These conditions govern purchases made on the site 4glassmurano.com/online-store in accordance with the provisions of Part III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 regarding electronic commerce. The products purchased on 4glassmurano.com/online-store are sold by:
4 Glass Murano Sas,
VAT number and tax code: IT04706150275
REA: VE – 402392
with registered office in Italy, Calle Bressaggio 8/A 30141 Murano Venice, Italy
hereinafter referred to as “Seller”.
Any information regarding the sale of products on the site www.4glassmurano.com In any case, it may be requested by sending an email to:
shop@4glassmurano.com
or by calling the telephone number: +39 +39 353 42 400 49 (Italian time).
These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
1. TERMS AND CONDITIONS OF PURCHASE
1.1 These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for tangible movable goods indicated on 4glassmurano.com/online-store among users of 4glassmurano.com/online-store and the Seller.
1.2 The products referred to in the previous point are illustrated on the website's web pages: 4glassmurano.com/online-store.
1.3 The General Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller who are present on 4glassmurano.com/online-store via links, banners or other hyperlinks.
1.4 The Seller offers for sale, on 4glassmurano.com/online-store the products and carries out its e-commerce activity both towards consumers and other users. Consumer users (“Consumer/s”) are any natural person who acts on 4glassmurano.com/online-store for purposes not related to their commercial, entrepreneurial, or professional activity, possibly carried out in accordance with the provisions of Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code"). For the purposes of these General Conditions, anyone who, when purchasing a Product or Service, expressly indicates in the form reserved for entering personal data that they belong to the "Company" category, simultaneously entering their VAT number, Tax Code, and SDI Code for electronic invoicing, is not considered a Consumer. Where no express reference is made to the Consumer category, the provisions of the General Conditions and the Specific Conditions apply without distinction to all users who purchase Products and/or Services through the Site (the "Customers").
2. METHODS OF ENTERING INTO THE CONTRACT
2.1 The contract between the Seller and the user of 4glassmurano.com/online-store It concludes with the Buyer accessing the address 4glassmurano.com/online-store following the procedures indicated in the following points.
2.2 To conclude the purchase contract for one or more products on 4glassmurano.com/online-store You must be at least 18 years of age. The contract is concluded exclusively by correctly completing the electronic order form, which must be sent to the Seller electronically, following the instructions.
2.3 Before purchasing products by submitting an order, please carefully read these General Terms and Conditions of Sale and the Returns Policy, and print a copy or save a copy to a computer. You will also be provided with a summary of the commercial and contractual conditions offered for the purchase of products, which contains a link to the General Terms and Conditions of Sale and a summary of the essential information for each product ordered, including the price (including all applicable taxes or duties), the payment methods that may be used to purchase each product, delivery and complaint handling methods, shipping and delivery costs, any additional charges, as well as the Seller's contact information and the date by which the Seller undertakes to deliver the purchased products.
2.4 The order form, displayed immediately before the purchase contract is concluded, will provide summary information on: the essential characteristics of the product, the price including applicable taxes and duties, and shipping costs (NOT DUTIES). The contract is concluded when the Seller receives the order form electronically from the Buyer, after verifying the accuracy of the order data.
2.5 The order form will be filed in the database for the period necessary to process the orders and in any case in accordance with the law.
2.6 At the time of sending the order form, the Buyer will be warned that such forwarding implies the obligation to pay the indicated price. Before proceeding with the transmission of the order, the Purchaser will be required to identify or correct any data entry errors.
2.7 The languages available for concluding the contract with the Seller are Italian and English.
2.8 Once the contract is concluded, the order placed by the buyer will be taken over.
2.9 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, the buyer will be informed that the contract is not concluded.
2.10 The delivery times indicated on the site 4glassmurano.com/online-store they must be considered purely indicative and a delay with respect to the same, or any delivery made with subsequent split shipments, does not entitle the Customer to refuse the delivery itself or to request compensation or indemnity.
If the products offered for sale are no longer available or on sale at the time of accessing the site 4glassmurano.com/online-store or at the time of placing the order, the seller will promptly inform the customer of the unavailability of the product, and in any case within thirty days. In the event of non-availability of the order and payment of the price, the seller will refund the customer's payment and the contract will be deemed terminated.
2.11 By placing an order, the Buyer unconditionally accepts and undertakes to observe these General Conditions of Sale. Furthermore, by placing an order, the Buyer confirms that he or she is aware of and accepts the General Conditions of Sale and the additional information contained therein. 4glassmurano.com/online-store including the Privacy Policy.
2.12 Once the contract has been concluded, the Seller will send a purchase order receipt by email.
2.13 The product purchased on 4glassmurano.com/online-store It is intended exclusively for the country in which the Buyer places the order; therefore, in the event that the Buyer imports the product into another country, the Buyer is responsible for the importation and is required to follow the applicable regulations and restrictions both for export from the country in which you purchased the product and for import into the country to which you intend to take the product.
3. PRICES AND GUARANTEES
3.1 The products offered for sale on the site 4glassmurano.com/online-store They are all products made of glass according to the technique acquired by the Venetian master glassmaker.
3.2 The essential characteristics of the products are presented on 4glassmurano.com/online-store within each product sheet. The images and colors of the products offered for sale may not correspond to the actual ones due to the internet browser and monitor used.
3.3 All sales prices of the products displayed and indicated on the website 4glassmurano.com/online-store are expressed in Euros, for simple usability the buyer can use an automatic converter into other currencies for visual and approximate purposes only.
3.4 The prices indicated on the WEBSITE, as per the previous point, are inclusive of VAT for EU Buyers, while for non-EU Buyers VAT is not applied (exempt from tax pursuant to Article 8 of Presidential Decree no. 633/72). For products selected for purchase or placed in the "Shopping Cart", the unit price, total price, and overall amount including VAT are indicated, expressed in euros, or exempt from tax for destinations outside the EU.
3.5 All products for sale on 4glassmurano.com/online-store They are accompanied by a certificate attesting to the craftsmanship of the work in Murano glass and/or made in Italy.
3.6 For deliveries to countries outside the European Union, any import customs fees will be borne by the recipient. Customers are therefore advised to contact their country's customs authorities in advance to verify costs and any import restrictions.
3.7 Any breakages of parts during transport are covered by insurance, only if the Buyer demonstrates with photographic material of the accident, sent no later than 5 days from receipt of the package by the courier in charge, to our email address: shop@4glassmurano.com
4. METHOD OF PAYMENT
4.1 Payment must be made exclusively in Euros.
4.2 Each payment by the Buyer may only be made using one of the following methods: Paypal – Credit Card – Bank Transfer – Scalapay. Under no circumstances will costs exceeding those actually incurred by the Seller be charged, in relation to the chosen method.
4.3 In case of payment by credit card, the financial information will be forwarded, via encrypted protocol, to the banks, which provide the related remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the related refunds in the event of any product returns, following the exercise of the right of withdrawal, or if it is necessary to prevent o Report the commission of fraud to the police.
5. DELIVERY
5.1 Delivery of goods purchased on 4glassmurano.com/online-store It is expected for the territories indicated in the shipping and packaging menu.
5.2. The Seller will deliver the selected and ordered products, using the methods chosen by the Buyer or indicated on the website.
5.3 The methods, times and costs of production are clearly indicated and well highlighted at the address 4glassmurano.com/online-store
5.4 The delivery service by express courier includes packaging, transport and insurance against any theft, damage or loss that may occur during the trip.
5.5 The Seller guarantees the integrity of the product until the Product(s) is received. If the Customer receives a damaged product, the Customer is required to take a photo of the Product and the packaging and report this to the carrier and the Seller. In this case, or if the product breaks during shipping, the Seller undertakes to replace the product with an identical or similar one as quickly as possible.
6. LIMITATION OF LIABILITY AND WARRANTIES
6.1 The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract.
6.2 The seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
6.3 Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any additional costs incurred.
6.4 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks, or other means of payment when paying for the products purchased, provided that it can demonstrate that it has adopted all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.
6.5 Under no circumstances can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller.
6.6 Conventionally, any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things deriving from the use or non-use of the products.
6.7 The visual representation of the Products on the Site generally corresponds to their photographic image. The entirely handcrafted manufacturing of the items should also be taken into account. The unique characteristics of the items for sale on the site 4glassmurano.com/online-store They derive from the manual processing and production of glass. It is therefore natural that it is not possible to add or replace items after the sale without noticeable differences in color, shape, size, weight, and decoration. Indeed, the slightest difference between the glass's melting temperature and that of the external environment during the processing phases can cause significant variations in the finished product. The company is committed to maintaining the highest possible quality standards for the products described in the catalog.
7. CUSTOMER SERVICE
7.1 Any information may be requested by contacting us by email at: shop@4glassmurano.com
8. RIGHT OF WITHDRAWAL
8.1 The Right of Withdrawal applies only to consumers, i.e. to natural persons acting for purposes not related to any professional, commercial and entrepreneurial activity carried out. Therefore, purchases made by retailers and companies are excluded from the right of withdrawal.
8.2 The consumer-buyer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on 4glassmurano.com/online-store in the ways indicated below.
8.3 To withdraw from the contract, the Buyer - consumer may use his own return request (compliant with the standard form pursuant to art. 49, paragraph 4 of the Consumer Code) or draft and send to the Seller another explicit declaration of the decision to withdraw from the contract, indicating the number and date of the order, to be completed and sent directly to the address: shop@4glassmurano.com or send a certified email: 4glass.murano.sas@legalmail.itIn both cases, the burden of proving the correct and timely exercise of the right of withdrawal will fall on the buyer.
8.4 Once the right of withdrawal from the contract has been exercised, the Buyer will return the products to the Seller at the address 4 Glass Murano Sas Calle Bressaggio 8/A, 30141 Murano – Venice – Italy, handing them over to the courier for shipment within fourteen (14) days starting from when the decision to withdraw from the contract was communicated to the Seller.
8.5 The only costs borne by the buyer are those for returning the purchased products, unless the Seller has expressly exempted them from such costs at the time of purchase. The buyer is responsible for the costs of importing goods from countries outside the European Community (EU).
8.6 The Right of Withdrawal – in addition to compliance with the terms and conditions described in the previous points 8.1, 8.2, 8.3 and 8.4 – is deemed to have been correctly exercised if the following conditions are also fully respected: a. the return request sent or other explicit declaration of the decision to withdraw from the contract must be correctly completed and sent to the Seller within fourteen (14) days of receiving the products; b. the products must not have been used, washed and must be intact; c. products must be returned in their original packaging; d. the returned products must be delivered to the carrier within fourteen (14) days from when the decision to withdraw from the contract was communicated to the Seller; e. the products must not be damaged.
8.7 The right of withdrawal cannot be exercised for products purchased for which the buyer requested personalized engraving or decoration during the ordering process. The right of withdrawal cannot be exercised for commissioned works.
8.8 If the Right of Withdrawal is exercised following the methods and terms indicated in this paragraph 8, the Seller will refund any sums already collected for the purchase of the products according to the methods and terms established.
8.9 The sums will be refunded as quickly as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, the refund procedures will be activated, once the correct execution of the terms and conditions indicated above has been verified.
8.10 If the terms and conditions for exercising the right of withdrawal indicated above, as per letters a), d), and e) of the previous paragraph 7, are not complied with, you will not be entitled to a refund of the amounts already paid to the Seller. Within 14 days of sending the email communicating the non-acceptance of the return, the buyer may choose to receive, at his or her own expense, the products in the condition in which they were returned to the Seller, notifying the Seller according to the methods that will be communicated. Otherwise, the Seller may retain the products, in addition to the amounts already paid for their purchase. If the conditions set out in letters b), c), and d) of the previous paragraph 7.7 are not complied with, you will not be entitled to a full refund of the amounts already paid to the Seller. The Buyer will, in fact, be responsible for any diminished value of the returned products resulting from use other than that authorized by the Seller for the purpose of allowing you to ascertain the nature, characteristics, and functioning of the products. In this case, a percentage between 10 and 90 percent of the amount paid to the Seller for the returned products will be deducted from the expected refund, as specifically communicated by the Seller via email. Within 14 days of sending the email notifying the amount deducted from the refund, the Buyer may choose to receive the products back, at their own expense, in the condition in which they were returned to the Seller, notifying the Seller according to the methods communicated. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.
8.11 The refund will deduct any Italian customs fees that the seller undertakes to pay to receive the returned product from non-EU countries.
9. REFUND TIMES AND METHODS
9.1 After the products have been returned, the Seller will carry out the necessary checks to ensure their conformity with the conditions and terms indicated in paragraph 8. If the checks are concluded positively, the Seller will send the Buyer, via email, confirmation of acceptance of the returned products. If the checks are not concluded positively, the Seller will communicate, via email, the existence of a decrease in value of the returned products, resulting from the Buyer's failure to comply with the conditions set out in letters b), c), and d) of the previous paragraph 8.3. At the same time, the Seller will also communicate the amount that will be deducted from the sums paid for the purchase of the returned products; alternatively, the possibility of recovering, at the Buyer's expense, the products in the condition in which they were returned to the Seller remains unchanged, as provided for in the previous paragraph 8.10.
9.2 Whatever the payment method used, the refund, in whole or in part, is activated by the Seller in the shortest possible time.
9.3 The Seller reimburses using the same means of payment used by the Buyer for the purchase of the returned products, unless the Buyer has expressly agreed with the Seller to use a different means of payment and on condition that the Buyer does not have to incur any additional costs as a result of the refund.
10. APPLICABLE LAW AND JURISDICTION
10.1 The General Conditions of Sale are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 on the Consumer Code, Chapter I, “Consumer Rights in Contracts,” with specific reference to the legislation on distance contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
10.2 All disputes arising from this contract will be referred to the Chamber of Commerce of Venice and Rovigo and resolved in accordance with the Conciliation Rules adopted by the same.
10.3 In the event that the parties intend to appeal to the ordinary judicial authority, in the event of a dispute with a subject not qualifying as a consumer, the Judicial Authority of Venice will be exclusively competent, in the case of a consumer the competent court will be that provided for by law.
11. ONLINE DISPUTE RESOLUTION FOR CONSUMERS, ODR (Online Dispute Resolution)
Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, European consumers can use this platform to resolve any dispute arising from the online contract concluded with 4 Glass Murano Sas. The platform is available at the following link (https://ec.europa.eu/consumers/odr/).
12. MODIFICATION AND UPDATING
12.1 The General Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on 4glassmurano.com/online-store.
13. HOW TO STORE THE CONTRACT
13.1 Pursuant to art. 12 of Legislative Decree 70/03, the Buyer informs the Purchaser that each order sent is stored in digital/paper form on the server at the Seller's headquarters according to confidentiality and security criteria.
14. PRIVACY
14.1 Information relating to the processing of personal data is available by accessing the dedicated web page on the site 4glassmurano.com/online-store.