1. Terms and conditions of sale

1.1 Acceptance of the Terms and Conditions set out herein constitutes a Contract between the Purchaser and (1295murano.com) ODM1295 SRL Unipersonale (also referred to below as the “Seller”), with registered office in Via Bissa 33, Mestre Venezia (Italy), Partita IVA 04596420275,for the sale and purchase of the products listed in the online Catalogue of the www.1295murano.com website, in accordance with the provisions of Part Three, Chapter I, Consumer Code D. Lgs. n. 206/2005, amended by D. Lgs. n. 21/2014 and D. Lgs. n. 7/2003 on electronic commerce.

1.2 In order to receive confirmation of the information displayed, pursuant to Art. 4, paragraph 1, of D. Lgs. n. 185/99, you are required to print or save these pages, as well as the one relating to the Order, on a computer support.

1.3 However, the general conditions of sale do not regulate the supply of services or the sale of products by subjects other than the Seller, who are present on the website www.1295murano.com via links, banners or other hypertext links.

 

2. Order

2.1 You must be of legal age to order.

2.2 To place an order it is necessary to use the “Electronic Cart” (also defined on the site as “CART”), following the instructions that will be indicated during execution. In the order form, displayed immediately before the conclusion of the purchase contract, summary information will be provided on: essential characteristics of the product, price inclusive of applicable taxes and duties and any shipping costs (for many countries there is no charge). The contract is concluded when the Seller receives the order form electronically from the Purchaser, after checking the data relating to the order. In case of displaying an incorrect and/or manifestly negligible price, for any reason whatsoever (computer bug, manual error, technical error…), the order will be cancelled, even in the case of initial validation.

2.3 The prices indicated in the WEB price list are inclusive of 22% VAT, where required. For the products selected for purchase or placed in the “Cart”, the unit price and the total price are indicated, expressed in Euros.

2.4 The offer of 1295 Murano.com Products is aimed at both consumer users and other users. By consumer users (“Consumer/s”) we mean the subjects who purchase the Products presented on the Site for purposes unrelated to the business or professional activity they may carry out in accordance with the provisions of Legislative Decree 6 September 2005 n. 206 (the “Consumer Code”). For the purposes of these General Conditions, a person who, at the time of purchase of a Product or Service, expressly indicates in the mask reserved for entering personal data that he belongs to the category “Companies, institutions, professionals with a VAT number”, is not considered a Consumer, by entering his/her VAT number at the same time. Where express reference is not made to the category of Consumers, the provisions of the General Conditions and the Special Conditions apply without distinction to all users who purchase Products and/or Services through the Site (the “Customers”).

2.5 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, the buyer will be informed that the contract has not been concluded. If the products offered for sale are no longer available or on sale when accessing the website www.1295murano.com or when sending the order, the seller will notify the customer promptly and in any case within thirty days of the unavailability of the product. In the event of the order and payment of the price, the Seller will refund the amount paid by the customer and the contract will be considered terminated.

2.6 By transmitting the order, the Purchaser unconditionally accepts and undertakes to observe these General Terms and Conditions of Sale. Furthermore, by transmitting the order, the Purchaser confirms that he/she is aware of and accepts the General Conditions of Sale and further information contained on the www.1295murano.com website, including the Privacy policy.

2.7 Once the contract is concluded, the Seller will send, by email, a purchase order receipt, containing the General Conditions of Sale.

2.8 The product purchased on the website www.1295murano.com is intended exclusively for the country in which the Purchaser places the order; therefore in the event that the Purchaser enters the product in another country, the Purchaser is responsible for the entry and is required to follow the applicable regulations and restrictions both for export from the country in which you purchased the product and for importation into the country where you intend to bring the product.

2.9 The images and colors of the products offered for sale may not correspond to the real ones due to the internet browser and monitor used. The products purchased on the website www.1295murano.com are all products made of glass according to the techniques acquired by the master glassmakers of Murano. All products are purchased by the Seller from manufacturers and retailers selected for their quality. All the products on sale on the website www.1295murano.com are accompanied by a certificate attesting that they are works made by quality glass masters from Murano or neighboring territories. ODM1295 Srl (1295Murano.com) may modify the General Conditions without notice. These modifications will take effect from the date of their publication on the Website. The General Conditions in force at the time of conclusion of the sales contract will be applied to purchase orders sent to 1295Murano.com before the publication of the aforementioned modifications.

2.10 All shipments to EU countries are exempt from customs duties and/or taxes. All other non-EU countries may be subject to duties which vary according to the country and the type of item imported. It is advisable to contact the customs office of your country to find out the amount. In no case are the costs of any customs duties or taxes applied by individual destination countries taken into account. These costs are always charged to the Purchaser and are to be considered not calculated and excluded from any amount due to ODM1295 Srl (1295murano.com) by the Purchaser.

 

3. Payment

3.1 Payment must be made exclusively in Euro. The following payment methods are available: – paypal – credit card – bank transfer. In no case will costs be charged higher than those actually incurred by the Seller, in relation to the chosen instrument.

3.2 In case of payment by credit card, the financial information will be forwarded, via an encrypted protocol, to the banks, which provide the relative remote electronic payment services, without third parties being able, in any way, to have access to them. Furthermore, this information will never be used by the Seller except to complete the procedures relating to the purchase and to issue the relative refunds in the event of any returns of the products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report the commission of fraud to the police force.

 

4. Delivery

4.1 The Seller will deliver the selected and ordered products, in the manner indicated on the website. Shipping costs, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Purchaser forwards the order and also contained in the order summary web page.

4.2 The express delivery service includes packaging, transport and insurance against any theft, damage or loss that may occur during the journey.

4.3 The Seller guarantees the integrity of the product up until the time of receipt of the Product and/or Products. The Customer must view the product in front of the shipper. In the event that the Customer receives a non-intact product, the Customer is asked to take a photo of the Product, to report it to the shipper and to the Seller. In this case, i.e. in the event of breakage of the product during shipment, the Seller undertakes to replace the product with an equal or similar one in the shortest possible time.

 

5. Warranties, Damages or Indemnities

5.1 Conventionally, 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 damage to persons and/or things deriving from the use or non-use of the products.

5.2 The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the time stipulated in the contract.

5.3 The Seller cannot be held responsible to the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its sub-suppliers.

5.4 Furthermore, the Seller will not be liable for damages, losses and costs suffered by the Purchaser following the non-performance of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid and any ancillary charges incurred.

5.5 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

5.6 Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the Seller.

 

6. Right of Withdrawal

6.1. The sale of products through an internet site www.1295murano.com is subject to Legislative Decree n. 185 of 22/5/1991, relating to the protection of consumers in respect of distance contracts, which provides for the possibility for the purchaser to exercise the Right of Withdrawal.

6.2. The Right of Withdrawal applies to consumers, i.e. to natural persons who act for purposes not related to any professional activity carried out. Therefore, purchases made by resellers and companies are excluded from the right of withdrawal.

6.3. The consumer can, without having to specify the reason, return the purchased Products to the Seller within 15 days of receipt of the goods. The consumer will be reimbursed for the sums paid, with the exception of the costs for the delivery and return of the goods (transport), which remain at his expense. Any customs duties or taxes are non-refundable.

6.4. Procedures for the exercise of the right of withdrawal: Within the prescribed period (15 days) from the date of receipt of the goods, a written and signed notice of the intention to exercise the right of withdrawal must be sent by registered letter with acknowledgement of receipt to the address of ODM 1295 Srl Unipersonale, Via Bissa 33, 30170 Mestre Venezia, and by Email to the address: info@1295murano.com. In this notice, the order number and date must be indicated. Within 72 hours of receipt of the registered letter/email, ODM1295 SRL ( 1295murano.com) shall send an “Authorisation to Return” and the respective “WITHDRAWAL CODE” by e-mail, with which the return of the material can be carried out and which must be indicated on the packaging and on the accompanying document. The delivery of the aforesaid products, by courier, must have the following destination address: ODM1295 Srl, Via Bissa 33, 30170, Venice. The Products must be carefully packaged so as to preserve their original wrappings; the products must not have been used, washed and must be intact (without signs of wear, abrasions, nicks, scratches, deformations, etc.); goods that do not follow the above indications may be rejected. Within 30 working days from the receipt of the products, ODM1295 Srl (1295Murano.com) will credit the customer with the amount indicated in the invoice for the products only, and therefore without additional costs.

6.5 In the event of damage to the goods during the return transport of the returned item, ODM1295 Srl will notify the Purchaser of the incident (within the 5th working day of receipt of the goods in its warehouses), to allow him to promptly file a complaint in the against the courier chosen by him and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the Purchaser for its return, simultaneously canceling the request for withdrawal;
ODM1295 Srl, (1295Murano.com) is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; upon its arrival (in the warehouse), the product will be examined to assess any damage or tampering not caused by transport.

6.6 Whatever the method of payment used, the full or partial refund is activated by the Seller in the shortest possible time.

6.7 The Seller makes the refund using the same means of payment used by the Purchaser for the purchase of the returned products, unless the Purchaser has expressly agreed with the Seller to use a different means of payment and on condition that the Purchaser you will not incur any further costs as a result of the refund.

6.8 In case of receipt of a broken item, the Purchaser must notify it within 2 days from the date of receipt of the product. After this deadline, the return/refund request can no longer be accepted. The product received broken must be returned complete with all its parts, elements and accessories, accompanied by the instructions/warranties/notes/coupons and in the original packaging and packaging. If not, you will not be entitled to a replacement, refund or credit.
These conditions are also valid in the event that an order error or a lack of conformity of the product occurs. The Purchaser is kindly asked to photograph the broken product from at least 4 different angles and send an email with the attached photos to info@1295murano.com specifying in the subject “Breakage – Customer code n. …….. – Order code n. ………”. Indicate the code of the product you intend to return in the text of the email. Within 48 hours you will receive your replacement/refund code for the broken product in your email. Send a registered letter with return receipt within the following 48 hours to the address: ODM1295 Srl, via Bissa 33, 30170 Venice Italy. Return the complete package to the same address as above.
The broken product will be replaced by sending the Purchaser an identical product within a maximum of 30 days of receipt of the package with the returned product. If ODM1295 srl ( 1295Murano.com) no longer has an identical product, the Purchaser will be notified within 5 working days of receipt of the package with the returned product, proposing a credit or refund of the same value of the broken product. Following the Purchaser’s choice, ODM1295 srl (1295Murano.com) will proceed with the credit or reimbursement within 14 working days from receipt of the goods and in any case no later than 30 days from receipt of the communication. All shipping costs for returning the broken product and/or any costs of customs duties or taxes are the full responsibility of the Purchaser.

 

7. Applicable law and jurisdiction

7.1 This contract is governed by Italian law.

7.2 For matters not expressly provided for herein, the provisions of law applicable to the relationships and cases envisaged in this contract apply, and in particular art. 5 of the Rome Convention of 1980.

7.3 Pursuant to art. 60 of Legislative Decree 206/2005, the discipline contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 is expressly referred to here.
– All disputes arising from this contract will be referred to the Chamber of Commerce of Venice (Italy) and resolved according to the Conciliation Rules adopted by the same.
– If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree 206/2005.

7.4 With the stipulation of this sales contract, the parties agree and accept that for the solution of civil and criminal disputes deriving from the conclusion of this Contract, the territorial jurisdiction is exclusively that of the Court of Venice – Italy.

 

8. Archiving of the contract

8.1 Pursuant to art. 12 of Legislative Decree 70/03, the Seller informs the Purchaser that each order sent is stored in digital/paper form on the server at the Seller’s headquarters according to confidentiality and security criteria.

 

9. Warnings

9.1 The products sold on www.1295murano.com are not suitable for children.

 

10. Privacy

10.1 Information on the processing of personal data is available by accessing the section in the footer called ‘Privacy Policy and Cookie Policy’.

 

11. Final Clause

11.1 This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object of this contract.