B2C ONLINE GENERAL TERMS AND CONDITIONS OF SALE
1. SCOPE OF APPLICATION
1.1. These general terms and conditions of sale ("Conditions") apply to all contracts of sale of products marketed by Ditta Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP)- tel. +39 0923 833904 - cel +39 339 45 57 416 - e-mail: [email protected]) P.IVA 00087170817 ("CUSENZAMARMI"), and purchased by the final consumer ("Buyer") through the website www.cusenzamarmi.com ("Site"). The Buyer is required to review these Terms made available by CUSENZAMARMI in the specific "Terms and Conditions of Sale" section of the Site before making any purchase. These Conditions must be carefully reviewed by the Buyer before completing the procedure of purchasing products through the Site. These Terms may be printed and retained by any person who has visited the Site. The submission by Buyer of a purchase order ("Order") for a product offered for sale on the Site implies full and unconditional acceptance of these Terms as well as the Terms and Conditions of Use of the Site and the Privacy Policy.
For the purposes of these Terms, 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 moment of their publication in the "General Conditions of Sale" section of the Site. To this end, we encourage Buyers to regularly access the Site and check for the publication of the most up-to-date Conditions. It is understood that the applicable Conditions are those in effect on the date the Buyer sends the purchase order.
1.3. These Terms, as amended from time to time, shall apply for as long as the products are offered for sale on the Site and until the terms of the warranties set forth in Section 8 below expire.
2. REGISTRATION AND PERSONAL PAGE
2.1. In order to make purchases through the Site, you may choose to proceed without any registration on the Site. You may also register through the consumer section of the Site itself, creating an appropriate account and accepting the Conditions. Failure to accept the Terms will result in the inability to register on the Site. Registration on the Site is free of charge. By registering in the appropriate section of the Site, the Buyer declares that he/she is acting exclusively as a "consumer" within the meaning of Legislative Decree 206/2005 ("Consumer Code"). The term "consumer" shall mean any natural person who acts on the Site for purposes not related to his or her commercial, entrepreneurial or professional activity, if any.
2.2. The Buyer warrants that the registration credentials provided during the procedure of registration to the Site are complete, correct and true and agrees to hold CUSENZAMARMI harmless and indemnified from any damage, compensatory obligation and / or penalty 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 shall be solely responsible for access to the Site by means of the registration credentials and shall be directly liable for any damage or harm caused to CUSENZAMARMI or third parties by misuse, loss, misappropriation by others or failure to maintain adequate secrecy of its registration credentials. All transactions made through the registration credentials are considered to be made by the Buyer to whom the registration credentials relate.
2.4. The Buyer may at any time cancel his or her registration on the Site by communicating his or her intention to do so through an appropriate section in his or her personal account.
3. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
3.1. The Buyer may select the products to be purchased from the different categories available on the Site. Information on the products and their characteristics is published on the Site.
3.2. Pursuant to Legislative Decree No. 70 of April 9, 2003, the potential Buyer is informed that in order to make the purchase proposal he/she must follow the procedure indicated on the Site, which allows - prior to the actual transmission of the order form - to identify and correct any errors in data entry.
3.3 . Once the purchase proposal has been sent, CUSENZAMARMI will process the request, check the receipt of payment for the products subject to purchase and, in case of acceptance of the purchase proposal, will send by email to the Buyer the order confirmation containing: a summary of the 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 may view on the Site all the information referred to in Article 49 of Legislative Decree no. 206/2005 (Consumer Code) such as, but not limited to: the information relating to CUSENZAMARMI, the price, including taxes and shipping costs, the essential characteristics of the product(s) they wish to purchase and together with all other mandatory information required by Italian law.
3.5. The products comply with the applicable legislation in Italy in force at the time of the Order. CUSENZAMARMI cannot be held responsible for the non-compliance of the products with the legislation of the country to which the Buyer wishes delivery to be made. 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 products and services he intends to order.
3.6. CUSENZAMARMI cannot guarantee that the information on product packaging 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 issues regarding the products and their use, for any further questions or requests for advice, the Buyer may contact CUSENZAMARMI Customer Service at the following email address [email protected].
4. CONCLUSION OF THE CONTRACT
4.1. Once the Buyer has selected the products he/she intends to purchase, he/she shall confirm his/her 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 Buyer, makes an irrevocable proposal to purchase the products selected in the cart, obligating himself to the payment of the corresponding consideration, and with an express request for execution even without prior acceptance.
4.2. CUSENZAMARMI has the right to accept or not accept the proposal, or to accept it partially 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 during registration.
4.3. Once the Buyer confirms the Order by clicking on "Buy", the Buyer declares that he/she has knowingly 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 upon acceptance of the Order by CUSENZAMARMI, by sending an e-mail confirming receipt of the Order to the Buyer. A second e-mail will be sent to the Buyer when his Order is shipped. CUSENZAMARMI recommends that the Buyer retain e-mails received from CUSENZAMARMI in hard copy or electronically. The Buyer is informed that these e-mails will be sent to the e-mail address entered by the Buyer when registering on the Site and/or subsequently changing. CUSENZAMARMI shall not be liable in case of entry of invalid e-mail address and / or non-receipt of the order confirmation e-mail for reasons not directly attributable to CUSENZAMARMI. In this case, the sale will be considered as final. However, the Buyer may exercise the right of withdrawal under the conditions set out in Article 9 of these Conditions.
5. AVAILABILITY OF PRODUCTS
5.1. The products offered on the Site are unlimited in number.
5.2. However, the Parties acknowledge that the possibility may arise that a product indicated as available on the Site may not be. In this case, the Buyer will receive an e-mail from CUSENZAMARMI in which he will be informed of the unavailability of the product and the consequent non-conclusion, in whole or in part, of 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 [email protected] 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 [email protected].
* 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 [email protected].
– 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 in Euros and are the prices in effect at the time the Order is placed by the Buyer. Product prices include VAT applicable at the time the Order is placed. Product prices do not include any customs import taxes in the country of delivery of the products, which will therefore be borne by the Buyer.
7.2. Payment for the purchased products can be made exclusively by the following payment methods, which are better described on the Site:
- Credit cards of the circuits: Visa, Visa Electron, Visa V Pay Mastercard, Maestro;
- Paypal.
In case of payment by credit card, the financial information (for example, the number of the credit/debit card or the date of its expiration) will be forwarded to Stripe which, by means of SSL certified encrypted protocol, guarantees the security of online transactions. This information, moreover, will never be used by CUSENZAMARMI except to complete the procedures relating to the relevant purchase by the Buyer and to issue the relevant refunds in the event of any returns of products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.
7.3. When the order is transmitted, no charge will be made to the credit card used by the Buyer for payment. The charge will be made only after (i) the details of the credit card used for payment have been verified and (ii) the issuer of the credit card used by the Buyer has issued authorization for the charge.
7.4. In the event that the debit is not successful, CUSENZAMARMI shall have the right to suspend or cancel, at its 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 shall be entitled to default interest in an amount equal to the legal rate of interest from the tenth business day following the date of the Order or notification of rejection of the bank payment.
8. WARRANTY
8.1. In the event of a lack of conformity of a product under Article 129 of the Consumer Code, the legal warranty under Articles 130 and 132 of the Consumer Code will apply. The Buyer has the right to restore, without charge, the conformity of the goods by repair or replacement. In the event that these remedies fail, the Buyer shall be entitled to an appropriate price reduction or termination of the contract. The Buyer forfeits these rights if he does not report the lack of conformity to CUSENZAMARMI within two months from the date on which he discovered the defect. CUSENZAMARMI shall be liable when the lack of conformity becomes apparent within the period of two years after delivery of the product. The action to enforce the defects not maliciously concealed by CUSENZAMARMI is prescribed, in any case, within the term of twenty-six months after delivery of the product.
8.2 . It is excluded the operation of the Warranty in relation to defects and / or non-conformities that may occur due to improper use or storage not in accordance with the relevant 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 and / or defective and / or non-conforming products in order to verify the actual existence of the defects, flaws and / or non-conformities reported by the Buyer. Under no circumstances will unauthorized returns be accepted. All returns pertaining to all those products / orders delivered by traditional courier, must be agreed in advance with CUSENZAMARMI, via email at [email protected], which will arrange the collection of returns by the courier at the same place where the goods were delivered. CUSENZAMARMI will be responsible for the transportation costs of authorized returns for damages attributable to CUSENZAMARMI itself or resulting from manufacturing defects. In case of positive verification, CUSENZAMARMI will replace the defective, damaged or non-conforming product and ship it to the Buyer as soon as possible and in any case within 30 (thirty) working days of receipt of the products. The shipping costs will be borne entirely by CUSENZAMARMI. In the event that CUSENZAMARMI is unable to proceed with the replacement of the products within the aforementioned period, it will notify the Buyer at the email address provided at the time of registration on the Site and will reimburse the Buyer for the cost of such products and shipping costs where the Buyer provides proof of the cost incurred to return the products. The price refund will be made by CUSENZAMARMI in the manner chosen at its discretion as soon as possible, and in any event within 30 (thirty) business days from the date on which it receives the products. In the event that, after examination of the returned products, CUSENZAMARMI reasonably believes that the products cannot be considered defective, damaged or non-conforming, 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 Consumer Code, the Purchaser has the right to withdraw from the purchase contract without penalty and without any reason, within the term of 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 Buyer'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 hygienic reasons or reasons related to the protection of health and have been opened after delivery.
9.2. Methods of exercising the right of withdrawal . In order to exercise the right of withdrawal, the Buyer must inform CUSENZAMARMI (Firm Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP)- tel. +39 0923 833904 - cel +39 339 45 57 416 - e-mail: [email protected]) of the decision to withdraw from the contract by means of an explicit written statement by letter to be sent by mail, fax or e-mail. It is understood that the return of the aforementioned products/orders must be made no later than 14 days after delivery of the same. CUSENZAMARMI will notify in writing, prior to the collection of the amount, of any transportation costs related to the return to be borne by the customer. In the latter case, if the customer requests CUSENZAMARMI to arrange for the collection of the goods, he expressly authorizes CUSENZAMARMI or the person appointed by them to charge the relevant transportation 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 are properly packaged in the original packaging and in a manner at least equal to that in which it was delivered. CUSENZAMARMI assumes no responsibility for merchandise damaged during return shipping due to inadequate packaging. For all products, shipping charges 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 are altered from the original packaging. CUSENZAMARMI will also not accept the return of products that have been clearly customized for the Buyer.
10. PRIVACY AND CONFIDENTIALITY
10.1. By signing the Conditions, the Buyer declares that he/she accepts the processing of personal data as set forth in CUSENZAMARMI's privacy policy available at the following link: www.cusenzamarmi.com/area-legale/
11. CUSTOMER SERVICE
11.1. Buyer may request any information through CUSENZAMARMI's support services by contacting Customer Service at the following numbers: [email protected]
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 the services themselves. However, CUSENZAMARMI will not be liable for any cancellation of registrations on the Site that may result from the above technical interventions.
12.2. CUSENZAMARMI may, at any time, discontinue the provision of online sales service if there are justified security reasons or breaches of confidentiality, in which case it will notify the user.
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 September 6, 2005 (Consumer Code) with specific reference to the regulations on distance contracts and Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce.
13.2. The Purchaser has the right to promote the out-of-court settlement of disputes concerning the consumer relationship at the bodies established by the chambers of commerce, industry and agriculture pursuant to Law No. 580 of December 29, 1993 as well as to resort to the mediation procedures referred to in Legislative Decree 28/2010, as amended, under the conditions provided by the body chosen by the Purchaser who will administer such procedure. This is without prejudice to the possibility of using the voluntary and joint negotiation procedures provided for in Article 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided for in the service charters.
13.3 . Any dispute relating to the interpretation and validity of the Conditions and all sales of products concluded on the Site shall, in the absence of a settlement, be devolved 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 Any 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. When an invalid or ineffective clause of the Conditions would be valid or effective as a result of the deletion and/or modification of certain provisions, those provisions shall apply with the modification(s) necessary for the clause to be valid and effective.
14.2 . Any forbearance by CUSENZAMARMI with respect to defaults and/or breaches by Buyer shall not prevent CUSENZAMARMI from exercising its rights under the Conditions.
PRIVACY PROVISIONS
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: [email protected]) P.VAT 00087170817, respects personal privacy and is careful to maintain the confidentiality of its customers, employees, resellers, users, business partners and others.
CusenzaMarmi aims to collect, use and disclose personal information respecting 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, in defining the purposes and methods of processing personal data and the relevant means, including security issues;
- "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 authorized to perform processing activities by the Data Controller or the Data Processor;
- "Data Subject" means any natural person subject to personal data.
2.Data Controller and Data Processor
- The Data Controller is Gaspare Cusenza;
- The Data Processors are Gaspare Cusenza and Google;
- To request the full list of Data Processors, please send your request by e-mail to [email protected].
3. Purposes of Processing
Personal data will be processed for the following purposes:
a) to enable the desired use of the website;
b) to send e-mails in order to provide information about CusenzaMarmi's services and products;
4. Cookies
Cookies are short text files sent to the user who visits the Web site. Cookies are stored on the computer's hard drive to enable the Web site to recognize users and store certain information about them to enable or improve the service offered. A cookie may be essential to access specific technical functions of the Web site: if cookies are disabled, these functions may not be available.
Cookies are categorized as follows:
1) "session cookies" or "persistent cookies";
2) "third-party cookies" or "cookies from displayed Web sites";
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 its expiration date is reached (this may be minutes, days or several years).
Technical cookies are essential for the proper functioning of the Web site. We only employ technical cookies from the displayed Web site that are automatically deleted when the user closes the browser at the end of the session. Cookies do not allow access to other information about the user's device. Most Internet browsers allow the user to delete cookies or receive a warning before a cookie is stored on the device. If the user decides to disable cookies stored in their device, they may not be able to access specific features or services on the Web site.
5. Deleting and Disabling Cookies
Since cookies are normal text files, they can be accessed by a text processing program. You can set your browser to prevent the use of cookies.
The following is an example on how to disable and delete cookies from major Web browsers:
- Delete/deactivate cookies with Firefox:
http://support.mozilla.com/it/kb/Eliminare%20i%20cookie
- Delete/deactivate cookies with Explorer:
http://windows.microsoft.com/it-IT/windows-vista/Delete-your-Internet-cookies
- Delete/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 with regard to navigation data and technical cookies, the granting of consent to the processing of personal data required of Web site users is optional and completely voluntary. Relative to these purposes, if the user does not grant consent, this choice will not result in any detrimental consequences. It should be remembered, however, that the deactivation of certain cookies could affect optimal navigation.
In relation to the purposes specified in sub. b) paragraph 3), the granting of consent to the processing of any personal data, sent by the user by e-mail, is optional and does not imply prejudicial consequences. However, in the absence of such consent, it will not be possible to respond to the expressed requests.
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 or her personal data, regardless of whether or not they have already been stored, and to receive communication of such data in comprehensible language.
A Data Subject 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 the Data Processor;
- the parties to whom the personal data may be disclosed;
A Data Subject has the right to obtain:
- the updating, rectification or supplementation of data;
- the deletion, application of anonymity or blocking of illegally processed data, including data whose storage is not essential for the purposes for which the data were collected and subsequently processed;
- certification that the operations indicated in (a) and (b) above have been notified, as well as for 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 involves an effort clearly disproportionate to the right to be protected.
A subject of the Data may have the right to object, in part or in full:
- for legitimate reasons, to the processing of personal data concerning his or her person, even if it is deemed important for the purpose of collection;
- to the processing of personal data concerning his or her person, if it is carried out for the purpose of sending promotional messages or materials.
Requests under Article 7 of Legislative Decree No. 196/03, must be submitted by e-mail directly to the Data Controller at [email protected]. Alternatively, you can exercise your rights by sending a registered letter with return 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 users' personal data.
Personal data may be disclosed to member states or those outside the European Union. Such personal data will not be disclosed without the user's consent.
9. Contact
The information on this page may be subject to occasional change, and for this purpose users are encouraged to consult the page periodically.
For further information, please contact: [email protected].
TERMS AND CONDITIONS OF USE
By using the Site, the User accepts in full the Terms and Conditions of Use (hereinafter T&Cs): in case of non-acceptance, refrain from using the Site.
CusenzaMarmi reserves the right to:
- Modify the Site without prior notice
- Correct the T&Cs at any time
Accordingly, the full responsibility for careful reading and compliance with the corrected T&Cs rests with the User.
If you have any questions, please contact CusenzaMarmi at [email protected].
Definitions
- "User," "You," and "Your" refer to the person who accesses the Site by accepting its Terms and Conditions
- "CusenzaMarmi" means Ditta Cusenza Gaspare, Via Sicilia 137, 91019, Valderice (TP), Italy, VAT No. 00087170817
- "Site" refers to the Web site accessible at the following URL: www.CusenzaMarmi.com and its associated Web sites
Content
CusenzaMarmi has taken all possible measures to ensure the continued operation of the Site. However, CusenzaMarmi cannot guarantee that the Site or its content, services and functionality, are free from errors or the timely correction of any inaccuracies. Accordingly, CusenzaMarmi assumes no express or implied liability. You should personally verify the accuracy of the information contained on the Site and 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 enjoyment of the Site, and you must use such information only for your personal, non-commercial use, refraining from copying, modifying, processing, reproducing, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting or distributing such information for any purpose and in any manner on any other computer, server, Web site or other medium, including any other method of publication or distribution, without CusenzaMarmi's written consent. The site may present hypertext that redirects the user to third-party Web sites that may not be approved by CusenzaMarmi. Users who visit any Web site through a link on this Web site do so at their own risk.
CusenzaMarmi also expressly disclaims any liability for the acts or omissions of any third party in connection with or relating to your use of the Site and/or CusenzaMarmi's services.
Limitation of Liability
In accordance with each User's national regulations, 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 the User's national regulations, in no event shall 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 your use of the Site, including all disputes, shall be governed by the laws of Italy.
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
Shipping and Delivery Time
Almost all products in our Kitchen and Bath 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 each case you will find the estimated time needed under each product on the website.
For all products we follow the following delivery procedure:
- We will send you an order confirmation email and arrange shipping with one of our partners based on the product purchased.
- Once the order is ready to go, we will send you an email with the contact details of the logistics partner who will handle 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
Shipping and Delivery Times
Deliveries are made by the forwarding agent deemed most appropriate for type of goods and shipping area. Indicatively, shipping times range from 4 to 6 working days for Italy, 8 to 12 days for European countries, and 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 multiple goods that differ in size, type and production time may result in separate deliveries and different delivery times for the various items ordered. Customers are encouraged to always check the estimated 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) delivery attempt of the Products in case of domestic shipments and no. 2 (two) delivery attempts in case of international shipments to the address indicated by the Customer. In case of absence at the first Delivery, the Carrier will leave a passing notice at the recipient's address stating that one delivery (or two in the case of international shipments) was attempted.
Unless otherwise stated 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 a trusted 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.
Deliveries are made to the mailing address provided 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 the 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 make an immediate report in writing to the Carrier (collection with reserve) and to contact our customercare by email at [email protected]
For items that are not bulky and whose weight does not exceed 70 kg, prompt delivery, they will be shipped within 24-48 hours after the order is placed. Those made
CusenzaMarmi will send the customer an email confirmation of shipment. The email will include a link to monitor the progress of the shipment.
For bulky items (Fountains, Altars, Special Editions, Sinks, etc.) the delivery time varies 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 the order is ready to go, we will send you an email with the contact details of the logistics partner who will handle the shipment.
- The logistics partner will contact you to decide the most convenient day for delivery to the address specified in the order.
Business days are Monday through Friday, excluding Italian holidays*.
For more information about the actual availability of the product or to understand more precisely the estimated delivery time, please refer to our team: [email protected]
Installation
Installation is the responsibility of the customer, we can provide support and helpful suggestions via telephone.
Welcome to the Customer Support area of CusenzaMarmi.
You can contact us for assistance with your online order or product availability in the e-Shop, we will be happy to help you.
Call us at +39 339 45 57 416.
Our Customer Support is active Mon - Fri 8:30- 12:30/14:30-18:00 (GMT+1), except on recognized 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 us at [email protected] or call us at +39 339 45 57 416
