Legal Area

GENERAL CONDITIONS OF ONLINE SALE B2C

1. SCOPE OF APPLICATION
1.1.
These general conditions of sale ("Conditions") apply to all contracts for the sale of products marketed by the company Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP)- tel. +39 0923 833904 - cel +39 339 45 57 416 - e-mail: info@cusenzamarmi.com) VAT No 00087170817 ("CUSENZAMARMI"), and purchased by the final consumer ("Buyer") through the website www.cusenzamarmi.com ("Site"). The Buyer must read these Terms made available by CUSENZAMARMI in the specific section "General Conditions of Sale" of the Site before making any purchase. These Terms must be carefully reviewed by the Buyer before completing the procedure for the purchase of products through the Site. These Conditions can be printed and stored by any person who has visited the Site. The submission by the Purchaser of a purchase order ("Order") for a product offered for sale on the Site implies full and unconditional acceptance of these Conditions as well as the Terms and Conditions of Use of the Site and the Privacy Policy.
For the purposes of these Terms, the Buyer and CUSENZAMARMI are jointly referred to as the "Parties".
1.2. The Conditions may be modified at any time. Any changes and / or new general conditions will be in force from the time of their publication in the "General Conditions of Sale" section of the Site. To this end, we invite Purchasers to regularly access the Site and to check the publication of the most updated Conditions. It is understood that the applicable Conditions are those in force on the date the purchase order is sent by the Purchaser.
1.3. These Conditions, as amended from time to time, will apply for as long as the products are offered for sale on the Site and until the expiry of the terms of the warranties referred to in art. 8 below.


2. REGISTRATION AND PERSONAL PAGE
2.1.
In order to make purchases through the Site, the user may decide to proceed without registering on the Site. It is also possible to register through the special section of the Site dedicated to consumers, creating a special account and accepting the Conditions. Failure to accept the Conditions means that you cannot register on the Site. Registration to the Website is free of charge. By registering in the appropriate section of the Site, the Purchaser declares to act exclusively as a "consumer" within the meaning of Legislative Decree 206/2005 ("Consumer Code"). The term "consumer" is to be understood as any natural person who acts on the Site for purposes not related to his/her own commercial, entrepreneurial or professional activity, if any.
2.2. The Buyer warrants that the registration credentials provided during the registration process to the Site are complete, accurate and true and agrees to hold CUSENZAMARMI harmless and indemnified from any damage, liability and / or penalties arising from and / or in any way related to the violation by the Buyer of the rules on registration to the Site or the storage of registration credentials.
2.3. The Buyer is solely responsible for access to the Site by means of registration credentials and is directly responsible for any damage or injury caused to Cusenzamarmi or third parties by improper use, loss, misappropriation by others or failure to maintain adequate confidentiality of their registration credentials. All transactions carried out using registration credentials are deemed to have been carried out by the Buyer to whom the registration credentials relate.
2.4. The Purchaser may cancel his/her registration on the Site at any time by communicating his/her intention to do so through a special section in his/her personal account.


3. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
3.1.
The Purchaser can select the products to be purchased from the different categories available on the Site. Information on the products and their characteristics are published on the Site.
3.2. Pursuant to Legislative Decree no. 70 of 9 April 2003, the potential Purchaser is informed that in order to make the proposed purchase he/she must follow the procedure indicated on the Site, which allows - before the actual transmission of the order form - to identify and correct any errors in data entry.
3.3 . Once you have sent the proposed purchase, CUSENZAMARMI process the request, check the receipt of payment for the products purchased and, in case of acceptance of the proposed purchase, will send an email to the Buyer order confirmation containing: a summary of information relating to the characteristics of the product purchased, a detailed indication of the price, the means of payment used and shipping costs.
3.4. Before sending the Order the Buyer can view the Site all the information referred to in Article 49 of D. Decree No 206/2005 (Consumer Code) such as, but not limited to: information relating to CUSENZAMARMI, the price, including taxes and shipping costs, the essential characteristics of the product / s you wish to purchase and all other mandatory information required by Italian law.
3.5. The products comply with the legislation applicable in Italy in force at the time of the Order. CUSENZAMARMI can not be held responsible for the non-compliance of products to the legislation of the country where the Buyer wants delivery. The Buyer is obliged to check with the local authorities of the country of delivery of the products on how to import and / or use of products and services he intends to order.
3.6. CUSENZAMARMI can not guarantee that the information on the packaging of the products will be translated into all languages of the European Union. However, this information will be available at least in Italian and English.
3.7. For any question concerning the products and their use, for any further question or request for advice, the Buyer may contact CUSENZAMARMI's Customer Service at the following email address info@cusenzamarmi.com.


4. CONCLUSION OF THE CONTRACT
4.1.
Once the Purchaser has selected the products he intends to purchase, he must confirm his Order after viewing the Order summary screen containing the final prices of the products ordered, including any shipping costs. By confirming and sending the Order electronically, the Purchaser makes an irrevocable proposal to purchase the products selected in the shopping cart, undertaking to pay the relative amount, and with an express request for execution even without prior acceptance.
4.2. CUSENZAMARMI has the right to accept or reject the proposal, or accept it in part with respect to the quantity indicated, giving notice within 4 (four) working days from the date of sending the order, including by e-mail to be sent to the address that the Buyer has indicated at registration.
4.3. Once the Buyer confirms the Order by clicking on "Buy", the Buyer declares that he/she has consciously accepted the contents and conditions of the Order in question and, in particular, these Conditions, prices, characteristics, quantities and delivery times of the products ordered by the Buyer.
4.4 . The sale will be final only at the time of acceptance of the Order by CUSENZAMARMI, by sending an email confirming receipt of the Order to the Buyer. A second e-mail will be sent to the Buyer at the time of shipment of his Order. CUSENZAMARMI recommends the Buyer to keep the e-mails received by CUSENZAMARMI on paper or electronic media. The Buyer is informed that these emails will be sent to the email address entered by the Buyer at the time of registration on the Site and / or subsequent modification. CUSENZAMARMI not be liable in case of inclusion of invalid e-mail address and / or non-receipt of e-mail confirmation of the order for reasons not directly attributable to CUSENZAMARMI. In this case, the sale will be considered final. The Buyer may, however, exercise the right of withdrawal under the conditions set out in Article 9 of these Terms.


5. AVAILABILITY OF PRODUCTS
5.1.
The products offered on the Site are unlimited.
5.2. However, the Parties acknowledge that there may be the possibility that a product listed as available on the Site may not be. In this case, the Buyer will receive an e-mail from CUSENZAMARMI which will be informed of the unavailability of the product and the consequent non-conclusion, in whole or in part, the contract or an estimate of the time of availability and delivery.


6. TERMINI DI SPEDIZIONE, CONSEGNA E RESO DEI PRODOTTI
6.1.
I prodotti ordinati dall’Acquirente in base alle presenti Condizioni saranno consegnati all’indirizzo indicato dall’Acquirente come indirizzo di consegna sull’Ordine.
6.2. Il prodotto acquistato viene consegnato all’Acquirente esclusivamente nei seguenti territori: Unione Europea, Regno Unito, Svizzera, Norvegia e Turchia, solo dopo aver ricevuto conferma del buon esito del pagamento dell’importo totale dovuto.
6.3. CUSENZAMARMI impiega ogni ragionevole sforzo per effettuare la consegna dei prodotti nei termini indicati che, tuttavia, devono essere considerati meramente indicativi e non essenziali, restando pertanto inteso che CUSENZAMARMI non avrà responsabilità alcuna per il caso di ritardi per la consegna occorsa oltre il termine indicato.
6.4. Gli ordini saranno elaborati da CUSENZAMARMI esclusivamente nei giorni feriali dal lunedì al venerdì, con esclusione di qualsiasi giorno festivo e/o comunque di chiusura aziendale. In ogni caso, il termine massimo di evasione di ogni ordine accettato e/o confermato viene indicativamente determinato in 4 (quattro) giorni lavorativi decorrenti dal momento dell’invio della conferma d’ordine, esclusi i tempi di trasporto fino a destinazione. Salvo diversa indicazione, la consegna avverrà dal lunedì al venerdì durante il normale orario lavorativo (dalle 8 alle 18), esclusi i giorni festivi. La consegna della merce ed il relativo rischio sulla medesima passa al cliente al momento della consegna sulla strada dell’indirizzo di consegna indicato nel modulo d’ordine al momento della firma della bolla di consegna fornita dal corriere. Eventuali danni visibili ai prodotti e / o alla loro confezione devono essere comunicati al corriere al momento della consegna e confermati via e-mail a info@cusenzamarmi.com entro 24 ore dalla consegna con relative foto che evidenzino con precisione il danno.
6.5 Salvo quanto specificato di seguito, di regola, tutti gli ordini destinati alla consegna in Italia dovrebbero arrivare entro 4-6 giorni lavorativi; mentre per la Calabria e Sicilia il tempo di consegna stimato è di 2-3 giorni lavorativi ** una volta che l’ordine lascia la nostra sede in Sicilia.
Per articoli più voluminosi (tavoli, mobilio, edizioni speciali lavelli), i tempi di consegna possono variare in base alle dimensioni del prodotto e alla disponibilità nel magazzino. Se l’articolo è disponibile, CUSENZAMARMI si impegna a spedirlo entro 4 o 5 giorni lavorativi. Se si desidera verificare la disponibilità di un determinato prodotto o per informazioni più dettagliate sui tempi, si può contattare l’indirizzo info@cusenzamarmi.com.
* Le seguenti date in Italia sono considerate quali giorni festivi: 1° gennaio, 6 Gennaio, 25 Aprile, il lunedì successivo al giorno di Pasqua, 1° Maggio, 2 Giugno, 15 Agosto, 1° novembre, 8 Dicembre, 25 e 26 Dicembre.
**Con esclusione delle aree remote o di difficile accesso.
6.6. Termini di consegna specifici per i prodotti Cucina e Bagno
I prodotti delle collezioni Cucina e Bagno sono realizzati su ordinazione: oltre a significare che si tratta di merce altamente personalizzata, ciò richiede anche tempo aggiuntivo per la produzione, controllo di qualità, verifiche e imballaggio su misura. I tempi di consegna sono indicati sul sito di fianco al prodotto e devono essere considerati quale indicazione approssimativa minima-massima, in quanto tengono conto dei tempi di produzione e della destinazione. Se un singolo ordine è composto da un numero di prodotti che richiedono tempi di produzione diversi, CUSENZAMARMI potrà spedire gli articoli, sempre a spese del cliente, anche in momenti diversi, previa informazione scritta al cliente stesso. Le spese di trasporto saranno a carico del cliente.
Per tutti gli articoli ordinati dalle collezioni di Cucina e Bagno la procedura di consegna è la seguente:
– CUSENZAMARMI invierà un’email di conferma dell’ordine ed organizzerà la consegna con uno dei suoi corrieri a seconda della destinazione. I paesi esteri in cui forniamo i prodotti delle collezioni Cucina e Bagno sono attualmente Unione Europea, Regno Unito, Svizzera, Norvegia e Turchia. I costi di trasporto saranno confermati al momento del check-out online dell’ordine e inclusi nella somma totale richiesta per il pagamento.
– Una volta che il corriere preleverà la merce relativa all’ordine dalla sede in Sicilia di CUSENZAMARMI, verrà inviata un’email di conferma con i dettagli di contatto del corriere.
– Il corriere incaricato contatterà il cliente per organizzare la consegna che verrà effettuata all’indirizzo specificato nell’ordine.
6.7 Termini di consegna specifici relativi a Prodotti Personalizzati
Una volta che la merce è stata spedita, CUSENZAMARMI invierà, solamente per i prodotti di peso inferiore ai 70 kg e quindi idonei alla spedizione a mezzo corriere espresso, un’email riportante il tracking link in modo che sia possibile monitorare la consegna.
Per gli articoli più voluminosi (top cucina, fontane, edizioni speciali, camini, etc.), i tempi di consegna possono variare in base alle dimensioni del prodotto ed alla disponibilità nel magazzino. Se l’articolo è disponibile, verrà consegnato entro 4 o 5 giorni lavorativi. Se si desidera verificare la disponibilità di un determinato prodotto o per informazioni più dettagliate sui tempi, si può contattare l’indirizzo info@cusenzamarmi.com.
– Gli articoli di peso inferiore a 250 kg verranno consegnati gratuitamente in Italia.
– Per singoli articoli o singoli ordini con un peso complessivo superiore a 250 kg, il trasporto è a carico del cliente.
Laddove il pagamento venga effettuato tramite carta di debito o di credito, gli articoli possono essere spediti un giorno dopo, in osservanza delle normali precauzioni di sicurezza (frode o uso improprio della carta, ad esempio) imposte dalle banche. Se un pagamento non viene confermato entro 7 giorni, l’ordine verrà automaticamente annullato.


7. PRICES AND PAYMENTS
7.1.
The prices published on the Site are expressed in Euros and are the prices in force at the time the Order is sent by the Purchaser. The prices of the products are inclusive of VAT applicable at the time the Order is sent. The prices of the products do not include any import taxes in the country where the products are delivered, which will therefore be borne by the Buyer.
7.2. The payment of the purchased products can be made exclusively through the following methods of payment, better described on the Site:
- Credit cards of the circuits: Visa, Visa Electron, Visa V Pay Mastercard, Maestro;
- Paypal.
In the event of payment by credit card, the financial information (for example, the number of the credit/debit card or the date of its expiry) will be forwarded to Stripe which, by means of an SSL-certified encrypted protocol, guarantees the security of online transactions. This information will also never be used by CUSENZAMARMI except to complete the procedures relating to the relevant purchase by the Buyer and to issue refunds in case of any product returns, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police commission of fraud on the Site.
7.3. At the time the order is transmitted, the credit card used by the Purchaser for payment will not be charged. The charge will be made only after (i) the data of the credit card used for payment have been verified and (ii ) the issuer of the credit card used by the Purchaser has authorized the charge.
7.4. In the event that the charge is not successful, CUSENZAMARMI shall be entitled to suspend or cancel, at its sole discretion and at any time, the execution of an Order and / or the shipment of products ordered.
7.5. In any case of late payment, CUSENZAMARMI will be entitled to default interest at the legal rate of interest from the tenth working day after the date of the Order or notification of rejection of the bank payment.


8. WARRANTY
8.1.
In case of lack of conformity of a product pursuant to Article 129 of the Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the Consumer Code shall apply. The Purchaser has the right to restore, without charge, the conformity of the goods by repair or replacement. If these remedies fail, the Purchaser is entitled to an appropriate reduction in price or termination of the contract. The Buyer forfeits these rights if you do not report to CUSENZAMARMI the lack of conformity within two months from the date on which he discovered the defect. CUSENZAMARMI is responsible when the lack of conformity is manifested within the period of two years from delivery of the product. The action to enforce the defects not maliciously concealed by CUSENZAMARMI is prescribed, in any event, within twenty-six months after delivery of the product.
8.2 . It is excluded the operation of the Guarantee in relation to defects and / or non-conformities that may occur due to improper use or storage not in accordance with the instructions provided by CUSENZAMARMI or otherwise inappropriate or negligent, careless and impervious, in relation to the nature and characteristics of the products.
8.3 . CUSENZAMARMI reserves the right to examine the allegedly flawed products and / or defective and / or non-conforming, in order to verify the actual existence of flaws, defects and / or non-conformity reported by the Buyer. In no case will unauthorized returns be accepted. All returns relating to all those products / orders delivered by traditional courier, must be agreed in advance with CUSENZAMARMI, via email at info@cusenzamarmi.com, which will arrange the withdrawal of the returns by courier in the same place where the goods were delivered. CUSENZAMARMI will be responsible for the cost of transport of authorized returns for damages attributable to the same CUSENZAMARMI or arising from manufacturing defects. In case of positive verification, CUSENZAMARMI will replace the defective, damaged or non-conforming product and send it to the Buyer as soon as possible and in any event within 30 (thirty) working days of receipt of products. Shipping costs will be borne entirely by CUSENZAMARMI. In the event that CUSENZAMARMI is unable to proceed with the replacement of products within that period, it will notify the Buyer at the email address indicated at the time of registration on the Site and will reimburse the Buyer the cost of such products and shipping costs if the Buyer provides evidence of the cost incurred to return the products. The refund of the price will be made by CUSENZAMARMI in the manner chosen at its discretion as soon as possible, and in any event within 30 (thirty) working days from the date on which it receives the products. In the event that, after examining the returned products, CUSENZAMARMI reasonably believes that the products can not be considered defective, damaged or non-compliant, the Buyer will not be entitled to a refund and the products will be returned to him.

9. WITHDRAWAL
9.1.
Pursuant to article 52 of the Consumers' Code, the Purchaser has the right to withdraw from the purchase contract without penalty and without any reason, within 14 (fourteen) days from the acquisition of physical possession of the product ordered or, in the case of the purchase of multiple products ordered by the Purchaser in a single order and delivered separately, from the acquisition of physical possession of the last product purchased. The Purchaser's right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and, in particular, in the case of the purchase of clearly personalized goods or the supply of sealed goods that are not suitable to be returned for reasons of hygiene or health protection and have been opened after delivery.
9.2. How to exercise the right of withdrawal. To exercise the right of withdrawal, the Purchaser must inform CUSENZAMARMI (Company Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP)- tel. +39 0923 833904 - cel +39 339 45 57 416 - e-mail: info@cusenzamarmi.com) of the decision to withdraw from the contract by express written statement by letter to be sent by mail, fax or e-mail. It is understood that the return of these products / orders must be made no later than 14 days after delivery of the same. CUSENZAMARMI will notify in writing, prior to collection of the amount, any transport costs related to the return charged to the customer. In the latter case, if the customer requests CUSENZAMARMI to provide for the withdrawal of the goods, expressly authorizes CUSENZAMARMI or the person appointed by them to charge the relevant transport costs for the return by the same method of payment used to make the purchase. The customer must ensure that the goods to be returned is properly packaged in its original packaging and in a manner at least equal to that in which it was delivered. CUSENZAMARMI assumes no responsibility for goods damaged in transit due to inadequate packaging. For all products the shipping costs will be the same amount as those incurred for delivery. CUSENZAMARMI expressly reserves the right not to accept the return of products that have been opened and / or which are altered from the original packaging. CUSENZAMARMI also will not accept the return of products that have been clearly customized for the Buyer.


10. PRIVACY AND CONFIDENTIALITY
10.1.
By signing the Terms, the Buyer agrees to accept the processing of personal data as provided in the information CUSENZAMARMI available at the following link: www.cusenzamarmi.com/area-legale/


11. CUSTOMER SERVICE
11.1.
The Buyer may request any information through the support services of CUSENZAMARMI, by contacting Customer Service at the following addresses: info@cusenzamarmi.com


12. SUSPENSION OF SERVICE
12.1.
CUSENZAMARMI reserves the right to temporarily suspend, without prior notice, the provision of sales services on the Site for the time strictly necessary for technical interventions necessary and / or appropriate to improve the quality of services. CUSENZAMARMI will not be liable for any cancellation of registrations on the Site that may result from these technical interventions.
12.2. CUSENZAMARMI may, at any time, discontinue the provision of online sales service if there are security reasons or breaches of confidentiality, in which case you will be notified.


13. APPLICABLE LAW: OUT-OF-COURT SETTLEMENT OF DISPUTES AND COMPETENT COURT
13.1.
The Conditions are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 (Consumer Code) with specific reference to the legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce.
13.2. The Purchaser has the right to promote the out-of-court settlement of disputes concerning the consumer relationship with the bodies set up by the Chambers of Commerce, Industry and Agriculture in accordance with Law no. 580 of 29 December 1993, as well as to use the mediation procedures referred to in Legislative Decree 28/2010 and subsequent amendments, under the conditions provided by the body chosen by the Purchaser who will administer this procedure. This is without prejudice to the possibility of using the voluntary and joint negotiation procedures provided for by Article 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided for by the service charters.
13.3. Any dispute relating to the interpretation and validity of the Conditions and to all sales of products concluded on the Site will be devolved, in the absence of a settlement, to the exclusive jurisdiction of the Italian courts having jurisdiction based on the place of residence or domicile of the purchaser, if located in Italian territory.


14. FINAL PROVISIONS
14.1
. The invalidity or ineffectiveness of one or more provisions of the Conditions shall not affect the validity or effectiveness of the other provisions within these Conditions. Where a clause of the Conditions that is invalid or ineffective would be valid or effective as a result of the deletion and/or modification of certain provisions, those provisions will apply with the necessary modification(s) for the clause to be valid and effective.
14.2 . Any tolerance of CUSENZAMARMI with respect to failures and / or violations by the Buyer, does not prevent CUSENZAMARMI from exercising its rights under the Conditions.

PRIVACY POLICY

The use of personal data about users collected through our website is regulated as follows.
Ditta Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP)- tel. +39 0923 833904 - cel +39 339 45 57 416 - e-mail: info@cusenzamarmi.com) P.IVA 00087170817, respects the personal privacy and is careful to maintain the confidentiality of its customers, employees, dealers, users, business partners and others.
CusenzaMarmi aims to collect, use and disclose personal information in accordance with the regulations of the countries in which it operates.

1. Definitions
- "Data controller" means any natural or legal person, public administration, body, association or other figure responsible, including jointly with another data controller, for defining the purposes and methods of processing personal data and the relevant means, including security matters;
- "Data Processor" means any natural or legal person, public administration, body, association or other agency that processes personal data on behalf of the Data Controller;
- "Persons in Charge of Processing" means the natural persons authorised to perform processing activities by the Data Controller or the Data Processor;
- "Data Subject" means any natural person who is the subject of personal data.

2.Data Controllerand Data Processor
- The Data Controller is Gaspare Cusenza;
- The Data Processors are Gaspare Cusenza and Google;
- To request a complete list of the Data Processors, send your request by e-mail to info@cusenzamarmi.com.

3. Purposes of the processing
Personal data will be processed for the following purposes:
a) to allow the desired use of the website;
b) to send e-mails in order to provide information about services and products of CusenzaMarmi;

4.
Cookies Cookies are short text files that are sent to you when you visit the website. Cookies are stored on your computer's hard drive to allow the website to recognize you and store certain information about you to enable or improve the service you provide. A cookie may be indispensable to access specific technical functions of the website: if cookies are disabled, these functions may not be available.
Cookies are classified as follows:
1) "session cookies" or "persistent cookies";
2) "third-party cookies" or "cookies of the websites displayed";
3) "technical cookies" or "non-technical cookies";
A "session cookie" is a cookie that is automatically deleted when the user closes the browser window; a "persistent cookie" remains stored on the user's computer until it reaches its expiry date (this may be minutes, days or several years).
Technical cookies are indispensable for the proper functioning of the website. We only use technical cookies on the displayed website which are automatically deleted when you close your browser at the end of your session. Cookies do not allow access to any other information about your device. Most Internet browsers allow you to delete cookies or receive a warning before a cookie is stored on your device. If you choose to disable cookies stored on your device, you may not be able to access specific features or services on the Website.

5. Deleting and deactivating cookies
Since cookies are normal text files, they can be accessed by a word processing program. You can set your browser to prevent the use of cookies.
The following is an example of how to disable and delete cookies from major web browsers:
- Remove/deactivate cookies with Firefox:
http://support.mozilla.com/it/kb/Eliminare%20i%20cookie
- Remove/deactivate cookies with Explorer:
http://windows.microsoft.com/it-IT/windows-vista/Delete-your-Internet-cookies
- Remove/deactivate cookies with Chrome:
http://support.google.com/chrome/bin/answer.py?hl=it&answer=95647

6. Compulsory or discretionary consent
With reference to the purposes specified in sub. a) paragraph 3), without prejudice to what has been specified in relation to navigation data and technical cookies, the granting of consent to the processing of personal data requested from users of the website is optional and completely voluntary. With regard to these purposes, if the user does not grant consent, this choice will not entail any prejudicial consequences. However, it should be remembered that deactivating certain cookies may affect optimal navigation.
With regard to the purposes specified in sub. b) paragraph 3), granting consent to the processing of any personal data sent by the user by e-mail is optional and does not entail any detrimental consequences. However, in the absence of such consent, it will not be possible to respond to the requests expressed.

7. Right of access to personal data and other rights
Pursuant to Article 7 of Legislative Decree no. 196/03, a Data Subject has the right to request confirmation of the existence or absence of his/her personal data, regardless of whether they have already been stored or not, and to receive communication of such data in an understandable language.
A subject of the Data has the right to be informed about:
- the source of the personal data;
- the purposes of the processing;
- the logic applied to the processing;
- the identification of the data pertaining to the Data Controller and Data Processor;
- the subjects to whom the personal data may be communicated;
A subject of the Data has the right to obtain
- the updating, rectification or integration of data;
- the cancellation, application of anonymity or blocking of unlawfully processed data, including data whose storage is not essential for the purposes for which the data were collected and subsequently processed;
- the certification that the operations indicated at letters a) and b) have been notified, as well as their contents, to the organizations/figures to which the data have been communicated or disclosed, unless it is impossible to comply with this request or it implies an effort clearly disproportionate to the right to be protected.
A Data Subject may have the right to object, in whole or in part:
- on legitimate grounds, to the processing of personal data relating to him or her, even if it is considered important for the purpose of collection;
- to the processing of personal data relating to him or her, if it is carried out for the purpose of sending promotional messages or materials.
Requests pursuant to Article 7 of Legislative Decree no. 196/03, must be made by e-mail directly to the Data Controller at info@cusenzamarmi.com. Alternatively, you can exercise your rights by sending a registered letter with acknowledgement of receipt to the following address: Via Sicilia 137, 91019, Valderice (TP) Italy.

8. Communication and disclosure
For the purposes described above, the owner of CusenzaMarmi, the entity responsible for processing, may learn about your personal data.
Personal data may be disclosed to member states or non-member states of the European Union. Such personal data will not be disclosed without the user's consent.

9. Contact
The information contained in this page may be subject to occasional changes and to this end users are invited to consult the page periodically.
For further information, please contact: info@cusenzamarmi.com.


TERMS AND CONDITIONS OF USE

By using the Site, the User accepts in full the Terms and Conditions of Use (hereinafter T&C): in case of non-acceptance, refrain from using the Site.
CusenzaMarmi reserves the right to:
- Modify the Site without notice
- Correct the T&C at any time
Consequently, the full responsibility for careful reading and compliance with the corrected T&C lies with the User.
If you have any questions, please contact CusenzaMarmi at info@cusenzamarmi.com.

Definitions
- "User", "You" and "Your" refers to the person who accesses the Site by accepting its Terms and Conditions
- "CusenzaMarmi" means Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP), Italy, VAT No. 00087170817
- "Site" refers to the website accessible at the following URL: www.CusenzaMarmi.com and associated websites

Contents
CusenzaMarmi has taken all possible measures to ensure the constant operation of the Site. However, CusenzaMarmi cannot guarantee that the Site or its content, services and features, are free from errors or the timely correction of any inaccuracies. Accordingly, CusenzaMarmi assumes no responsibility, express or implied. You should verify for yourself the accuracy of the information contained on the Site and you assume full responsibility for the use of such information and any content linked to it.

Intellectual Property Rights
CusenzaMarmi owns and controls all content on the Site, including trademarks, logos, sounds, music, graphics, text, and layout (collectively, the "Features"). You are only permitted to use the Features if such use is necessary for your intended use of the Site, and you must use such information only for your personal, non-commercial use, and you may not copy, modify, process, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute such information for any purpose and in any way to any other computer, server, website or other medium, including any other form of publication or distribution, without CusenzaMarmi's prior written permission. The Site may contain hypertext that redirects you to third party Web sites that may not be approved by CusenzaMarmi. If you visit any website through a link on this website you do so at your own risk.
CusenzaMarmi also expressly disclaims any liability for the acts or omissions of any third parties in connection with or related to your use of the Site and/or the services of CusenzaMarmi.

Limitation of liability
In accordance with the national laws of each User, CusenzaMarmi expressly disclaims any liability for the Features provided on the Site, as they are not guaranteed to be error-free or continuous and provided on an "as is" and "as available" basis. Except as prohibited by your national laws, in no event will CusenzaMarmi be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits in connection with the use of the Site. In cases where CusenzaMarmi believes that a User has violated the current T&Cs, it reserves the right to block future access to such User.

Applicable law
All matters relating to the use of the Site by the User, including all disputes, are governed by Italian law.

Jurisdiction
The User accepts as exclusive jurisdiction the Court of Trapani (Italy). The provision expressed above may not be valid in case of prevalence of a mandatory clause.

KITCHEN SINKS, BATHROOM SINKS, SHOWER TRAYS

Shippingand Delivery Times
Almost all the products of our kitchen and bathroom lines are made to order. This means a high level of care and customization but on the other hand the shipping time can be longer due to the time needed for production, quality control and proper packaging. In any case you will find the estimated time needed in correspondence of each product on the site.
For all products we follow the following delivery procedure:
- We will send you an order confirmation email and arrange shipment with one of our partners based on the product purchased.
- Once your order is ready to go, we will send you an email with the contact details of the logistics partner who will take care of the shipment.
- The logistics partner will contact you to decide on the most convenient day for delivery to the address specified in the order.

Installation
Installation is the responsibility of the customer, we can provide support and helpful suggestions via telephone.

CUSTOM ORDERS

Shippingand Delivery Times
Deliveries are made by the forwarding agent considered most suitable for the type of goods and shipping area. As an indication, delivery times vary from 4 to 6 working days for Italy, from 8 to 12 days for European countries and from 15 to 25 days for other destinations. If payment is not confirmed within 7 days, the order will be cancelled.
A purchase order that includes several goods that differ in size, type and production time may result in separate deliveries and different delivery times for the various items ordered. We invite Customers to always check the expected shipping and delivery times as indicated next to each Product.

Delivery will be made by courier between the hours of 08.00 and 18.00 from Monday to Friday. The Carrier will make no. 1 (one) attempt to deliver the Products in the case of domestic shipments and no. 2 (two) attempts to deliver in the case of international shipments to the address indicated by the Customer. In the event of absence at the first Delivery, the Carrier will leave a notice at the addressee's address reporting the fact that an attempt was made to make one delivery (or two in the case of international shipments).
Unless otherwise specified at the time of purchase, the products sold provide for standard delivery to the street level.
At the time of Delivery, the presence of the Customer or of a trusted person is required to check that the packaging is intact and clean and that the Products received correspond to what is indicated on the Order.

Deliveries are made to the postal address indicated by the Customer during the purchase process stored in the Purchase Order. The Customer is responsible for the address provided. Will not be attributable to CusenzaMarmi responsibility for errors in shipment or incorrect delivery of products due to inaccuracies or incompleteness in the compilation by the Customer of the purchase order.
In case of defects immediately detectable upon delivery, such as the number of packages not corresponding to the order or the non-integrity of the packaging, the Customer (or the person in charge of collecting the goods) is required to immediately report in writing to the Carrier (collection with reserve) and to contact our customercare by e-mail at info@cusenzamarmi.com.

For items not bulky and whose weight does not exceed 70 kg, ready for delivery, will be shipped within 24-48 hours after the order. Those made
CusenzaMarmi will send the customer an email confirming the shipment. In the email there will be a link to monitor the progress of the shipment.

For large items (Fountains, Altars, Special Editions, Sinks, etc.) delivery times vary depending on the size of the products purchased and subject to stock availability.
In the case of these items the delivery process is as follows:
- We will send you an order confirmation email and arrange shipment with one of our partners based on the product purchased.
- Once your order is ready to go, we will send you an email with the contact details of the logistics partner who will take care of the shipment.
- The logistics partner will contact you to decide on the most convenient day for delivery to the address specified in the order.
Working days are from Monday to Friday, excluding Italian public holidays*.
For more information on the real availability of the product or to understand more precisely the estimated delivery time, please refer to our team: info@cusenzamarmi.com

Installation
Installation is the responsibility of the customer, we can provide support and helpful suggestions via telephone.

Welcome to the Customer Care area of CusenzaMarmi.
You can contact us to receive assistance on your online order or on the availability of products in the e-Shop, we will be happy to help you.
Call us at +39 339 45 57 416.
Our Customer Service is available Mon - Fri 8:30- 12:30/14:30-18:00 (GMT+1), except on public holidays in Italy.
If you have any questions or concerns regarding your purchases or if you want to contact CusenzaMarmi for other information, you can write to info@cusenzamarmi.com or call us at +39 339 45 57 416.

PURCHASE OF PRODUCTS AND PAYMENTS

On our website you can buy all our products, from floor and wall tiles to bathroom furniture and home accessories. In most cases the products ordered/purchased are made after the order and are almost always customizable and adaptable to customer requirements. In any case, always remember that for further information or clarification you can always contact us with whatsapp or alternatively by sending an email to our customer care: rosario@cusenzamarmi.com and we will provide all the necessary support.

You have the possibility to buy directly on line all the products in our catalogue.
Starting from the Home Page, there are several possibilities:
- If you want to discover what CusenzaMarmi offers you, navigate inside the menu Ambienti selecting the item you are interested in.
- If you want to find a specific product, specify in the "Search" box one or more terms related to your search and a list of products related to the word you are looking for will appear.

First of all, click on the product you are interested in among those available for online sale. This will allow you to see the product sheet, containing detailed information about the item. Then, to place your order, click on 'Add to basket'.

Buying on CusenzaMarmi.com is fast and intuitive. Click on the product you like the most among those available, you will access to the related product sheet and you will see the details of all relevant information on the item itself. To add it to your cart click on the 'add to cart' button. The item will be automatically loaded into the shopping cart whose icon is at the top of the page. You will be automatically redirected to the first page of the cart. From the first page of the cart you will be able to decide whether to complete your purchase or continue shopping by looking for other items. If you decide to continue shopping, while browsing you will continue to see the image of the 'shopping cart' with its contents at the top right, together with the total value of your purchase. Once you have finished shopping, to proceed with the order, click on 'Check out'. Remember that in the first page of the cart you can also change the quantity of the items you want to buy or remove them. If you want to complete your purchase immediately, if you are a registered user log in or register on the site if you have not already done so, alternatively you can purchase as a guest. You will be asked to choose a shipping and billing address. Once you have completed entering the necessary data and pressed the "proceed to purchase" button, you can complete the payment by choosing your preferred method of payment: credit card, Stripe, Paypal or bank transfer. The payment will be completed according to the terms and conditions agreed with your bank under the terms and conditions agreed between you and the payment circuit chosen or PayPal. CusenzaMarmi uses the Stripe service for credit card payments. The data entered on Stripe will be processed directly by the same and will not be transmitted or shared with CusenzaMarmi. Similarly, the data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with CusenzaMarmi. Thanks to the service offered by Stripe and Paypal each payment is completely safe, as the credit card data are directly managed by the two service providers and not accessible to third parties. None of the CusenzaMarmi staff is authorized in any way to request your Stripe or Paypal account access data or your credit card information (card number, expiration date, etc).
Once your transaction has been verified, your order information will be sent to CusenzaMarmi.com and a thank you message will inform you that your purchase has been successfully completed.

Not at all. You can do all the tests you want and then decide not to complete your order even though you have placed products in the "cart". The Website is structured in such a way that before proceeding to the transmission of the order, the user can check the summary of the order itself and, if necessary, correct errors in data entry. In addition, you also have the possibility to add products to your wish list and complete the purchase at a later time.

After entering the necessary data for payment you will be directed to the purchase confirmation page, containing the number and date of the order. A thank you message in the middle of the page will inform you that the purchase process has been successfully completed. Finally, you will receive an e-mail containing the details of the order you have placed and confirming that it has been received correctly. If you have selected bank transfer as payment method, you will receive in the same e-mail the instructions, the iban and the holder so that you can complete the order.

Once you have made the payment you will receive a confirmation email with all the details of your purchase.

If you would like to cancel or change your order, please email us as soon as possible at rosario@cusenzamarmi.com . We will do our best to accommodate your request. However, once the order has been set up, we will no longer be able to guarantee cancellation or modification of the order.
If you have received your order and wish to return or exchange it please refer to the return instructions included in the delivery. Once we have received your return, we will process your refund or exchange request. Under no circumstances will it be possible to return custom-made products.

There is no limit to the quantity of products that can be purchased. However, CusenzaMarmi may reserve the right to limit the purchase of some particular products to limited series. In addition, we remind you that for large orders may increase, in proportion, the delivery time. It is always better, in this case, before proceeding with the order, to contact us and agree together times and methods.

You can pay easily and safely with Paypal or Credit Card (through Stripe circuit) or by bank transfer.

The instructions and payment information you enter when ordering (credit card number, security codes) are processed through connections using the SSL (Secure Sockets Layer) and are not stored in any way on our systems. Our entire website is equipped with the highest security standards, which can be verified in the most common browsers (chrome, firefox, edge, opera, etc.) by looking for the padlock symbol at the beginning of the address bar.

If you need an invoice, it is necessary to request it before concluding the order, providing the necessary data (Company name, VAT number, Tax code and unique code). We will not be able to issue an invoice after the purchase. To enter the data check the box during the purchase process.

All the prices of the Products published on the Site are expressed in Euro and are inclusive of VAT and shipping costs when specified. The Euro is the only currency accepted for payment of the Products. We are not currently able to offer a Tax Free service. Please contact us for an alternative solution.

Are you furnishing a large space and need to purchase large quantities of products? Are you an architect and are you looking for furniture for your project? Click on the "contact" button in the main menu or write an e-mail to info@cusenzamarmi.com indicating your data and the products you are interested in. Our team of consultants is at your disposal to help you find the solution that best suits your needs. The service is free of charge.

The products purchased by you are accompanied by the Legal Guarantee of Conformity provided for in Articles 128-132 of the Consumer Code.

SHIPPING AND TRACKING

Most of the products in our home line (sinks, washbasins, shower trays, etc.) are shipped free of charge. Otherwise, you will be asked for a contribution proportional to the value of the product you intend to purchase.

Depending on the type of product, the destination and the value of the goods, our logistics service will choose the most suitable shipping method:
Standard delivery by express courier. Indicatively, it is chosen for small packages weighing up to 70 kg. Available worldwide, with delivery at street level. Indicative delivery times: from 2 to 5 working days for Italy, from 7 to 10 days for European countries and from 10 to 15 days for other remote destinations. Delivery will be made from Monday to Friday, between 08.00 and 18.00. Tracking number always available.
Delivery by specialized carrier. It will be chosen for all upholstery and furniture and in general for complements of particular size and value. Indicative delivery times: from 2 to 4 weeks in Europe, also with delivery by appointment. At the time of shipment, you will receive an email notification with approximate delivery dates. You will not have a tracking number, but delivery will always be by appointment, which you can arrange with the carrier. All shipments are carried out with All Risk insurance coverage.

Most of the products on our site are made especially for you, from your order. This gives your purchase more value, but you will have to wait reasonable production, quality control and shipping times before you receive your product. Each product will be photographed before shipping and you will receive via email or whatsapp photos of your ordered product, ready. An estimated delivery date is indicated on each product sheet, which takes into account both product production time and shipping time, depending on the destination you set. If your shopping cart includes several items, it is possible that the delivery methods and times are different for each item. We invite you to always check the estimated shipping and delivery times for each item and to promptly notify us of any delivery requirements.

CusenzaMarmi will send you an e-mail while your order is being processed to keep you informed of the status of your purchase. Please note that for security reasons we do not provide a tracking number. In the shipping confirmation email we will provide a link to track the transfer. You will then receive a delivery confirmation, as soon as we are informed by the shipper that your order has been delivered.

Unless otherwise specified at the time of purchase, the products sold include standard delivery to the street level. At the moment, we do not provide a product assembly and installation service, but please contact our customer service for specific needs. We will do our best to find a solution.

Upon delivery of the goods to the selected carrier, you will receive an email with the details of the shipment. For deliveries by express courier, you will be provided with a tracking number with which you can trace the package. For deliveries by specialised carrier, it will not be possible for us to provide you with a tracking number, but you will be contacted directly by the chosen carrier to agree on the delivery date and time. For further details, please visit the dedicated section.

At the time of Delivery, the presence of the Customer or of a trustworthy person is required to check that the packaging is intact and clean and that the Products received correspond to what is stated on the Order.
The risk of loss or damage of the goods, for causes not attributable to CusenzaMarmi, is transferred to the Customer only when the latter, or a third party designated by him and different from the Carrier, materially comes into possession of the goods.

In case of delays or non-delivery of the purchased goods, the Customer can inform CusenzaMarmi by sending an e-mail to info@cusenzamarmi.com. CusenzaMarmi will contact the Customer as soon as possible to solve the problem. CusenzaMarmi cannot be held responsible for any delays in shipment or impossibility of delivery due to: national or local calendar holidays, strikes, riots, natural disasters, pandemics, carrier accidents, theft, robbery. If the cause of force majeure persists beyond a period of 6 (six) months, the order will be automatically cancelled.
Any delays in delivery of less than 40 (forty) days do not give the customer the right to refuse delivery of the products, nor to claim compensation or indemnity of any kind. In the event that it is not possible to communicate to the Customer a reliable delivery date, CusenzaMarmi will have the right to propose to the Customer the cancellation of the order, without any additional cost and with immediate refund through the means of payment chosen by the Customer at the time of the order.

In case of defects immediately detectable on delivery, such as the number of packages not corresponding to the order or the non-integrity of the packaging, the Customer (or the person in charge of collecting the goods) is required to make an immediate report in writing to the Carrier (collection with reserve) and to contact CusenzaMarmi by writing to the email info@cusenzamarmi.com within 3 (three) working days from the date of delivery.

To see all available destinations, view the destination country drop-down list in the shopping cart during checkout.

Depending on the destination country of the order, additional customs duties may be applied upon delivery of the goods. Customs policies vary considerably from country to country, to this end we invite the customer to contact the customs office of their country to check any additional taxes.

REPLACEMENTS AND RETURNS

The product, if not customized, can be returned by starting a return procedure and sending an email to info@cusenzamarmi.com. Once received you will be contacted to agree the return procedure.

After receiving your return, we will check the integrity of the items before accepting them. Each returned item must be intact, complete in all its parts, fully functional, with all accessories and instruction sheets, with labels, where present, still attached to the Product, as well as perfectly suitable for its intended use and free from signs of wear or dirt. This verification may take approximately 3 - 5 working days after delivery.
After the acceptance of the return, CusenzaMarmi will proceed to refund the amount paid by the user for the Product, no later than 14 calendar days from the day in which CusenzaMarmi came back into possession of the Product and was able to verify its integrity. The refund will be made using the same means of payment used by the user for the initial transaction.

There are no delivery and return costs when shipping is included in the price and the product has the right of withdrawal. For all products whose delivery is not free, the return costs are equal to the delivery costs and will be charged to the same payment method used for the purchase.