General conditions of sale
This e-commerce website (hereinafter called ‘website’) belongs to Ercole Moretti s.n.c., with registered office in Fondamenta Navagero, 42 – 30141- Murano Island – VENICE (Italy), VAT registration no. and tax code IT 00162400279.
These General Conditions of Sale, governing on-line purchasing of products sold by Ercole Moretti s.n.c. and deemed to be an integral part of the transaction, are reserved for website Users declaring that they are of adult age under the Italian Law and intend to resort to such a service (End Customers). These General Conditions of Sale are governed by Legislative Decree dated 6 September 2005 no. 206 (Consumer Code). Ercole Moretti s.n.c. complies with its obligations under Legislative Decree dated 9 April 2003 no. 70 (Execution of Directive 2000/31/EC regarding aspects of information society services on the domestic market, with special reference to e-commerce). The sale of products through this website is intended solely for the Users’ personal use, to the exclusion of any professional purposes. All texts, images and design deriving from the products and from images of the products featured on this website are protected under Law 633/1941 and under Legislative Decree 30/2005. Their (even partial) use is prohibited.
Contract conclusions and acceptance of general conditions of sale
By filling in and submitting the purchase order form according to the following guidelines the Customer shall be deemed to acknowledge and accept these General Conditions of Sale. The Company Ercole Moretti s.n.c. shall send Customer an order confirmation by e-mail within 3 working days from the receipt of the purchase order form following the conclusion of the check-out process: the contract shall be deemed accepted only after this communication has been sent. Non-receipt of this order confirmation within the time limit indicated above shall constitute the order’s cancellation. Customer shall not be entitled to any award of damages or indemnity, nor shall Ercole Moretti s.n.c. be held liable, in contract and in tort, for the even partial non-acceptance of the order. By submitting an order to Ercole Moretti s.n.c., Customer acknowledges and declares that s/he has read all information provided during the purchase procedure, and integrally accepts the General Conditions of Sale regarding delivery, payment, transportation and shipment expenses. Pursuant to art. 13 of Legislative Decree 70/2003, Customer will receive via e-mail the information needed to identify the Vendor (as indicated in the sales contract), and a summary of the purchase order submitted, as specified below. Customer must keep this documentation. Once the on-line purchasing procedure is completed, Customer shall print and keep these “General Conditions of Sale”, to which Customer shall make no changes, having already seen and accepted them as a mandatory step in the purchasing procedure; Customer shall also print and keep the purchased products’ specifications, pursuant to the conditions set forth in art. 52 and 53 of Legislative Decree 206/05. Conditions of sale may be changed at any time by Ercole Moretti s.n.c. (Vendor), holding firm – as far as this contract is concerned – those published in the e-commerce area at the date of the Purchase Order submitted by Customer; as per the Laws in force, the latter will be exclusively liable for the use of this end-user-reserved area, particularly as regards the communication of incorrect or false information, or of third-party data, without express consent of interested parties; or for purchases made for non-personal purposes. The buyer is expressly prohibited from entering false or invented data during the registration procedure provided for processing orders, and is likewise expressly prohibited from making double registrations for a single person, or entering third-party data. In the interest and for the protection of all consumers, Ercole Moretti s.n.c. reserves the right to take legal action against any breach or violation. By submitting an order Customer acknowledges and accepts the processing of their data within the limits set forth by the Data Protection Act and by the Ercole Moretti s.n.c. Privacy Policy. Data collected and registered on this website shall constitute full evidence of transactions concluded between Customer and Ercole Moretti s.n.c. Should any dispute arise between Customer and Ercole Moretti s.n.c. with regard to a transaction carried out on this website, the data registered by Ercole Moretti s.n.c. will constitute full evidence of that transaction and of its content.
Purchasing instructions
Customer may buy products only as featured in the on-line catalogue and described in product information sheets at the time of submitting the order. Users may consult the pages of this website with no obligation. When wishing to enter a purchase order, Users must choose the products they are interested in and add them to their trolley. Each new product entered will be shown in a dedicated window. Users will be able to check the products chosen and to modify their order at any time by clicking on the “trolley” icon; or resume their product selection and purchase; or conclude the selection and complete the order check-out procedure. To order selected products, Users must click on their trolley. Their order will show up on the screen.
Price
Pursuant to the Laws in force in Italy at the time of delivery, prices for Italy and for EU countries are shown in EURO, inclusive of VAT. For non-EU countries the same prices will apply, net of import duty and/or taxes. Note that prices do not include delivery costs, which are indicated separately.
Orders for non-EU Countries may be subject to import duty and/or taxes, payable once the product reaches the country of destination. For further information regarding customs policies of countries of destination, please contact the local Customs Office. Ercole Moretti s.n.c. is not responsible for customs duties and/or taxes: these are always at the Customer’s expense, and are neither calculated not included in any amounts payable to Ercole Moretti s.n.c. by the Customer. Ercole Moretti s.n.c. reserves the right to modify the prices published on this website, at any time, without notice. Products will be sold at the price shown on the website at the time of submitting the order, irrespective of foregoing offers or of subsequent price variations, with the exclusion of any transcription errors. In the presence of an error in an item’s price, Customer will be contacted as soon as possible and granted the choice of confirming the order at the correct price or cancelling. Should Ercole Moretti s.n.c. be unable to contact Customer, the order will be cancelled due to price error.
Delivery timetable
The average time for receiving ordered products is approx. 30 working days from the date of order confirmation. Should Ercole Moretti s.n.c. be unable to deliver ordered goods due to technical-productive non-availability, Ercole Moretti s.n.c. will promptly notify Customer by e-mail. Therefore, Customer shall choose to change the object or to cancel the order within a week after the communication. Any amount already paid by Customer will be refunded as soon as possible, and in any case not later than thirty days after receipt of the purchase order. Time required for deliveries abroad vary, depending on country of destination. Ercole Moretti s.n.c. shall not be held liable for delivery delay or failure caused by force majeure or act of God.
Deliveries
Ercole Moretti s.n.c. products are delivered by (national or international) overnight courier service to the delivery address indicated by Customer. Delivery of the goods requires Customer or other designated person’s presence at the address indicated in the order. Liability for lost and/or damaged products will lie with Customer from the moment the product is handed to the overnight courier (or carrier) for shipment. Ercole Moretti s.n.c. shall not be held responsible for any loss or damage occurring after this moment. In any case the goods will be covered by insurance. Ercole Moretti s.n.c. declines any responsibility in case of loss, theft, partial or total destruction of uninsured or inadequately insured goods. Upon delivery of the goods by the carrier, Customer must check: that the number of parcels delivered corresponds to that indicated on the transport document (DDT); that packaging, including sealing material, is intact, undamaged, dry, and has not been tampered with in any way. Any anomalies detected must be reported immediately, and the wording “subject to inspection” must be entered in writing in the Goods Received Note handed over by the courier. Once the courier’s document is signed, Customer will no longer be entitled to raise any objections regarding external characteristics of delivered goods. Customer must keep this receipt and contact our Customer Service in case of need. Any complaints must be submitted to Ercole Moretti s.n.c. Customer Service either by telephone: tel. no. +39 041 739083 or by e-mail: info@ercolemoretti.it .