERAL CONDITIONS are governed by Italian law and must be interpreted in accordance with Italian laws.
For disputes arising from the interpretation, validity and / or execution of these GENERAL CONDITIONS the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in the Italian territory.
17. Settlement of Disputes
Pursuant to European Union Regulation no. 524/2013, we inform the CUSTOMER residing in Europe that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European CUSTOMER to resolve non-judicially any dispute relating to contracts for the sale of goods and services entered into on the net and / or deriving from the same.
Consequently, if you are a CUSTOMER established in Europe, you can use this platform to resolve any dispute arising from the online contract entered into by this site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
18. Contacts
For further information, please write to the following email address: info@2mstore.it or consult the specific contact section of the SITE.
The clauses referred to in articles 5. purchase procedure, 6. Payment methods, 7. Confirmation of receipt of the order, 8. Ineffectiveness of the order, 9. Transport and delivery, 10. Right of withdrawal, 11. Replacement of PRODUCTS, 12. Errors, 13. Limitation of liability, 16. Applicable law and jurisdiction, are vexatious in nature pursuant to and for the purposes of articles 1341 and 1342 of the CC, therefore for the purpose of concluding the aforementioned contract, you will be asked to read it and expressly accept its content.