Terms and conditions
ORDERS, PAYMENTS AND SHIPPING:
Muraro Silvio does shipments only after payment. For payments with immediate receipt such as payments by credit card, pay-pal and payment on delivery (cash only), the order is usually fulfilled within few hours, and the goods are shipped the same day (if orders are received before h 15:00). For payments by bank transfer, Muraro Silvio will process the order only after receipt of money (you can not anticipate the processing of the order by sending payment confirmations / banking arrangements / CRO, etc.).
The courier does the delivery in 24/48 hrs (72 hrs for the islands). Muraro Silvio can not be held liable for any delays or loss of the goods. In case of loss of the goods by the courier, Muraro Silvio will rework the shipment as soon as possible at no cost to the customer. No preferences on the delivery days or on delivery times by the customer are foreseen. Any special instructions on timing or on delivery mode included in the field notes or received by mail will not be taken into account. The customer is required to provide a valid address opened in office hours.
Muraro Silvio covers all products with a 5-year warranty. The warranty on Muraro Silvio products only covers defects in materials or workmanship. The warranty does not cover failures due to improper use of the equipment. The customer must submit the invoice stating the date of buying and an accurate description of the damage found in the product which he requires the warranty on, and he must return the goods at his own expense and under its responsibility to: Muraro Silvio, Via dell’Artigianato 24-36023 Costozza of Longare – VI – Italy.
The warranty covers the replacement of the defective products or the repair of the damaged products at no extra charge (in case of a warranty coverage) or a coupon for the purchase of a product on the site Muraro Light Stand for partial coverage of the guarantee. Muraro Silvio reserves the right to provide a complete replacement or a partial refund at its sole discretion, depending on the conditions and on the extent of use of the returned components and on the type of damage reported. For example, if the damaged product shows obvious signs of wear, a partial refund will be offered in the form of coupons. The address to send the warranty claims is: firstname.lastname@example.org.
In case of damage due to transportation (damaged or tampered packaging) Muraro Silvio will replace the products only if the customer accepts the goods only under the condition “goods unchecked” and only if he returns the damaged goods to Muraro Silvio.
STORAGE PRODUCTS IN REPAIR:
The products sent for repair must be withdrawn within 6 months. After 6 months the product cannot be withdrawn and the customer will have to pay the storage costs.
RIGHT OF WITHDRAWAL
Web sales are identified as distance contracts, according to the Italian Legislative Decree n. 206/05 articles 45-68 which regulates the matter of distance contracts, that are made outside of business units. If the customer is a consumer (a person who buys goods for purposes not related to his professional activity, or does not the purchase by indicating a VAT number), he is entitled to terminate the purchase contract for any reason, without any explanation and without any penalty.
The holder of a VAT, which makes a purchase for his own business, can not rely on consumer protection rules. To exercise this right, the customer must send a notice to Muraro Silvio, and ship the goods to: Muraro Silvio – Via dell’Artigianato 24 – 36023 Costozza of Longare – VI – Italy within 14 working days from the date of receipt of the goods. The Consumer Code in articles from 45 to 68, regulates the right of withdrawal, which can be practised only as regards contracts for the supply of goods or services at distance or away from business units, between consumer and seller / trader, and only for the first against the second one, not vice versa. The consumer is defined as “a person acting for purposes not related to their business or profession.” Therefore, the holder of a VAT that buys goods for his own business can not rely on consumer protection rules.
MODE OF WITHDRAWAL
The communication of withdrawal must be sent by registered letter with acknowledgment of receipt, addressed to Silvio Muraro, Via dell’Artigianato 24 – 36023 Costozza di Longare – VI – Italy. It’s also allowed the communication of withdrawal by telegram, fax (0039 0444 956100) and even by email addressed to: email@example.com, provided its receipt is confirmed by Muraro Silvio. Once the notice of withdrawal has been received, the Customer Service of Muraro Silvio will immediately notify the customer by e-mail to return the goods, taking care to indicate his data (name, surname, e-mail, phone) on the package and attaching a copy of the purchase invoice; not forgetting however that the goods must be received within the period of fourteen working days specified by the law and shipment costs will be borne by the customer. If the goods are not sent back within 14 days from the withdrawal request, the right of withdrawal can no longer be exercised. The right of withdrawal depends on the following conditions:
– The right of withdrawal applies to the whole product only, and it cannot be exercised on a single part;
– The product must be intact, not damaged and returned in its original packaging, with the documentation;
– The shipping costs are borne by the customer;
– The shipment is under the responsibility of the customer;
– If the goods are damaged during shipment, Muraro Silvio will notify the customer (within the following business day after receiving the goods), to enable him to file a timely complaint against the courier chosen by him and to obtain reimbursement of the value of the goods (if they are insured); in this case the product will be returned, with shipping costs charged to the customer, and the request for withdrawal will be canceled. Muraro Silvio is not responsible for damage or theft / loss of the goods.
On its arrival at the warehouse, the product will be examined to assess any damages not caused by transport. If the original inside / outside packaging is spoiled, Muraro Silvio will withdraw a percentage equal to 10% from the refund, as cost of restoration of the goods. According to Directive 2011/83 / EU if the product is spoiled, the buyer deciding to exercise the right of withdrawal as foreseen by the law, may return the goods and he will be responsible for the demonstrated decrease in the value of the secured goods. So the customer that withdraws will return the goods even if partially damaged, paying the decrease in the value of the guarded goods, which will be determined by Muraro Silvio after careful analysis at his warehouse. Without prejudice to any repair costs for damages assessed to the original packaging and the returned product, Muraro Silvio will refund the customer the amount already paid, within 14 days after receiving the goods. Shipping charges upholded by the customer and identified separately in the checkout, will not be refunded. The Buyer shall promptly provide the bank account details which to obtain the transfer on (ABI and CAB codes – Bank account has to correspond to the holder of he bill for the returned goods).
The right of withdrawal ceases when essential conditions of the goods integrity lack, if Muraro Silvio finds that the product is damaged due to the transport, due to tampering, or due to improper use or for exceeding the time limits specified by the law for reasons not caused by Muraro Silvio
– In case of forfeiture of the right of withdrawal, Muraro Silvio will return the goods to the sender and he will charge him the shipping costs. The right of withdrawal by the customer will not apply if the goods have been withdrawn and paid in store (Pick & Pay) since in this case the transaction is transformed into a simple reservation completed on purchase when Muraro Silvio issues the invoice. It cannot therefore be considered as an on-line transaction or as a mail order because the business relationship is entertained with an affiliate in normal business units.
LAW AND JURISDICTION:
These Terms and the business relationship between Muraro Silvio and the consumer are governed by Italian law. Any dispute arising out of these General Terms and Conditions will be within the competence of the court of the registered office of Muraro Silvio, which is elected by all the effects, the Court of Vicenza, at variance with the law.
Due to the establishment of a commercial relationship and in the course of it our company will collect and treat Your personal data; we specify immediately for the sake of clearness the following definitions according to the Leg. Decree 196/2003: treatment: any operation, done even without electronic devices, concerning collection, recording, organization, filing, consultation, processing, alteration, selection, extraction, comparison, use, interconnection, blocking, communication, circulation, deleting and destruction of data; personal data: any information concerning a natural person, identified or identifiable, even not directly, through reference to any other information, including also a personal identification number. That being stated according to article 13 of the Leg. Decree 196/2003 (Privacy Code), We inform You that the collection and treatment of personal data will be carried out by the company here writing in observance of the following: purposes: your data will be treated for the correct processing of accounting, fiscal, commercial and technical fulfilment, as well as for all business activities in general relative to the existing relationship; advertising purposes: your data will be used, subject to your prior specific and explicit consent, also for sending advertising material/messages by mail, e-mail, fax, sms and similar. Once the agreement to the personal data treatment has been stated, the subject is reserved the right to object at any time and without any cost to the treatment for these purposes; procedure: your data will be treated both with paper and electronic/computer/telematic instruments/supports in strict compliance with the law, according to lawfulness and honesty principles and in order to guarantee your privacy; optional data transmission: the transmission of your data is optional and not compulsory; consequences of a possible refusal: the refusal to transmit your data or the integral objection to their treatment entails the impossibility to continue any commercial or any other relationship with our society; on the contrary, the objection to the use of your data with the aim to send advertising material/messages will have no consequences on present or future relationship between the parties; subjects or subject categories recipients of data transmission or diffusion: your data can be transmitted to third parties only to fulfil legal or contractual obligations. In no cases your data will be made public; people responsible for and entrusted to data treatment: your data will be treated exclusively by people from the company administrative and commercial departments responsible for and entrusted to the data treatment; subject rights: the subject is guaranteed all the rights according to article 7 here attached in its integral version and to be considered inseparable part of it; data controller: the Data Controller is Muraro Silvio, located in Costozza di Longare (VI), Via dell’Artigianato n. 24, in the person of its legal representative; responsible/s: the Data Manager is Muraro Silvio, whose office is located in in Costozza di Longare (VI), Via dell’Artigianato n. 24. Any request of information or clarification should be addressed to this responsible person. The full and constantly updated list of the responsible people is available on the web site and/or in our head office. The present information note can be integrated orally or in writing with additional elements and indications in order to fully satisfy any question related to the issue of “Privacy” and in order to favour the regulations implementation. Article 7 of the Leg. Decree 196/2003 (Right to access personal data and other rights).
1. The subject has the right to receive confirmation of the existence or not of personal data concerning himself/herself, even if not yet registered, and their intelligible communication.
2. The subject has the right to receive indication about: a) the source of personal data treated; b) the treatment purposes and procedure; c) the rules applied in case of the treatment of data through electronic devices; d) the identification details of the data controller, the responsible people and appointed representatives according to article 5, paragraph 2; e) the subjects and subject categories to whom personal data can be communicated or who can have access to this information due to their role of representative in the State territory, responsible or entrusted people.
3. The subject has to right to require: a) the update, the rectification and, if it is the case, the integration of data;
b) the deletion, the change into anonymous format or the block of data if treated in violation of the law, including data for which it is not necessary the preservation for the purposes for which data itself was collected or successively treated;
c) the confirmation that the actions as above stated in point a) and b) have been notified, also with respect to their content, to the people who the data has been transmitted or disclosed to, except in the case when this is impossible or entails the use of clearly disproportionate means in comparison to the right protected.
4. The subject has the right to fully or partly object to: a) the treatment of data concerning him/her for legitimate reasons, even if relevant to the data collection purposes; b) the treatment of personal data relating to him/her with the aim to send advertising material or make a direct sale or with the aim to carry out market researches or make commercial announcements.