General terms and conditions of sale

Art. 1 – General Provisions

1. The Customer navigating in this area accesses Martcom (hereinafter “MC”), the proprietary brand of the company MediaMaking Srl, accessible through the url: https://martcom.eu/en. Browsing and transmitting a purchase order on the Site implies acceptance of the General Terms and Conditions of Sale, as well as the Data Protection Policies adopted by the Site, indicated therein.
2. These General Terms and Conditions of Sale (hereinafter “GTC”) apply to the sale of Products with exclusive reference to purchases made on the Site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 as amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by:
   MediaMaking Srl
   Via Mestre, 19 – 20132 Milan
   VAT No.: 09900750960
   Registered with the REA, number MI – 2120514

3. The Customer is required, prior to accessing the Products provided by the Site, to read these Terms and Conditions, which are deemed to be generally and unequivocally accepted at the time of purchase.
4. The Customer is encouraged to download and print a copy of the purchase receipt and these GTC, the terms of which MC reserves the right to change unilaterally and without notice.
5. You can use the Site and, thus, access the Products provided by MC, as well as proceed to purchase in the following languages:
   Italian
   English

Art. 2 – Purpose and Scope

1. These GTC govern the offer, submission and acceptance of purchase orders for Products on MC and do not, however, govern the provision of services or the sale of Products by parties other than the seller who are present on the same Site through links, banners or other hypertext links.
2. Before placing orders and purchasing Products and services from different parties, it is suggested that the Customer check their terms of sale.
3. These GTC apply to all Products and services offered by MC and to all contracts concluded between MC and the Customer as a Consumer. These GCS do not apply to companies and, orders received by them will not be fulfilled.
4. The Customer represents and warrants that the purchase of Products on the Site is for strictly personal use, to the exclusion of any commercial activity and/or otherwise for use in any other manner.

Art. 3 – Conclusion of the contract

1. In order to conclude the purchase agreement, you will need to complete the form in electronic format and submit it following the relevant instructions.
2. It will contain a reference to the GTC, images of each product and its price, the means of payment that can be used, the method of delivery of the Products purchased and the related shipping and delivery costs, as well as the conditions for exercising the right of withdrawal and the manner and timing for returning the Products purchased.
3. Before concluding the contract, you will be asked to confirm that you have read the GTC including the Information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when MC receives the form filled out by the Customer, after checking that the data contained therein are correct.
5. The Customer will be obliged to pay the price from the moment the online order submission procedure is completed. This will be done by clicking on the “place order” button at the end of the guided procedure.
6. Once the contract is concluded, MC takes charge of the order for its fulfillment. It will be MC’s responsibility to provide the Customer with confirmation, via e-mail, of the order, receipt of payment, as well as the shipment of the product. MC will inform the Customer by e-mail if it is unable to accept the order. Such an eventuality could occur in case the ordered product is not available, or, in case MC found an error related to the price or description of the product, or in case MC is unable to meet the required deadline for delivery.
7. All sales information is an integral part of the contract and cannot be changed unless otherwise expressly agreed upon by MC and the Customer.

Art. 4 – Registered Users

1. In completing the registration procedures, the Customer undertakes to follow the instructions on the Site and to provide his personal data correctly and truthfully.
2. Confirmation will in any case exonerate MC from any responsibility regarding the data provided by the Customer. The Customer undertakes to promptly inform MC of any change in its data at any time communicated.
3. If the Customer then communicates inaccurate or incomplete data or even in the event that there is a dispute by the parties concerned about the payments made, MC will have the right not to activate-that is, to suspend-the service until the relevant shortcomings are remedied.
4. To register for the Site, the Customer must fill in the following in the form provided: username, e-mail address and password. The latter acknowledges that these data constitute the only system of validation of the Customer’s access to the services of the Site and identification of the same. The acts performed by means of such access will be attributed to him and will be binding on him.
5. The Customer undertakes to maintain the secrecy of his access data and to guard them with due care and diligence and not to transfer them even temporarily to third parties.

Article 5 – Availability of Products

1. The availability of the Products refers to the actual availability at the time the Customer places the order. However, this availability must be considered purely indicative because, as a result of the simultaneous presence on the Site of several users, the Products may be sold to other customers before the order is confirmed.
2. Even after the order confirmation e-mail is sent, cases of partial or total unavailability of the goods may occur. In this eventuality, the order will be rectified automatically with the deletion of the unavailable product and the Customer will be informed immediately by e-mail.
3. If the Customer requests cancellation of the order, terminating the contract, MC will refund the amount paid within 30 days from the time MC becomes aware of it.

Art. 6 – Products offered

1. MC markets: audiovisual and computer electronic equipment
2. The offer is detailed on MC’s Site at the link: https://martcom.eu/en/shop/
3. Product descriptions and images on the Site correspond to what is made available by MC. The photographs and videos presenting the Products accompanying the descriptive information are published on the Site for descriptive purposes, taking into account the fact that the quality of the images may depend on the software and computer equipment used by the Customer at the time of connection to the Site. MC assumes no responsibility for problems caused to the Customer by the use of the Site and the technologies used as they are beyond its control.

Art. 7 – Payment methods and prices

1. The price of the Products shall be as stated from time to time on the Site, except where there is a manifest error.
2. In the event of an error MC will notify the Customer as soon as possible allowing confirmation of the order at the correct amount, or eventual cancellation. In any case, there will be no obligation for MC to supply what was sold at the lower price erroneously indicated.
3. Site prices include VAT and do not include shipping costs. Prices are subject to change at any time. Changes do not affect orders for which order confirmation has already been sent.
4. Once the desired Products have been selected, they will be added to the shopping cart. It will be sufficient to follow the purchase instructions, entering or verifying the required information at each step of the process; keeping in mind that the order details may be changed before payment.
5. The Customer holds MC harmless from any liability arising from the issuance of incorrect tax documents due to inaccurate data provided by the Customer.
6. Payment for the Products can be made by:
   Bank transfer
   PayPal
   Apple Pay
   Credit Card
7. For each order placed on https://martcom.eu/en/, MC will issue an invoice for the material shipped. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be authentic. No changes in the invoice will be possible, after its issuance.

Art. 8 – Delivery

1. MC makes shipments on weekdays (Monday through Friday), throughout Italy and European Union member countries.
2. MC will only make deliveries to the Customer’s home, provided at the time of purchase.
3. Delivery is made according to the Customer’s choice through the online form: by courier, or at MC’s operational headquarters, with pickup of the order at Via Mestre, 19 – 20132 Milan (see the separate “Shipping” section). For shipments by courier, delivery is generally made within 2-4 working days, 5-6 working days for locations in hard-to-reach zip codes and/or islands, or if no delivery date is specified, within the estimated time limit on the e-mail confirming that the shipment has been sent and, in any case, within a maximum of thirty days from the date of confirmation.
4. Shipping costs are borne by the Customer and are explicitly highlighted when placing the order (see the separate “Shipping” section). Shipping costs are calculated taking into account the weight of the goods and the location of the delivery address.
5. If delivery is not possible, the order will be sent to the warehouse. In such an event, a notice will specify the location of the order and how a new delivery can be arranged.
6. If the Customer is unable to be present at the delivery location at the agreed time, the Customer must contact MC again to arrange a new delivery date.
7. If delivery cannot take place for reasons beyond MC’s control after 30 days from the date on which the order is available for delivery, the contract will be considered terminated.
8. As a result of termination, amounts will be returned, including delivery costs with the exclusion of any additional costs arising from the choice of a delivery method other than the ordinary method offered without justified delay and, in any case, within 30 days from the date of termination of the contract. Transportation resulting from the termination of the contract may have additional costs that will be borne by the Customer.
9. Damage due to transportation must be attributed to the Customer directly to the carrier, as it is agreed that MC is exempt from liability on behalf of third parties.
10. In the event that the Customer is not domiciled in Italy or in European Union Member States, and wishes to request the shipment of products outside the E.U., he/she is invited to make direct contact with the responsible employees of MC at the following telephone number: +39 02.40741153, or at the e-mail address: [email protected], in order to define the terms and conditions of sale, shipping costs and the applicable VAT and invoicing regime according to the specific case.

Art. 9 – Passing of risk

1. Risks related to the Products will pass to the Customer from the time of delivery.
2. Title to the contracted Products shall transfer to the Customer when MC has received full payment of all amounts due in connection with the order placed by the Customer, including shipping charges

Art. 10 – Warranty and legal compliance

1. In the event that the Customer has entered into the contract as a consumer, i.e. any natural person acting on the Site for purposes unrelated to any entrepreneurial or professional activity carried out, MC shall be liable for “conformity defects” existing at the time of delivery of the goods as listed and in accordance with the provisions of art.129 et seq. of the Consumer Code.
2. MC’s liability is therefore limited only to the “conformity defects” referred to in the aforementioned regulation and does not, on the other hand, concern any supervening defects, e.g., due to improper use by the consumer or third parties, nor any defects proper to production and manufacturing, for which the cases of direct producer liability provided for in other regulations remain unaffected: for example, the direct liability of the producer to consumers is highlighted when the latter has suffered unfair damage due to a production or manufacturing defect (cf. Consumer Code, Part IV “Product Safety and Quality,” Title I “Product Safety,” Art. 102 et seq.).
3. In the event of a lack of conformity, the consumer shall have the right to obtain the restoration of conformity of the Products without charge, or, to the termination of the contract with respect to the disputed goods and the consequent refund of the price, after verification by MC of the actual defect in the Products.
4. If the Customer finds a defect, in order to obtain the protection provided by the warranty, he/she must give notice by sending an e-mail to: [email protected], provide proof of purchase and send any more useful documentation about the conformity defect found.
5. MC will send, in response to the Customer, the relevant Claim Form, which must be filled out correctly in all its parts and re-sent to MC within 5 days of its receipt.
6. The legal warranty is not enforceable if the consumer caused the damage, or if the consumer knew or could have known of the defect at the time of purchase, or if the lack of conformity arises from instructions or materials provided by the consumer.

Art. 11 – Responsibility

1. MC is exonerated from any liability that does not depend on willful misconduct or gross negligence.
2. MC assumes no liability for inefficiencies attributable to the courier, to the fact of a third party, to the fault of the Customer or attributable to force majeure or fortuitous events or any other event that is not under the exclusive control of MC, even where dependent on malfunctions and inefficiencies of the Internet network, in the event that it fails to execute the Order within the timeframe provided by these GTC.
3. MC cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained in the Site, if they have been communicated by third parties and have been verified by MC in accordance with the criteria of ordinary diligence. In particular, the information and content available on the Site is provided “AS IS” (as is) and MC makes no warranties of any kind, either express or implied, as to the integrity, accuracy, timeliness, non-infringement of third party rights, availability, reliability or completeness of the information and content, including without limitation, information about the Products, accessories or services appearing on the Site and/or their suitability for a specific use.
4. MC assumes no liability for any fraudulent and unlawful use that may be made by third parties of credit cards and other means of payment, when paying for the Products purchased, if it proves that it has taken all possible precautions based on the best technology and experience at the time and in accordance with ordinary diligence.
5. Nothing in these GTC excludes or limits MC’s liability to the Customer and/or recipient of the Order for fraud, death or personal injury caused by MC’s negligence, violation of applicable provisions of the Italian Consumer Code, or any other liability that cannot be excluded or limited by law. Any claim made by users of the Site, including all Customers, against MC must be made, under penalty of forfeiture, within 6 (six) months after the occurrence of the event that is the subject of the claim.
6. MC and/or its business partners will not be liable in any way for the misuse and/or disclosure to third parties of Customer’s registration/access information.
7. MC shall have no responsibility for the use that will be made of the Products by the Customer or any third party with respect to injury to persons or damage to property and assets resulting from such use. In no event shall MC be liable for indirect, consequential and/or unforeseeable damages. Without prejudice in this regard, beyond what is mentioned above, in the event MC is held liable for an accident resulting from a malfunction or defect in the Product caused, however, by the Customer during use, it shall be MC’s right to retaliate against the Customer and obtain compensation from him for such liability.
8. In the event of MC’s liability to the Customer, however, compensation for damages shall not exceed the value of the goods covered by the Contract in the performance of which the conduct of the Company that was found to be prejudicial occurred.
9. If the Customer uses the Products for any commercial, business, or resale purpose, MC shall not be liable to the Customer for any loss of profits, loss of business, business interruption, or loss of business opportunity.

Art. 12 – Withdrawal

1. Pursuant to art. 64 et seq. of Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a natural person who buys goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form a reference to VAT), has the right to withdraw from the purchase contract for any reason, without penalty and without prejudice to what is indicated in the preceding art. 10 – Warranty and legal compliance.
2. To exercise this right, the Customer must send a withdrawal request, via e-mail to: [email protected]. MC, upon receipt of said request, will send the relevant Withdrawal Form to the Customer, which must be filled out in its entirety. It will be necessary to indicate, at the Customer’s choice, whether to obtain the refund by bank transfer, indicating the coordinates, or by online voucher to be reused on the site. This Withdrawal Form must be sent by registered letter with return receipt and anticipated by e-mail within 14 days from the date of receipt of the Products to:
   MediaMaking Srl
   Via Mestre n. 19,20132 Milan (MI)
   [email protected]
3. Upon receipt of the registered letter, MC will email the Client confirmation of the acceptance of said request, indicating the authorization number that must be attached to the outside of the wrapping in which the product will be physically placed and sent to MediaMaking S.r.l. within 14 days of sending the Withdrawal Form.
4. The right of withdrawal is subject to the following mandatory conditions:
   the right applies to the purchased product in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g.: accessories, attached software, etc…);
   the right does not apply to audiovisual Products or sealed computer software (including those attached to hardware), once opened;
   the purchased Product must be undamaged and returned in its 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, on which to affix the authorization number issued by MC; should be avoided in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product;
   the Product subject to exercise of the right of withdrawal must be returned in normal state of preservation, as kept and possibly used with the use of normal diligence. Therefore, used Products that show signs of damage or dirt and that consequently can no longer be considered intact will not be accepted;
   the Product subject to the exercise of the right of withdrawal must bear the same order number as on the invoice of sale MC; if the good should bear a different serial number from what is reported on the invoice, the return will not be accepted and the product will be made available to the Customer for its return, at the same time canceling the request for withdrawal;
   shipping costs and transportation risks related to the return of the goods are borne by the Customer;
   the shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the Customer;
   in case of damage to the goods during transport, MC will notify the Customer of the incident (within 5 working days of receipt of the goods in their warehouses), to enable him to file a timely complaint against the carrier of his choice and obtain reimbursement of the value of the property (if insured); in this case, the product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal;

MC is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.

4. MC will refund the customer the amount already paid, from which will be deducted the costs incurred for shipping, insurance, any commissions of online payment portals and any other costs incurred on the specific order. The total amount, net of the aforementioned costs, will be refunded as soon as possible and in any case within 30 days from the date of receipt of the notice of withdrawal, upon receipt of the goods subject to withdrawal, by means of a transfer procedure of the amount by Bank Transfer. It will be, therefore, care of the Customer to promptly provide the bank details on which to obtain the refund (IBAN Code of the invoice holder).
5. The right of withdrawal lapses totally, for lack of the essential condition of integrity of the good (packaging and / or its contents), in cases where MC ascertains:
   the lack of the outer packaging and/or the original inner packaging;
   the absence of integral elements of the product (accessories, cables, manuals, parts, …) or anomalies to the product itself;
   damage to the product due to causes other than its transport;
   a state of dirtiness of the product due to its use, which has compromised its integrity.

The return of Products that are not intact, deteriorated or lacking in original accessories and equipment – which cause the forfeiture of the right of withdrawal – will not be accepted by MC and will be returned to the sender with additional transportation costs.

Without prejudice to the impossibility of exercising the right of withdrawal in the cases provided for by Art. 59 of the Consumer Code (including the case of purchase of sealed software/digital goods that do not lend themselves to be returned in the event that they have been opened after delivery), the Customer is still responsible – even if he refrains from removing the seals of the Product and/or its packaging – for the decrease in the value of the Product and/or its packaging, resulting from a handling of the Product and/or its packaging other than that necessary to establish the nature, characteristics and functioning of the goods.

Article 13 – Data Processing

1. MC acts in accordance with all data protection laws and will only use personally identifiable data as set forth in the Privacy Policy section.
2. Note that the Products, which may include technology and software, are subject to European export law as well as the laws of the country where they are delivered or used. The Customer agrees to comply with these laws. Under these laws, the Product(s) may not be sold, rented, or transferred to restricted countries, to restricted end-users, or for restricted end-uses.

Art. 14 – Cessione

1. Qualora il Cliente non agisca in qualità di consumatore, il contratto concluso ai sensi delle presenti CGV è stipulato personalmente e al Cliente non è consentito cederlo o trasferirlo a qualsiasi altra persona senza il previo consenso scritto da MC.
2. MC ha il diritto di cedere il contratto interamente o parzialmente a qualsiasi altra società o entità per ragioni commerciali a condizione che ciò non sia utile a ridurre i diritti da garanzia e gli altri diritti riconosciuti dalla legge applicabile e dalla medesima in favore dei consumatori.

Art. 15 – Contacts

1. Any requests for information may be sent by e-mail to the following address: [email protected], by telephone to the following number: +39 02.40741153, and by letter: Via Mestre n. 19 – 20122 Milan.

Art. 16 – General Clauses

Art. 16.1 – Partial Disability

These GTC constitute the entirety of the obligations of the parties. No other general or particular terms and conditions communicated by the Customer shall be incorporated into or waived by these GTC. Should one or more provisions of these GTC be declared invalid or ineffective due to a legislative change or as a result of a ruling by a competent judicial authority, the other provisions of these GTC shall remain in full force and effect.

Art. 16.2 – Waiver

The circumstance that one of the Parties does not assert against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver of obtaining performance of the obligation in question for the future.

Art. 16.3 – Applicable law and place of jurisdiction

1. These GTCV shall be governed by and construed in accordance with the laws of Italy, without prejudice to any different prevailing mandatory rules of the country of Customer’s habitual residence. Accordingly, the interpretation, execution and termination of the GTC are subject exclusively to Italian law.
2. Any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian judicial authority. In particular, if the Customer has the status of Consumer, any disputes shall be resolved before the Court of the place of domicile or residence of the same according to the applicable law.

 Martcom – MediaMaking Srl