Terms and conditions


1a) INTRODUCTION - These General Conditions of Sale hereinafter referred to as "General Conditions", govern the contractual relations between the Customers, hereinafter the Buyer, of Marika's e-ommerce site https://www.marikadepaola.it De Paola Srl registered in the Company Register of Modena with VAT number 03974490363 PEC: marikadepaolasrl@legalmail.it, with registered office in Via Cesare Battisti, n.53 in Modena (Mo) - CAP 41121 ITALY, hereinafter Seller .

Some clarifications:
The term "Customer" refers generically to the consumer who makes a purchase of Products marketed by the Seller in compliance with the provisions indicated on the Site and in the General Conditions; therefore, all interested parties who do not have similar activities (traders, wholesalers, resellers, professionals, in general VAT number holders who do not intend to resell the related products to third parties) will be able to purchase with the goods sold on the https e-commerce ://www.marikadepaola.it

The "sales contract" is defined, pursuant to art. 45 of the Consumer Code, like any contract under which the professional - Seller transfers or undertakes to transfer ownership of goods to the consumer Buyer Customer and the latter pays or undertakes to pay the price, including contracts that have as an object of both goods and services. The online sales contract in this case falls within the context of a "distance contract", i.e. a contract concluded between the seller and the consumer within the framework of an organized scheme for the sale or provision of services at a distance without the physical and simultaneous presence of the professional and the consumer, through the exclusive use of one or more remote means of communication until the conclusion of the contract, including the conclusion of the contract itself.

The contractual relations between the Parties are governed by Italian law and in particular by the Consumer Code.

These General Conditions are the only ones that can be applied and replace all other conditions, except for preliminary, express and written exceptions. The Seller may decide to modify them, therefore, users are advised to read them at each visit. These modifications are enforceable starting from their online publication and are not applicable to contracts stipulated prior to their publication, the General Conditions of Sale applicable on the date of the order are valid for each purchase on the Site.

Marika De Paola Srl hopes that the Customers have read and accepted the General Conditions of Sale without reservations, before having validated the order. Customers undertake to respect the General Conditions and respect the information.

By placing an order, the Customer declares:

1) to be a consumer in accordance with the provisions of art. 3, 1st paragraph, lett. a) of the Consumer Code; or in the case of a VAT number holder, to purchase for personal interest and not for resale;

2) to be of age;

3) that the data supplied by the same for the execution of the Contract are correct and truthful;

4) to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions indicated in the purchase procedure, as provided for by article 51, 2nd paragraph of the Code of Consumption. This obligation also applies to a Buyer with a VAT number.

1b) EXCLUSION OF LIABILITY - In the event of non-acceptance, even partial, of an order by the Seller, any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things.

1c) DISCLAIMER – The information on the products provided by the online shop of Marika De Paola Srl www.marikadepoala.it are to be understood as simple generic information material. All information is usually provided by the respective manufacturers or is deduced from editorial material freely accessible to the public.

The general conditions of sale referred to in the introduction are an integral and substantial part of this contract. The Customer is guaranteed only and exclusively on the purchase of the products present in the electronic catalog of the online shop www.marikadepaola.it at the time of placing the order and which can be viewed online at the address (URL) https://www.marikadepaola.it

Acceptance of these General Terms and Conditions of Sale is express and unreserved and will be effected by the Customer by "clicking" on the appropriate virtual button "I accept", after correct and truthful compilation and electronic transmission to the Seller of a summary form of the type and quantity of Products that he intends to purchase and subject to indication of his personal, fiscal and personal data, which represents the "Order Form", following the instructions indicated therein. This procedure, completed in all its parts, constitutes a necessary and indispensable condition for the purchase of the Products.

It is also specified that the images pertaining to the description of an asset could, in some cases, not be perfectly distinctive of its characteristics but differ in some details, such as dimensions, colors, other particular accessories or details possibly presented in the figure.

2a) PERFORMANCE OF THE CONTRACT - The Contract is concluded by communicating to the Customer (who has formulated a purchase proposal with the Order Form indicated above and providing the data necessary for the registration procedure of his name, the purchase order and the chosen payment method) that the proposal has been accepted. The correct receipt of the order is confirmed by the Seller by means of a reply, via e-mail sent to the e-mail address communicated by the Customer at the time of the order. The "Customer Order Number", shown in the confirmation message together with the date and time of receipt of the order, will be used in any further communication with the online shop of Marika De Paola Srl. The Customer undertakes to verify the correctness of all data entered in the manner described in this document and to promptly communicate any corrections. The order number that will be assigned upon confirmation of purchase is generated progressively and is necessarily unique.

The Customer will be able to monitor the status of his order by accessing the personal web area dedicated to him.

It is strictly prohibited, as well as punished by Italian law, for the Customer to provide and enter false and/or fictitious data in the registration procedure necessary for the conclusion and execution of the Contract and the related further communications; the personal data and e-mail address must be exclusively one's real personal data and not of third parties, or fictitious. The Customer assumes all responsibility, including criminal liability, regarding the consequences connected to the incorrect indication of his data and indemnifies Marika De Paola Srl from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer.

2b) NON-ACCEPTION – In the event of non-acceptance of the order by the Seller for any reason, the company guarantees timely communication to the Customer by the appropriate means.

2c) AVAILABILITY OF THE PRODUCT - All the products published for sale and present in the electronic catalog of the online shop are available at the time of purchase, except for "unforeseen unavailability", to be understood as an exceptional situation for replenishment by producers and/or suppliers of the online shop, or due to IT errors, stock shortages, uncommunicated out-of-stock, non-delivery due to carrier strike, product non-conformity upon receipt and other unforeseeable causes upon acceptance of the order. reserves the right to partially refund, for any unavailable items or totally the order in the event that the missing item is the only one constituting the order itself.

In the event that the product ordered directly on the www.marikadepaola.it website is not available, but "can be ordered", the company itself undertakes to contact customers via e-mail within 15 days from the date of the order to inform them of the times necessary for the delivery of the product.

It should be noted that the "available" products are normally delivered to the courier within 24-48 hours of working days, unless otherwise indicated in the individual product sheets. Therefore, if the products selected by the Customer are partially available and partially orderable, the order will actually proceed for the first, for which the Customer undertakes to pay the price in the chosen method; for the latter, if he decides to buy them, he will proceed to a new order.

Order fulfillment is notified via e-mail, using the e-mail address provided during registration.

2d) LIMITS OF ACCESS TO THE SITE - The Seller reserves the unquestionable right to inhibit access to the site https://www.marikadepaola.it in full or limited to some features of the Customer Account at any time and without notice which payment irregularities have been detected, non-payment, image damage on the internet, obscene, vulgar or inappropriate language for the comment and review functions, repeated and continuous unfinished order attempts, computer attacks or any other explicit activity or implied, which may cause direct or indirect damage to the Seller.

2e) INVOICE - For each order placed on the online shop, if the Customer has expressly requested it at the time of the order by ticking the relevant box, and has provided: Valid VAT number or valid Tax Code when registering the Customer Account, a certified mail address (PEC) to which to send the electronic invoice or alternatively a recipient code, the Seller will issue an invoice for the shipped material, anticipating a copy by e-mail and sending it together with the purchased products, to the order holder, pursuant to of the provisions in force, having verified that the payment has been successful.

For the details reported when the invoice is issued, the information provided by the Customer when placing the order is valid. In fact, no change in the invoice will be possible after it has been issued.

The sales prices of the products indicated on the Site are expressed in euros (€) and include VAT, but do not include delivery. Delivery costs are always charged to the Customers and are invoiced at the end of the order as a supplement to the selected products.

The Seller reserves the right to change the prices at any time, but undertakes equally to apply the prices indicated on the Site at the time the order is placed. In the event of displaying an incorrect and/or manifestly negligible price, for any reason (such as a computer bug, manual error, technical error), the Seller will contact the Customer, inform him of the misunderstanding noted and indicating and correcting the 'actual sale price, therefore the Customer will have the right to decide: whether to proceed with the new order, or on the other hand to cancel the previous one.

What is indicated in the previous paragraph also applies in the case of initial validation of the order whose prices are clearly perceptible to be incorrect.

The Customer is allowed to choose one of the methods indicated on the site at the time of the order.

3a) CREDIT CARD – In the event that "Credit Card" is chosen as the payment method, together with the conclusion of the online transaction, the reference bank will authorize only the commitment of the amount relating to the purchase made.

– In the event of cancellation of the order, both by the Customer and in the event of non-acceptance of the same by the Seller, the Seller will simultaneously request the cancellation of the transaction and the release of the committed amount. The release times, for some types of cards, depend exclusively on the banking system and can go up to their natural expiry, it is advisable to ask your bank about the timing.

Transaction security. Online credit card transactions are carried out directly on the Bank's website, via a secure server which adopts the SSL (Secure Socket Layer) protection system. This protocol, certified Verisign, allows you to communicate in a way designed to avoid the interception, modification or falsification of information. The Seller is not aware of the credit card data used by its customers.

Once the transaction has been canceled or the amount credited back, in no case can the Seller be held responsible for any direct or indirect damages caused by delays in the actual crediting due to PayPal or the banking system.

3c) ADVANCE BANK TRANSFER – In the event that the "Bank Transfer" is chosen as the payment method, the Customer will be provided with all the necessary instructions in the final phase of the Checkout. It is possible to speed up delivery times by sending the accountant the receipt of payment by email ordini@marikadepaola.it, thus allowing the preparation of the outgoing order. Payment by advance bank transfer provides, in any case and without exception, that the order is delivered to the courier once the payment transfer has been received, and therefore on the effective date of the current account value.

The purpose of the bank transfer must include the order identifier (Order Number), which is issued in the order confirmation email.

Orders submitted and not paid by bank transfer within five working days from the date of receipt may be canceled by the Seller at its discretion.

If payment is made by bank transfer, any invoice requested for the order will be issued and will be available only when the amount due is actually credited to the current account.

The bank details on which to make the transfers are:
Marika DePaola Srl
IBAN: IT35Y0538767062000003385039

Indicate the number and date of the order in the reason for payment

The Seller accepts the Customer's orders within the limits of the quantities of products requested and existing in the so-called "available" warehouse. Therefore, the delivery of the products indicated in the purchase proposal, forwarded by the Customer, is subject to the availability of the products in stock. It also undertakes to promptly notify the Customer of any unforeseeable out-of-stocks due to excess demand or other unforeseen/unpredictable causes.

No responsibility can be attributed to our business in the event of a delay in the order or in the delivery of the order in the event of shortcomings or defaults by the delivery courier.

Likewise, the Seller declines all responsibility for non-delivery deriving from causes dependent on non-collection, incorrect or incompletely entered address or other causes beyond the control of the Selling Company.

Delivery costs, as well as any optional services such as delivery: to the floor, by appointment, on Saturday, in the evening, scheduled, on a fixed day; redelivery, as well as for non-standard shipments: oversized and non-stackable, insurance) are the responsibility of the Purchaser and the amount of which will increase as the weight increases, plus any additional costs for the islands: Sicily and Sardinia, as well as for Calabria, the everything will be explicitly specified and highlighted at the time the order is placed / or the transport cost will be calculated automatically based on the weight of the items making up the order and the destination location. In any case, the amount of the shipping costs is shown in the final summary, BEFORE the actual conclusion of the purchase procedure; without prejudice to any promotional initiatives that provide for delivery with costs to be borne by the Seller. Such promotional initiatives, if present, will be reported on the site and clearly exemplified in the modalities according to the promotion in progress from time to time. Payment for the goods by the customer will be made using the method chosen when placing the order. Nothing is owed more by the Customer than the total indicated in the order.

The delivery of the goods, in particular of an intact and sealed package, is understood to be "at street level" unless further indicated below, which provide for an additional supplement to the normal delivery cost:

– different communication upon completion of the order (such as, for example, delivery, by appointment, on Saturday, in the evening or finally on the fixed day);

– any methods provided for in the product technical data sheet (for non-standard shipments: oversize, non-stackable);

– the explicit purchase of delivery to the floor;

The delivery times of the goods ordered are purely indicative and could undergo variations due to force majeure or due to traffic conditions, adverse weather conditions (eg snow) and road conditions in general or by act of the Authority. Standard delivery, unless otherwise agreed in writing between the Parties, will take place on working days, from Monday to Friday. No responsibility can be attributed to us in case of delay in the order or in the delivery of the goods ordered.

Upon delivery of the goods by the courier, the Customer is required to check that the packaging is intact, not damaged, wet or otherwise altered.

Any external damage or "doubtful" noises must be immediately reported to the courier who makes the delivery, adding the wording "withdrawal with reserve" specifying a precise reason, on the appropriate delivery document, and confirmed within 8 days by registered mail with return receipt to the courier, whose address is specified on the accompanying document. In particular, in the event that the package is damaged, "withdrawal with reserve because the package is damaged" must be indicated. It is also required to open an anomaly file by sending an email to ordini@marikadepaola.it, no later than twenty-four (24) hours from receipt of the goods, by sending an email with photographs and a statement of what happened.

Once the courier's document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered. Even if the packaging is intact, the goods must be checked within 24 (twenty-four) hours of receipt.

Any damage or hidden anomalies must be reported in writing by registered mail with return receipt to be sent to the registered office or PEC within 24 (twenty-four) hours of delivery of the goods. Once this period has elapsed, the Seller is released from any type of liability, which could derive from the Buyer's negligence, imprudence or inexperience, since the sale of products is mostly ceramic and therefore fragile.

Any report on uninsured purchases during the purchase phase, beyond the aforementioned terms, will not be taken into consideration. The Customer assumes full responsibility for what is declared, for any communication, in particular with reference to false declarations.

In the event of failure to collect the material in storage by the 4th day, a further supplement will be applied starting from the 5th to the 15th day at the warehouses; finally, if due to repeated inability to deliver to the address indicated by the Customer when placing the order, the order will be returned and the relative additional shipping costs will be charged at 100% (return to sender).


Order fulfillment times

"Order fulfillment times" means the time interval that elapses from acceptance of the order to delivery of the product to the courier. All orders, containing products available in stock, for which payment confirmation has been received by 12.00 on a working day, are already entrusted to the courier on the following working day. For items not available in stock, but which can be ordered, the company itself undertakes to contact customers via e-mail within 15 days from the date of the order to inform them of the times necessary for the delivery of the product.

Courier delivery times (National).

The indicative delivery times on the Italian territory expressed in hours, from the moment the courier takes charge of the shipment (withdrawal of the shipment from our Logistics Center by the courier) is guaranteed in 24/48 hours, with the exception of the Islands or disadvantaged areas.

According to the provisions of the Consumer Code, Legislative Decree n.206/2005 as well as the latest amendment Legislative Decree n.219/2016, with reference to distance contracts or contracts negotiated away from business premises, there is the possibility for of the Buyer - consumer to exercise, pursuant to art. 52, the so-called right of withdrawal or change of mind, i.e. to return the purchased good to the Seller and obtain the consequent reimbursement of the purchase price, within a period of fourteen (14) working days from receipt of the goods, without having to provide any reason and without having to bear costs other than those provided for in art. 56, paragraph 2 and 57.

The right of withdrawal applies only to natural persons - consumers, who act for purposes that can be considered unrelated to their commercial activity. The Professional Customer cannot, in any case, take advantage of any right of withdrawal.

Method of withdrawal: The Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within fourteen (14) days of receipt of the products. The withdrawal must be expressed by registered letter with acknowledgment of receipt to be sent to the following address: Marika De Paola Srl Via Cesare Battisti 53 cap 41121 Modena

Or by PEC to the following box: marikadepaolasrl@legalmail.it

Once the communication has been received, the Seller's Customer Service will forward instructions on how to return the goods to the Customer. The right of withdrawal is subject to the following conditions:

The law applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.
By law, the shipping costs relating to the return of the goods are charged to the customer.
If, the Customer who has made a return on an order with free transport (since at the moment there was a promotion in progress: zero transport costs), with the return the Buyer will be charged for the transport costs previously paid, reversing them from the amount to be reimbursed.

The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer.
The Seller is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
In the event of damage to the goods during transport, the Seller will notify the Customer of the incident (within 5 working days), to allow him to file a complaint against the courier and obtain any reimbursement. In this case, the product will be made available to the Customer for its return at the same time as canceling the request for withdrawal.
The Seller will refund the Customer the full amount already paid, within 30 days of the return of the goods, after checking the state of conservation. The refund does not include transport costs, both those incurred for the original shipment of the goods and those for the subsequent return. Reimbursement will be made by transferring the amount charged to the credit card or by bank transfer. It will be the Customer's responsibility to provide the bank details on which to obtain the refund.

The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains:

The lack of the external packaging and/or wrapping containing the purchased product as these are mostly fragile products;
Damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, the Seller will return the purchased goods to the sender, charging the shipping costs to the sender.
Pursuant to art. 59 of the consumer code there are exceptions to the right of withdrawal, in this case the Seller cannot be applied: “1. The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to: ... c) the supply of made-to-measure or clearly personalized goods, d) if the goods risk deteriorate, e) if the sealed goods, opened after delivery, do not lend themselves to being returned for hygienic or health protection reasons, f) in the case of supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods ... and finally the products which, in the opinion of the Seller, are used".

Since 15 February 2016, a new platform managed by the European Commission has been active online, the ODR (Online Dispute Resolution), aimed at allowing EU citizens to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services in a non-judicial manner stipulated online. To lodge a complaint, you can connect to the following site: www.ec.europa.eu/consumers/odr

The ODR platform is designed to facilitate communication between the trader-Seller, the Customer-consumer and a dispute resolution body. A dispute resolution body is an organization or impartial person who helps consumers and traders resolve disputes without going to court.

For more information, the Customer Service is at your complete disposal.

Pursuant to Title III, Chapter I, Articles 128 et seq. of the Consumer Code, the legal guarantee of conformity applies to the sale of the products. The Customer has the right to restore, without charge, the conformity of the goods by replacement or to an adequate reduction of the price or the termination of the contract. The Seller is responsible, in accordance with article 130, when the lack of conformity occurs within two years of delivery of the goods. The consumer forfeits the rights provided for by article 130, 2nd paragraph, if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect. The action aimed at asserting the defects not fraudulently concealed by the Seller and is prescribed, in any case, within the term of twenty-six months from the delivery of the goods.

All products marketed by the Seller are covered by the 24-month legal guarantee of conformity for lack of conformity.
To use the warranty, the Customer must deliver the invoice (or DDT) that he received together with the purchased goods.

The conventional guarantee of the manufacturer of the goods, if provided by the latter, is present in the internal packaging and indicates the methods for being able to use it. If, following intervention by an Authorized Assistance Center, the defect is not covered by the manufacturer's standard warranty, the Customer will be charged for any costs of verification and recovery requested by the Authorized Assistance, as well as any transport costs.
III. The 24-month warranty pursuant to Legislative Decree n.24/02 applies to products that present a lack of conformity, provided that the same is used correctly, in compliance with its intended use and with the provisions of the technical documentation attached. This guarantee, in accordance with Legislative Decree no. 24/92, is reserved only for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a VAT number reference). In the event of a lack of conformity, the Seller shall restore the conformity of the product by means of repair/replacement or a reduction in price, at no cost to the Customer, until the termination of the contract. If, following intervention by an Authorized Assistance Center, a lack of conformity should not result in accordance with Legislative Decree n.24/02, the Customer will be charged for any costs of verification and recovery required by the Authorized Assistance , as well as transport costs if incurred by the Seller

Replacements in the event of DOA (Dead On Arrival: product not working when first switched on), subject to the existence of the conditions for the application of Legislative Decree no. 24/02, will be carried out only if expressly provided for by the manufacturer. The timing of replacement or repair of the product depends exclusively on the manufacturer.
In the event that, for any reason, the Seller is unable to replace a product under warranty (restored or replaced), he may proceed, with the prior consent of the Customer, to replace the product itself (if still in the price list) or with another same features and value.
No damages can be requested from the Seller for any delays in carrying out repairs or replacements of products under warranty.
VII. In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc…); to limit damage to the original packaging, it is recommended, when possible, to place it in a second box; the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.

The information provided by the Customers is essential for the processing and fulfillment of the orders, as well as for the drafting of the invoices and warranty contracts; their lack involves the cancellation of the order.

By registering on the e-commerce site, you undertake to provide us with truthful and authentic information. It is strictly forbidden for the Customer to enter false and/or fictitious data in the registration procedure necessary for the conclusion and execution of the Contract and the related further communications; the personal data and e-mail address must be exclusively one's real personal data (except for the e-mail address, which may not be the user's personal data) and not of third parties, or fictitious. The Customer assumes all responsibility for the consequences connected to the incorrect indication of his data and indemnifies the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer.

In accordance with EU Regulation 2016/679 concerning the protection of personal data of natural persons, marikadepaola.it with the registration acquires consent and is authorized to collect, process and use your personal data for the purposes preparatory to the order. The aforementioned data will be processed with IT and/or paper tools.

Please note that, as a Customer, you may, at any time, request the Seller to provide information regarding personal data and request the right to access it, confirmation of the existence or otherwise of the same data and to know its content and origin, the purposes for which they were collected, the recipients or categories of recipients to whom the personal data are directed, modify, cancel, by contacting our Customer Service at the telephone number 351/2067214 or by email at ordini@marikadepaola .it

In case of given consent, when creating the account on the Site, the Seller can send information regarding specific and limited promotional operations. Furthermore, it is recalled that it is possible to request, at any time, the interruption of the sending of such e-mail messages, in this process, the Seller is the only subject to hold personal data.
It should also be remembered that cookies record certain information contained in the hard disk memory of the Client's computer. This information is used to create statistics relating to the number of site visits and to propose personalized offers, based on the items already selected by the Customer during his previous visits. A warning window will ask, in advance, whether or not the Customer wishes to accept these cookies. Please note that these cookies do not contain confidential customer information.

Any complaint must be made in writing, by registered letter with return receipt to Marika De Paola Srl Via Cesare Battisti, 53 cap 41121 Modena (MO) or by PEC: marikadepaolasrl@legalmail.it

9- COMPETENT COURT - The remote sales contract between the Customer and Marika De Paola Srl is to be understood as stipulated and concluded in Italy and therefore governed by Italian law. For the consumer Customer, any civil and/or criminal dispute relating to the application, execution, interpretation and violation of the distance selling contract will be the territorial jurisdiction of the reference court in which the Customer has his residence or domicile, if located in the territory of the Italian state. Otherwise, if the Customer has his residence/domicile abroad or is not a consumer, the territorial jurisdiction of the Seller's court applies, in the case of Marika De Paola Srl in Modena.

Although not expressly provided for, these general conditions refer to the rules on remote purchase contracts (in this case remote contracts by means of a computer network) of Legislative Decree No. 206/2005.

Before proceeding with the purchase of the Products, according to the methods established in these General Conditions and indicated on the e-commerce site https://www.marikadepaola.it, the Customer certifies that he has read and fully accepted the content of these General Conditions as well as having read all the information provided during the purchase procedure.