General terms and conditions of sale

Art. 1 – General provisions

1. By navigating in this area, the Customer accesses Martcom (hereinafter “MC”), the owner brand of MediaMaking Srl, accessible via the url: https://martcom.eu/. Browsing and transmitting a purchase order on the Website implies acceptance of the General Conditions of Sale, as well as the Data Protection Policies adopted by the Site, indicated therein.
2. These General Conditions of Sale (hereinafter “GCS”) 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 modified by Legislative Decree no. 21/14 and Legislative Decree 70/03) by:
   MediaMaking Srl
   Via Mestre, 19 – 20132 Milano
   Partita Iva: 09900750960
   Registered at the REA, number MI – 2120514

3. Before accessing the Products supplied by the Website, the Customer is required to read these GCS which are generally and unequivocally accepted at the time of purchase.
4. The Customer is invited to download and print a copy of the purchase receipt and these GCS, the terms of which MC reserves the right to modify unilaterally and without notice.
5. You can use the Site and, therefore, access the Products provided by MC, as well as proceed with the purchase in the following languages:
   Italian
   English

2 – Subject and field of application

1. These GCS govern the offer, forwarding and acceptance of purchase orders for Products on MC and do not, however, govern the supply of services or the sale of Products by other subjects who are displayed on the same website through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different subjects, the Customer is advised to check their conditions of sale.
3. These GCS apply to all Products and services provided 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 from the latter will not be processed.
4. The Customer declares and guarantees that the purchase of Products on the Website is intended for strictly personal use, with the exclusion of any commercial activity and / or otherwise for different use.

Art. 3 – Conclusion of the contract

1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the GCS, the images of each product and its price, the available payment methods that can be used, the delivery methods of the Products purchased and the related shipping and delivery costs, as well as the conditions for exercising the right to withdrawal and the methods and times for returning the Products purchased.
3. Before concluding the contract, the Customer will be asked to confirm the reading of the GCS, including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when MC receives the form submitted by the Customer, after verifying the correctness of the data contained therein.
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 procedure.
6. Once the contract is concluded, MC takes charge of the order for its fulfillment. MC will take care of providing the Customer with the confirmation, via e-mail, of the order, of the receipt of the payment, as well as of the shipment of the product. MC will inform the Customer via e-mail if it is unable to accept the order. This occurrence could occur if the ordered product is not available, or, if MC has encountered an error relating to the price or description of the product, or if MC is unable to meet the requested deadline for the delivery.
7. All information relating to sales is an integral part of the contract and cannot be changed unless expressly agreed otherwise by MC and the Customer.

Art. 4 – Registered users

1. In completing the registration procedures, the Customer undertakes to follow the instructions on the Website and to provide his / her personal data correctly and truthfully.
2. The confirmation will in any case release MC from any responsibility regarding the data provided by the Customer. The Customer undertakes to promptly inform MC of any variation of his data at any time communicated.
3. If the customer then communicates incorrect or incomplete data or even if there is a dispute by the interested parties regarding the payments made, MC will have the right not to activate – that means to suspend – the service until the relative deficiencies are remedied.
4. For registration on the Website, the Customer must fill in the appropriate form: username, e-mail address and password. The latter acknowledges that these data constitute the only system for validating the Client’s access to the services of the Website and identifying the same. The acts carried out through this access will be attributed to him and will have binding effect on him.
5. The Customer undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.

Art. 5 – Availability of Products

1. The availability of the Products refers to the actual availability when the Customer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence of multiple users on the Website, the Products could be sold to other customers before confirming the order.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the Customer will be immediately informed by e-mail.
3. If the Customer requests the cancellation of the order, by terminating the contract, MC will refund the amount paid within 30 days from the moment MC becomes aware of it.

Art. 6 – Offered Products

1. MC sells: electronic audiovisual and computer equipment
2. The detailed offer is available on MC Website at the following link: https://martcom.eu/shop/
3. The Products descriptions and images on the Website correspond to what is made available by MC. The Products photographs and presentation videos 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 IT tools used by the Customer when connecting to the Website. MC assumes no responsibility for problems caused to the Customer by the use of the Website and the technologies used as they are not dependent on their own will.

Art. 7 – Payment methods and prices

1. The price of the Products will be the one indicated on the Website, except where there is an obvious error.
2. In case of an error, MC will notify the customer as soon as possible, allowing the order confirmation with the correct amount, or cancellation of the order itself. In any case, there will be no obligation for MC to supply what is sold at the lower price incorrectly indicated.
3. The prices of the Website are inclusive of VAT and do not include shipping costs. Prices can change at any time. These 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 cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process; please note that the details of the order can be changed before payment.
5. The Customer relieves MC of any liability arising from the issue of incorrect tax documents due to incorrect data provided by the Customer himself.
6. Payment for the Products can be made through:
   Bank transfer
   PayPal

7. For each order placed on https://martcom.eu/, MC issues an invoice for the shipped material. For the issuance of the invoice, the informations provided by the Customer at the moment of the order will be considered as authentic. No change in the invoice will be possible after its issue.

Art. 8 – Delivery

1. MC makes shipments on weekdays (from Monday to Friday), throughout Italy and in the Member States of the European Union.
2. MC will only deliver to the Customer’s home, provided at the time of purchase.
3. Delivery is made based on the Customer’s choice through the online form: by courier, or at MC’s operational headquarters, with the collection of the order at Via Mestre n. 19 – 20132 Milan (see separate section dedicated to “Shipping”). For courier shipments, the delivery of the purchased Products is carried out within 2-4 working days, 5-6 working days for locations difficult to reach and / or islands. If no delivery date is specified, the delivery will be carried out within the estimated deadline displayed the shipping confirmation e-mail and, in any case, within the maximum term of thirty days from the date of confirmation.
4. Shipping costs are charged to the customer and are explicitly highlighted at the moment of order placement (see the separate section “Shipping”). Shipping costs are calculated considering the Product weight and the delivery address location.
5. In case of impossible delivery, the order will be sent to the warehouse. In this event, a notice will specify the place where the order is located and how to agree on a new delivery.
6. If the Customer is unable to be present at the place of delivery at the agreed time, he must contact MC again to agree on a new delivery date.
7. If the delivery cannot take place for reasons not attributable to MC, 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 the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a different delivery method than the available ordinary method without justified delay and, in any case, within 30 days from the date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be charged to the Customer.
9. Damages due to transport must be attributed to the Customer directly to the courier, since it is agreed that MC is exempt from responding on behalf of third parties.
10. If the customer is not domiciled in Italy or in member countries of the European Union, and wishes to request the sending of products outside the EU, he is invited to make direct contact with the MC employees 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 billing regime based on the specific case.

Art. 9 – Passing of risk

1. The risks relating to the Products will pass to the Customer from the moment of delivery.
2. The ownership of the products covered by the contract is transferred to the customer when MC has received full payment of all amounts due in relation to the order made by the customer, including shipping costs.

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 ” lack of conformity ” 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 ” lack of conformity ” referred to in the cited norm and does not concern, on the other hand, any supervening defects, for example, due to improper use by the consumer or third parties, nor any defects proper to production and manufacturing, for which the hypotheses of direct liability of the producer provided for by other regulations remain unaffected: for example, the direct liability of the producer to consumers is highlighted when the latter has suffered an unfair damage due to a production or manufacturing defect (cf. Consumer Code, Part IV “Product Safety and Quality,” Title I “Product Safety,” Articles 102 et seq.).
3. In case of 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 of the Products.
4. If the Customer finds a defect, in order to obtain the protection provided by the warranty, he must give notice by sending an e-mail to: [email protected], provide proof of purchase and send any more useful documentation about the lack of conformity found.
   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.
5. The legal warranty is not exercisable 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 does not assume any responsibility for disservices attributable to the courier, to a third party event, to Customer’s fault or attributable to force majeure or unforeseeable circumstances or any other event that is not under the exclusive control of MC, even if dependent on malfunctions and disservices of the Internet, in the event that it is unable to execute the Order within the times provided for in these GCS.
3. MC cannot be held responsible for the information, data and any technical or other inaccuracies that could be contained on the Website, if they have been communicated by third parties and have been verified by MC according to the criteria of ordinary diligence. In particular, the information and content available on the Site are provided “AS IS” (in the actual state in which they are located) and MC does not provide any guarantee of any kind, both expressed and implied, in relation to the integrity, accuracy, timeliness, non-violation of third party rights, availability, reliability or completeness of information and content, including without limitation, information on the Products, accessories or services that appear on the Site and / or their suitability for a specific use.
4. MC assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, upon payment of the purchased Products, if it proves to have adopted all possible precautions in based on the best technology and experience of the moment and on the basis of ordinary diligence.
5. othing in these GCS 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 the applicable provisions of the Italian Consumer Code or any other liability that cannot be excluded or limited by law. Any complaint made by Website users, including all Customers, against MC must be submitted, under penalty of forfeiture, within 6 (six) months following the occurrence of the event subject of the complaint.
6. MC and / or its commercial partners will not be in any way responsible for the improper use and / or disclosure of the Customer’s registration / access information to third parties.
7. MC will not have any responsibility for the use that will be made of the Products by the Customer or third parties in relation to the injury of people or damage to things and properties resulting from such use. In no case will MC be responsible for indirect, consequent and / or unforeseeable damages. Without prejudice to this, beyond what has been mentioned above, if MC were held liable for an accident resulting from a malfunction or a defect in the Product, however caused by the Customer during use, MC will be entitled to retaliate against the Customer and obtain compensation for that liability.
8. In the event of MC’s liability towards the Customer, in any case, the compensation for damage cannot exceed the value of the goods covered by the Contract in the execution of which the conduct of the Company which was found to be prejudicial has taken place.
9. If the Customer uses the Products for any commercial, business or resale purpose, MC cannot be held 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 and following of D. Lgs. n. 206/2005, if the Customer is a consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number reference in the order form), is entitled to withdraw from the purchase contract for any reason, without penalty and without prejudice to what is indicated in the previous art. 10 – Warranty and legal compliance.
2. To exercise this right, the customer must send a withdrawal request, via e-mail to: [email protected]. Once MC receives this request, it will send the Customer the relevant Withdrawal Form which must be completed in its entirety. It will be necessary to indicate, at the customer’s choice, whether to obtain a refund by bank transfer, indicating the coordinates, or via an online voucher to be reused on the site. This Withdrawal Form must be sent by registered letter with acknowledgment of receipt and sent by e-mail within 14 days from the date of receipt of the Products to:
   MediaMaking Srl 
   Via Mestre n. 19
   20132 Milano (MI)
   [email protected]
3. Upon receipt of the registered letter, MC will send the Customer confirmation of acceptance of the request by email, indicating the authorization number which must be attached to the outside of the envelope 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 law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g. accessories, attached software, etc.);
   the right does not apply to audiovisual Products or sealed IT software (including those attached to hardware), once opened;
   the purchased Product must be intact 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, whenever possible, to put it in a second box, on which to affix the authorization number issued by MC; the affixing of labels or adhesive tapes directly on the original product packaging must be avoided in all cases;
   the Product subject to the exercise of the right of withdrawal must be returned in a normal state of conservation, as it is intended to be kept and possibly used with the use of normal diligence. Products used that show signs of damage or dirt and which consequently can no longer be considered intact will not be accepted;
   the Product subject to exercise of the right of withdrawal must include the same order number present on the MC sales invoice; should the goods have a serial number different from what is indicated on the invoice, the return will not be accepted and the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
   shipping costs and transport risks relating to the return of the goods are charged to the customer;
   the shipment, up to the certificate of receipt in our warehouse, is under the full responsibility of the Customer;
   in the event of damage to the goods during transport, MC will notify the Customer of the incident (within 5 working days of receiving the goods in its warehouses), to allow him to promptly make a complaint against the chosen courier and obtain a refund of the asset value (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;

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

4. MC will refund the customer the amount already paid, not including costs incurred for shipping, insurance, any commissions of online payment gateways and any other costs incurred on the specific order. The total amount, net of the aforementioned costs, will be refunded in the shortest possible time and in any case within 30 days from the date of receipt of the notice of withdrawal, upon receipt of the goods subject to the withdrawal, through the procedure of transferring the amount by bank transfer. Therefore, the Customer will promptly provide the bank details on which to obtain the refund (IBAN code of the invoice holder).
5. The right of withdrawal is lost for lack of the essential integrity of the property (packaging and / or its contents), in cases where MC finds:
   the lack of the external packaging and / or the original internal packaging;
   the absence of integral elements of the product (accessories, cables, manuals, parts…) or anomalies to the product itself;
   damage to the product for reasons other than its transport;
   a state of dirt 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 – which will not be accepted by MC and will be returned to the sender with an increase in transport 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 if they have been opened after delivery), the Customer is still responsible – even if he abstains from removing the seals of the Product and / or its packaging – the decrease in the value of the Product and / or its packaging, resulting from a manipulation of the Product and / or its packaging other than that necessary to establish the nature, characteristics and the functioning of the goods.

Art. 13 – Data processing

1. MC acts in compliance with all data protection laws and will use the data suitable to identify the Customer personally only as established 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 to 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) cannot be sold, rented, or transferred to restricted countries, to restricted end users, or to restricted end uses.

Art. 14 – Transfer

1. If the Customer does not act as a consumer, the contract concluded pursuant to these GCS is entered into personally and the Customer is not allowed to transfer it or transfer it to any other person without the prior written consent of MC.
2. MC has the right to assign the contract in whole or in part to any other company or entity for commercial reasons provided that this is not useful to reduce the warranty rights and the other rights recognized by applicable law and by the same in favor of consumers.

Art. 15 – Contacts

1. Any request for information can be sent by e-mail to the following address: [email protected], by telephone at the following telephone number: +39 02.40741153, as well as by correspondence: Via Mestre n. 19 – 20122 Milan.

Art. 16 – General clauses

Art.16.1 – Partial invalidity

These GCS constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the Customer can be inserted or excluded from these general conditions. In case that one or more provisions of these GCS are declared invalid or ineffective due to a legislative change or following a ruling by a competent judicial authority, the other provisions of these GCS will remain fully valid and effective.

Art.16.2 – Waiver

The fact that one of the Parties does not assert against the other a violation of any of the obligations contained in these GCS, will not be intended as a waiver to obtain fulfillment of the obligation in question for the future.

Art.16.3 – Applicable law and competent court

1. These GCS are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule in the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the GCS are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to them must be resolved exclusively by the Italian judicial authority. In particular, if the Customer holds the status of Consumer, any disputes must be resolved before the Court of the place of domicile or residence of the same according to the applicable law.

Martcom – MediaMaking Srl