The purpose of these General Terms and Conditions of Sale is the purchase of Martis Do® and Shorinji Kempo® products remotely via telematic network on the website www.martisdo.com belonging to the Marco Balvetti Indivudual Company (the Company) with registered office in Rome via Valerio Giacomini, 108 – 00134 P. Iva 15259361002. Every purchase transaction shall be governed by the provisions of the Legislative Decree. 185/99, DLgs. 206/05; information intended for the conclusion of the contract will be subject to art. 12 of the Legislative Decree. 70/03 and, as far as the protection of confidentiality is concerned, will be subject to the regulations set out in Reg. EU 679/2016 and DLgs. 196/03.
CONCLUSION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contracts for the sale of the products on the website www.martisdo.com are considered concluded when the purchase order is received by the Company and the Company accepts it. The Company will promptly send the customer receipt of the purchase order made by the customer. The customer, by sending his purchase order electronically, declares that he has read and accepted these general terms and conditions and undertakes to observe and respect them in his relations with the Company;
PERSONAL DATA PROCESSING
The data communicated by the Customer necessary for the execution of the contract are processed in accordance with the provisions of Reg. EU 679/2016 and D. Legislative Decree no. 2003 n. 196 on the Protection of Personal Data. For further information the Customer may consult the Privacy section of this site.
To make the purchase of the products it is necessary to make a prior registration. The user of the site can however choose to register: registration is free, quick and does not entail any obligation to purchase. The Customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details, other information useful for the order processing.
In observance of the agreements between the Company and the holder of the Shorinji Kempo® trademark, some products can only be purchased in Italy by users identified at the time of registration through the Kenshi number provided by WSKO.
COPYRIGHT AND TRADEMARKS
The contract does not give the Customer any right to the trademarks, logos and other distinctive signs of various kinds present on the site, nor to its contents.
OBLIGATIONS OF THE CUSTOMER
The Customer is required, before submitting his purchase order, to read these general conditions of sale carefully. The submission of the purchase order implies their full knowledge and acceptance. Finally, once the on-line purchase procedure has been completed, the Customer is required to print and keep these general conditions of sale, which have already been viewed and accepted during the conclusion of the contract.
By sending the order on-line, the Customer sends the Company a proposal for the purchase of the product and/or the products in the shopping cart. When the Customer places an order online for the products he has placed in the shopping cart, he agrees to purchase them at the price and terms indicated in these General Conditions of Sale.
The Company will inform the Customer of the acceptance and confirmation of the order.
The customer buys the product, the characteristics of which are illustrated on-line in the relative descriptive and technical sheets, at the price indicated therein, to which are added the delivery costs specified on the site. Before the purchase order is submitted, the unit cost of each selected product, the total cost in case of purchase of more than one product and the related delivery costs are listed. Once the purchase order has been sent, the customer will receive an e-mail message from the Company confirming receipt of the purchase order and containing information on the main characteristics of the goods purchased, the detailed indication of the price, delivery costs, applicable taxes and means of payment and containing a reference to the general conditions of contract and information on the existence of the right of withdrawal, the conditions and methods of its exercise displayed on the site.
The customer can select one of the following methods of payment.
- Payment by credit card: if the consumer intends to pay by credit card, he can use the PayPal payment procedure, suitable to ensure the confidentiality of the data provided by customers. For any information and further Legal Agreements please refer to the Client’s website www.paypal.com.
- Payment by bank transfer: Payment by bank transfer can be made using the following details:
– IBAN IT49W0501812100000016879330 – Header: Marco Balvetti
If payment is made by bank transfer, the purchased goods will be sent in the manner described in the following paragraph “Delivery of Products”, to the address indicated by the customer upon receipt of credit, then on average within two to five days after making the transfer (the timing varies depending on the credit institution used). To facilitate the process, you can send the payment receipt together with your order number by e-mail to: firstname.lastname@example.org.
The goods purchased, together with the relative invoice, are delivered by courier to the address specified by the Customer when ordering online. Any specific requirements must be submitted by the customer to the Company. In case of non-delivery due to the absence of the recipient, at the address indicated in the order, the courier will leave a notice and try again; if the recipient is still absent, the goods will be returned to the sender.
DELIVERY TIMES AND METHODS
The delivery of the products to the shipping address indicated by the customer in the order is made by express courier.
Delivery time of the products: 48 hours for Italy, 96 hours for Europe, 21 days for non-European countries, after 24 hours from the date of receipt of the order by the Company. The times are indicative and not strictly binding for the Company. In any case, delivery shall take place at the latest within thirty days from the date of conclusion of the contract.
In the event of non-delivery of the goods within the agreed time limit or within thirty days, the Client must invite the Company to make delivery within an additional time limit appropriate to the circumstances and is entitled to terminate the contract only if the additional time limit so granted expires without the goods having been delivered to him. In case of unavailability of one or more products, which occurs after the order confirmation, the Company shall inform the Customer by e-mail, except for the shipment of the remaining products ordered by the Customer. In this case the contract will remain valid only for the products actually shipped and the Customer will not be able to refuse partial delivery or payment of the goods actually delivered, nor will he have the right to obtain compensation or indemnification, but only to receive a refund of the price corresponding to the unavailable product or products, if already paid.
WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS
In the event that the Customer discovers a lack of conformity of the product, and is a consumer, the same has the right to ask for its repair or replacement without charge, where possible and not excessively onerous, and if these are not possible or would be excessively onerous, it may ask for a reasonable reduction in price or termination of the contract. However, termination of the contract is excluded in the event of minor defects of conformity.
Following the complaint, the Company will collect the product from the Customer within a reasonable period of time and, after verifying the existence of the discrepancy, replace it or, if the conditions are met, refund the price in part or in full; the Company is however entitled to propose alternative remedies available, such as, by way of example, the replacement of the product with another of a different nature but of equivalent value, chosen from those displayed on the site, or the issue of a voucher of value corresponding to the amount paid, to be used subsequently by contacting Customer Service; if the Customer accepts, the Company will provide the remedy specifically proposed.
RIGHT OF WITHDRAWAL
On the basis of the provisions of Articles 52 et seq. of Legislative Decree no. 206/2005, the Customer-consumer has the right to withdraw from the contract, without penalty and without specifying the reason, within and no later than fourteen days from receipt of the goods (or, in the case of multiple goods ordered by means of a single order and delivered separately, from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the last good).
In case of exercise of the right of withdrawal, the Client is obliged to return the goods received to the Company, sending them to its headquarters in Rome, via Valerio Giacomini, 108 – 00134 without undue delay and in any case within fourteen days after the date on which the Client has communicated his decision to withdraw from the contract; the term is considered respected if the Client returns the goods before the expiry of the fourteen day period.
The direct cost of returning the goods shall be charged to the Customer.
The Customer is obliged to return the goods in an intact state of preservation and with original labels not removed. The packaging of the products must be accurate, in order to protect the original wrappings from damage, writing or labels. The consumer is responsible for any reduction in the value of the goods resulting from handling the goods other than that necessary to establish their nature, characteristics and functioning. If the right of withdrawal has been exercised in accordance with the above provisions, the Company will, within thirty days of receipt of the notice of withdrawal, return to the Customer all payments received, in relation to the order to which the withdrawal refers, using the same means of payment used by the Customer for the initial transaction where this does not involve costs to the Customer as a result of the refund; however, pursuant to art. 56, paragraph III, Legislative Decree no. 206/2005, it is the Company’s right to withhold the refund until it has received the goods or until the Customer has demonstrated that he has returned the goods, whichever situation occurs first.
The right of withdrawal is only available to natural persons acting for purposes unrelated to their business, commercial, craft or professional activity (consumers). Therefore, dealers and companies, among others, are excluded from the right of withdrawal.
The right of withdrawal is also excluded, pursuant to art. 59 d.lgs. n. 206/2005, in the case of the supply of made-to-measure or clearly personalized goods, as well as sealed goods which are not suitable for return for hygienic or health protection reasons and which have been opened after delivery.
MODALITIES FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is exercised by sending, within the aforesaid term, a written communication to the address of the Company by registered letter with return receipt to the following address: via Valerio Giacomini, 108 – 00134 Rome or by certified e-mail to email@example.com. If delivery of the goods has taken place, the customer shall return them to the Company within 15 (fifteen) working days from the date of delivery of the goods. The goods must be returned to the Company complete with all parts and any accessories or instruction manual and everything originally delivered to the customer, as well as packed in its original packaging. A copy of the electronic order receipt must be attached to the returned product. The costs of returning the goods to the Company shall be borne by the customer. If the right of withdrawal is exercised by the customer in accordance with the provisions contained in this clause, the Company shall be obliged to refund the sums paid by the customer. In particular, the Company will proceed free of charge with the transmission of the re-credit order relating to the cost of the goods shipped, including shipping costs, within 30 (thirty) days from the date on which it became aware of the exercise of the right of withdrawal by the customer. This operation will be carried out by PayPal refund where possible or by crediting the amount to the bank account indicated by the customer. The Company has the right to reject any product returned in ways other than those specified above, as well as products for which the customer has not paid the full cost of return, or has not complied with the procedures and times indicated for communicating the exercise of the right of withdrawal.
EXPRESS TERMINATION CLAUSE
In case of total or partial non-payment of the purchase price of the goods The Company reserves the right to declare in accordance with and for the purposes of the art. 1456 of the Italian Civil Code, this contract is terminated by sending a written notice to the customer’s e-mail address.
In the event that the contract cannot be executed, not even partially, due to unavailability of the goods or for other reasons of force major, the Company shall neither inform the Customer by e-mail within thirty days from the day the order is sent and shall be released from all its obligations, except for the reimbursement of any sums already paid by the Customer.
For any possible complaint or clarification, the customer must write to the e-mail address firstname.lastname@example.org
The customer will be contacted for clarification within 3 (three) working days of the request.
APPLICABLE LAW AND PLACE OF JURISDICTION
All disputes arising from this contract shall be devolved to an attempt at conciliation with the Mediation Body of the Chamber of Commerce of Rome and settled in accordance with the Conciliation Rules adopted by the same.
If the Parties intend to refer the matter to the ordinary Judicial Authority, the competent Court shall be that of the place of residence or elective domicile of the consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of the Consolidated Law on Finance
For any other case the Court of Rome has exclusive jurisdiction.
This contract is governed by Italian law. Insofar as not expressly provided for herein, the provisions of the law applicable to the relationships and cases provided for in this contract shall apply, and in particular art. 5 of the 1980 Rome Convention.
In accordance with Article 60 of the Consolidated Law, the rules contained in Part III, Title III, Chapter I of the Consolidated Law are hereby expressly referred to.