General Terms and Conditions of Sale on the Website markupzero.com
?? “Contract”: the purchase and sale contract relating to one or more Products offered for remote sale by the Seller selling by means of telematic means and, in particular, the website markupzero.com;
? “Buyer and/or Customer”: the consumer subject (a natural person who makes the purchase of one or more Products for purposes not related to his commercial or professional activity) or the professional (VAT holder, or legal person, who makes the purchase for commercial purposes and/or,?in any case, related to his professional and/or business activity);
? “Seller”: the company “Mark Up Zero S.r.l.”, with registered office in Fiesso d’Artico (VE), Via?Prima Strada n. 5, share capital ? 10,000.00, Tax and VAT number: 04610290274;
? “Site”: the site markupzero.com;
? “General Terms and Conditions of Sale”: the rules contained in this section that regulate and govern?all sales of Mark Up Zero S.r.l. products, concluded remotely through the Website?markupzero.com;
? “Product” or “Products”: the goods described in the individual presentation forms on the Website?and sold remotely to Customers through the Website markupzero.com;
? “Order Proposal”: the purchase request sent by the Buyer with reference to one or more goods?and/or products contained in the Site;
? “Order Confirmation”: the confirmation by Mark Up Zero S.r.l. that it has received the Order?Proposal and that it can be processed according to the availability or not of the goods and/or?products;
? “Courier”: subject, natural and/or legal person, other than Mark Up Zero S.r.l. who will take care of the delivery of the purchased Product;
? “Warranty Seal”: an element of security and guarantee, applied to each Product, which proves that the product is brand new and which allows the use of the Product only after its removal.
2. Field of Application and Object of the Contract of Sale
2.1. These General Conditions apply to sales made through the Website?markupzero.com., and regulate each purchase contract stipulated between the Purchaser?and the Seller according to the procedures set forth in art. 4.
2.2. Upon conclusion of each Contract referred to in Article 4, these General Conditions?shall be submitted to the Purchaser and specifically approved by him/her by means of a specific box on the Website.
2.3. The Products marketed (sold) by Mark Up Zero S.r.l. through the Site concern leather goods, accessories, bags, belts, shoes, leather clothing and costume jewellery of new “Brands” of the Made in Italy market that Mark Up Zero S.r.l. has produced by the manufacturer and, subsequently, proposes and resells through the Site.
These are products of excellence made in Veneto Region, Riviera Del Brenta.
3. Information about products and their availability
3.1. Once the Purchaser has accessed the Site, he may select each single category of Products marketed (e.g. bags, shoes, belts, etc.), thus displaying each single Brand that Mark Up Zero S.r.l. markets on the Site in relation to the selected product category.
3.2. Information regarding the Products, their characteristics, composition, structure, materials, colours, etc., together with the product codes and their price, are available on the Website in the appropriate sections containing the Product Data Sheets. However, the graphic representation of the Products (through images and/or videos) may be different from reality,
therefore the Purchaser shall rely exclusively on the description of the Product and the characteristics of the same reported on the Site. The style, models and colours of the Products described on the Site may be modified without notice.
3.3. Mark Up Zero S.r.l. reserves the right to limit, at any time, the quantity and/or type of Products that may be purchased on the Site. If during the purchase procedure it will not be possible to process, even partially, the order due to the unavailability of the Ordered Product, the Buyer will be notified by an automatic message; in any case, Mark Up Zero S.r.l. will not be responsible for the unavailability of a Product before the conclusion of the Contract.
3.4. Mark Up Zero S.r.l. shall never be liable for any errors deriving from the failure of the Site and/or the Customer’s connection to the Site.
4. How to conclude the contract
4.1. The Contract shall be concluded exclusively through the Website, subject to access to the platform markupzero.com by the Buyer. The Purchaser, following the procedures indicated on the Website, will send the Seller an order for the purchase of one or more Products.
4.2. The order referred to in the previous point will be valid as a purchase proposal – related to the selected Products – binding for the Purchaser, without prejudice to the right of withdrawal. Before sending the order to the Seller, the Purchaser will display a printable “order summary” web page in which the details of the Purchaser, the subject of the order, the price of
the goods purchased, the payment terms and conditions, the right of withdrawal and its terms and conditions, as well as delivery terms and costs, will be analytically reported with a request for confirmation of the aforesaid data. The Buyer’s obligation to pay the price of the goods purchased and, therefore, the payment procedure will start with the chosen method.
4.3. After receiving the order from the Purchaser, the Seller, in case of acceptance of the same, will send an e-mail confirming and summarising the order, which can be printed. The Seller reserves the right to refuse and, in any case, not to accept the orders received at its unquestionable discretion and without any penalty, by way of example (but not limited to) in
the event of:
? unavailability of the products (without prejudice to the provisions of Article 7 for making the products available);
? reporting or suspicion of fraudulent or illegal activity;
? non-fulfilment, by the Purchaser, of its obligations arising from a previous Contract with Mark Up Zero S.r.l.
4.4. The languages used for the conclusion of the Contract of Sale through the Site are Italian and English.
4.6. The Contract between Mark Up Zero S.r.l. and the Purchaser is concluded when the latter receives confirmation from Mark Up Zero S.r.l. of acceptance of the order proposal. The acceptance or rejection by Mark Up Zero S.r.l. of the order proposal shall be transmitted to the Purchaser at the ordinary e-mail address indicated by the Customer in the order proposal.
4.7. In the event of unavailability of one or more Products ordered by the Purchaser, the Purchaser will be notified by ordinary e-mail to the address provided by the Customer with the Order Proposal. In this case, the Order Proposal will be cancelled or accepted limited to the Products available. In case of partial acceptance, the Purchaser shall only pay the price related
to the available Products.
4.8. After receipt of the Order Confirmation by the Purchaser, the order may not be cancelled or modified. The return of Products already shipped must be made only and exclusively in accordance with the procedure set forth in article 9 below (withdrawal).
4.9. The risk of loss or damage to the Products shall pass to the Purchaser when they are delivered to the carrier and/or shipper.
5. The Price
5.1. The price of the Products is indicated on the Site in the descriptive sheet of each individual product and is expressed in Euro, indicating all applicable taxes and/or duties. Any shipping and delivery costs must be added to the price and will be indicated separately on the order form, if applicable.
5.2. Mark Up Zero S.r.l. constantly checks the correctness of the prices indicated on the Site; however the Seller does not guarantee the absence of errors. Should the Seller find errors in the price of a Product contained in the Site, Mark Up Zero S.r.l. will reject the order or offer the Buyer the opportunity to purchase the product in any case but at the correct price. If the
price error is found only after acceptance of the order, Mark Up Zero S.r.l. will offer the Buyer the opportunity to cancel the Purchase Order.
6. Methods of payment
6.1. Payment by the Purchaser shall be made in a single payment, using one of the alternative methods indicated on the website. If the payment procedure is not successful, the Seller shall send the Purchaser an e-mail inviting the Purchaser to regularise the payment within the following 24 hours; failing this, the Contract shall be considered terminated by right,
and the Seller may legitimately refuse to deliver the Product.
6.2. Transactions relating to the payment of the price of the Products purchased by the Customer will be debited after that:
? the data of the chosen means of payment have been verified;
? the debit authorization has been received from the card issuer of credit and/or availability of funds in relation to other means of payment;
? the availability of the Products of the Purchase Order has been confirmed by Mark Up Zero S.r.l.
6.3. If payment is made by credit card or debit card, the Client will be charged at the moment of the Seller’s Order Confirmation.
6.4. If, for any reason, it will not be possible to charge the amounts due to the Purchaser’s credit card or debit card, the order will not be executed, which will be cancelled and the sales contract terminated by right due to breach of contract by the Purchaser.
6.5. For each order, Mark Up Zero S.r.l. will issue the relative invoice which will be inserted inside the package sent to the Purchaser and sent by ordinary e-mail.
6.6. The invoice shall be issued on the basis of the information provided by the Buyer at the time of the order.
7. Delivery times and methods
7.1. The delivery times of the Products will be indicated in the order confirmation e-mail referred to in point 4.3. They start from the successful payment of the Product by the Purchaser, i.e. from the actual crediting of the amount to the Seller’s account. In any case, the terms of delivery of the Product are intended as purely indicative, and failure to comply with them will not entitle the Purchaser to any compensation or indemnity.
In Italy the following days are holidays and the Courier does not make shipments:
? 01 and 06 January
? Easter and Easter Monday
? 25th April
? 01 May
? 02 June
? 15th August
? 01 November
? 08 – 25 and 26 December
7.2. The Products purchased will be delivered by Courier selected by Mark Up Zero S.r.l. to the Purchaser, to the address indicated in the Order Proposal, with the exclusion of deliveries to P.O. Boxes.
7.3. In the event that the Seller is not able to deliver within the above terms, the Buyer will be promptly notified by e-mail. In this case, and unless the delivery term is not respected due to force majeure events or unforeseeable circumstances, the Purchaser shall be entitled to terminate the Contract and Mark Up Zero S.r.l. shall reimburse the Purchaser the price paid for the goods referred to in the Purchase Order.
7.4. At the time of delivery, the Buyer, a representative of the Buyer or the person collecting the goods for the Buyer, shall be responsible to:
? check that the number of packages delivered corresponds to the number indicated on the delivery note and Order Confirmation;
? check that the packaging and its seals are intact, not damaged, wet or altered in any way;
? sign the delivery note;
? if requested by the Courier, show an identity document.
? immediately notify the Courier, in writing on the delivery note, of any damage to the packaging and/or the Products or the mismatch in the number of packages.
7.5. Once the document has been signed to the Courier without any exception and/or objection, the Purchaser may not raise any objection regarding the characteristics and external conditions of the package, as well as the conditions of its contents, without prejudice to the objections referred to in article 11 below where such objections relate to the Product.
7.6. Mark Up Zero S.r.l. shall send the Purchaser an ordinary e-mail message (at the address indicated by the Purchaser in the Order Proposal) confirming the shipment, after the shipment, and a second ordinary e-mail message confirming the delivery of the same.
8. Seller's responsibility
8.1. The Seller does not assume any responsibility for damages, losses and costs suffered by the Buyer, in the event it is not able to execute the order in the time foreseen by the contract, nor for defects or malfunctions connected to the use of the Internet network. The Seller shall not be held liable for any fraudulent or illegal use by third parties of credit cards or other means of payment for the Products purchased.
8.2. The Purchaser acknowledges that the Products are brand new. Each of them is? specifically depicted on the website, where at least 4 photographs of each Product are published, and materials, measurements, model are briefly described.
8.3. The Seller shall be liable towards the Purchaser consumer only in the event of evident lack of conformity with what has been declared and depicted in the description, limited to defects not arising from normal use of the item.
8.4. All Products are provided with a “Warranty Seal” as proof that the product is brand new and has passed the strict quality controls. The Warranty Seal must be removed in order to use the Product. Once the Warranty Seal has been removed the Product cannot be returned and the Seller is exempt from replacement.
9. Right of withdrawal
9.1. Withdrawal may only be exercised by a customer who is a natural person and final consumer, excluding the case in which the purchase is made in the exercise of commercial activities or in any case for the purpose of reselling the goods to third parties.
9.2. The Consumer Buyer may withdraw from the Contract, without any penalty and without any obligation to state reasons, in accordance with the Consumer Code, within 14 (fourteen) working days from receipt of the Product and on the essential condition that the Product is free of stains and/or damage and is provided with the appropriate Warranty Seal provided for in Article 8, the dustproof case, the Product identification tag, and its original packaging, Mark Up Zero and Brand. In the event that the Product is without a Warranty Seal, the Seller may refuse to replace the Product. In case of separate delivery of more than one Product, ordered with a single order, the term starts from the delivery of the last Product.
9.3. If the Buyer decides to avail himself of the right of withdrawal, he must give notice to the Seller of the right of withdrawal by ordinary e-mail (email@example.com) or by PEC (firstname.lastname@example.org) by filling in the attached form, within the deadline provided for in art.
9.2., identifying the intention to withdraw pursuant to art. 52 of the Consumer Code.
Any notice of withdrawal sent by ordinary electronic mail or by PEC shall in any case contain:
? the indication of the Product(s) for which the Buyer want to exercise the right of
? the number and date of the order.
? Date of receipt of the Product(s).
? name, surname and e-mail of the Buyer.
? date and signature.
9.4. The Product may be returned directly to Fiesso d’Artico (Ve), Via Prima Strada n. 5 by post or courier, to the aforesaid address, in the latter case the date of delivery to the post office or courier will be deemed to be the date of delivery. In the case of return by Post or Courier, the Purchaser shall in any case choose the shipping method most appropriate to the value of the Products in question. The exercise of the withdrawal is in any case subject to the presentation
of a copy of the documents proving the purchase, while for the return of the sums paid by the Purchaser the provisions of art. 9.8 and 9.9 shall apply.
9.5. The return of the Product by the Purchaser-consumer must take place within 14 (fourteen) days from the communication of withdrawal (transmitted in accordance with art.?9.3). The Product must be returned intact, also with reference to the Warranty Seal (which must not be removed), in its original packaging, specifically: Mark Up Zero packaging and Brand packaging, the Product must be provided with the appropriate dustproof case, the Product identification tag and, in any case, in excellent condition, otherwise the right to reimbursement of the price will be lost.
9.6. The Buyer-consumer shall bear the direct cost of returning the Product. The Seller is not obliged to reimburse the additional costs, if the Buyer expressly chosen a type of delivery different from the less expensive type offered by the Seller.
9.7. The Buyer-consumer is responsible for handling the Product after delivery and the consequent decrease in value.
9.8. The Seller, having verified the integrity of the Product and the Warranty Seal, as well as the absence of stains or anything else that diminishes the value of the Product, shall refund all payments received by the Consumer Buyer, within fourteen days from the day on which he received the goods back and was able to physically verify their integrity as per art. 9.2 and 9.10.
9.9. The refund shall be made using the same payment methods used by the Purchaser for the initial transaction, i.e. with the different methods expressly agreed between the parties.
9.10. As indicated in art. 8.3, only those Products from which the Warranty Seal has not been removed may be returned. Otherwise (i.e. if the Warranty Seal has been removed), the possibility of returning the Product(s) will be lost and the right of withdrawal cannot be exercised, since the removal of the Warranty Seal implies the acceptance of the Product and the use of the same by the Purchaser, since in this case Mark Up Zero S.r.l. cannot guarantee the
use of the Product(s) by others.
10. Customized products
The right of withdrawal does not apply to orders relating to customized Products such as, by way of? ?example (but not limited to), goods on which the Purchaser’s initials are engraved and/or imprinted and/or Products that are made on the basis of specific indications provided by the Purchaser on the
11. Conformity defects
11.1. If the Product sold by Mark Up Zero S.r.l. should present defects and/or manufacturing defects and in any case any lack of conformity, the Purchaser shall be required to notify and contact the assistance service by means of written communication to be sent by ordinary e-mail (to the e-mail address email@example.com) enclosing photos and adequate, detailed description of the defect (defects related to or due to inexperience or abnormal use of
the Product are not considered defects of conformity).
11.2. Only in the event that the Purchaser is a consumer (i.e. not a professional, even commercial, and, in any case, does not purchase the Products in the exercise of his Professional, commercial and/or entrepreneurial activity), the sale of the Products from the Site is subject to the legal guarantees provided by articles 129, 130 and 132 of the Consumer Code. Pursuant to and for the effects of these provisions, the Purchaser has the right to obtain full restoration of the conformity of the goods by means of, at his choice, repair or replacement, and no expenses to be borne by him. In the event that one of these remedies is objectively impossible or excessively expensive compared to the other, pursuant to art. 130, paragraph VII, of the Consumer Code, the Buyer may obtain an appropriate reduction in the price of the Product or, alternatively, termination of the contract.
11.3. The Purchaser shall forfeit these rights in the event of failure to report to Mark Up Zero S.r.l. (in the manner set forth in art. 11.1) of the alleged lack of conformity within two months from the date on which he discovered the defect. In any case, the action aimed at asserting the alleged defect and/or conformity defect of the Product is prescribed within twenty-six months from the date on which the Product was Delivered to the Buyer.
11.4. In the event the consumer Buyer requests the repair or replacement of the Product due to an alleged lack of conformity, the delivery costs for the return to Mark Up Zero S.r.l. of the Product to be repaired or replaced, as well as the cost of returning the repaired or replaced Product to the Buyer, shall be borne by the Buyer.
11.5. In the event that the Purchaser is not a consumer, the common rules on the warranty for the sale of movable property shall apply, according to Italian law in force at the time of conclusion of the contract.
12. Protection of confidentiality and treatment of the Buyer's data
12.1. The Seller undertakes to protect the privacy of its customers, and guarantees that the processing of data complies with the provisions of current legislation.
12.2. The personal data acquired directly and/or through third parties by the Seller, the data controller, are collected and processed in paper, computer and/or telematic form, for the purpose of registering the order and executing the Contract.
12.3. The Seller undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to third parties or use them for purposes other than those for which they were collected. Such data may be shown only at the request of the Judicial Authorities or of other subjects authorized according to the regulations in force. The personal data will be communicated, subject to a commitment of confidentiality, only to the subjects
delegated to carry out the activities in question for the execution of the Contract and for this purpose only.
12.4. The owner of the collection and processing of personal data is the Seller.
13. Communications and complaints
Written communications addressed to the Seller, and any complaints, shall be sent to following address firstname.lastname@example.org . Written communications from the Seller to the Buyer will be sent by ordinary e-mail specified by the Buyer in the order.
14. Dispute settlement, applicable law and exclusive jurisdiction.
14.1. This contract is governed by Italian law. As far as not expressly provided for herein, the applicable laws apply, in particular Article 5 of the Rome Convention of 1980, and the regulations contained in Legislative Decree 70/2003 and in Part III, Title III, Chapter I of Legislative Decree 206/2005.
14.2. All disputes arising from this contract, its application, interpretation and/or execution shall be referred to the ordinary Judicial Authority. In case of sale to a consumer Buyer, the place of residence or elective domicile of the consumer shall be the place of jurisdiction, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005; in case of sale to a non-consumer, the Court of Venice.
14.3. The “flag” affixed by the Purchaser on the specific box at the bottom of the Site constitutes acceptance of the General Conditions of Sale on the Site, as well as specific approval of the individual clauses pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code.?
Buyer Acceptance ?
The following clauses are specifically approved pursuant to and for the purposes of Articles 1341,? 1342 of the Italian Civil Code: 3. Information on the products and their availability; 4. Delivery times and methods; 8. Seller’s responsibility; 9. Right of withdrawal; 10. Personalised products; 11. Defects of conformity; 12. Protection of confidentiality and processing of Buyer’s data; 13. Communications and complaints; 14. Dispute settlement, applicable law and exclusive jurisdiction.
Specific approval pursuant to Articles 1341 and 1342 of the Italian Civil Code
Up to date on 21/10/2020
Up to date on 21/10/2020