General Terms and Conditions of Sale

 

Art.1 – General provisions

1. By browsing this area, the user accesses Manuela Zanvettori Murano, accessible through the URL: https://www.manuelazanvettori.com (henceforth “Manuela Zanvettori”). Browsing and transmitting a purchase order entails the acceptance of the Terms and Conditions and the Data Protection Policies adopted by the aforesaid site as detailed herein.
2. These General Terms and Conditions of Sale are applied to product sales exclusively for purchases made on the website, in compliance with the provisions of Part III, Section III, Paragraph I, Consumer Code ((Italian) Legislative Decree no. 206/05 amended by (Italian) Legislative Decree nos. 21/14 and 70/03) by:

Manuela Zanvettori

VAT n.: 03678400270

 

3. These General Terms and Conditions of Sale, which govern the purchase of products (remotely and therefore outside the business premises, and in particular online) from Manuela Zanvettori and form an integral part thereof, are reserved for Users of the site who declare to be of age for the purposes of Italian Law and who intend to use this service (Final Customer/Consumer), and are governed by (Italian) Legislative Decree no. 206 of 6 September 2005 (Consumer Code). Manuela Zanvettori complies with the obligations set out in (Italian) Legislative Decree no. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’)). The sale of the products through the site is intended exclusively for the personal use of the Users, and not for the purposes of their professional activity. All texts, images and designs of the products and product images shown on the site are protected pursuant to Law 633/1941 and (Italian) Legislative Decree 30/2005. No authorisation is granted for their use, even partial.
4. Before accessing the products supplied by the site, the User is required to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.
5. The User should therefore download and print a copy of the purchase form and of these General Terms and Conditions of Sale.
6. The Site and products supplied by it can be accessed and purchased in the following languages:

English

 

Art. 2 – Applicable law and place of jurisdiction

1. These General Terms and Conditions of Sale are governed by Italian and EU law and are interpreted according to the same, without prejudice to any other mandatory regulation prevailing in the country of habitual residence of the Customer. Consequently, the interpretation, enforcement and resolution of the General Terms and Conditions of Sale are subject exclusively to Italian law. The Italian text of the General Terms and Conditions of Sale will be valid in case of dispute.
2. Any related and/or consequent disputes will be resolved exclusively by the Italian judicial authority. The place of jurisdiction for all disputes, none excluded, will be the Court of Venice, in accordance with art. 23 of Regulation (EC) no. 44/2001.

 

Art. 3 – Definitions

1. The term “Online Sales Contract” means the purchase and sale agreement concerning products or services stipulated between the Seller and the Customer as part of a remote electronic selling system organised by the Seller.
2. The term “Customer” means the consumer, the natural person who makes the purchase referred to in the contract, for purposes not related to any commercial or professional activity they perform.
3. The term “Seller” means the subject providing the sales services.
4. The term “User” means the visitor, the natural person who accesses the website www.manuelazanvettori.com and visits one or more pages of the same.

 

Art. 4 – Subject matter

1. These General Terms and Conditions of Sale govern the offer, transmission and acceptance of purchase orders for products on the Manuela Zanvettori website and do not govern, however, the provision of services or the sale of products by subjects other than the Seller that 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, we suggest checking their sales conditions.
3. With this contract, respectively, the Seller sells and the Customer buys, using electronic methods, the products indicated and offered for sale on the website www.manuelazanvettori.com, registered trademark and owned by the Seller.
4. The products previously referred to are illustrated on the website www.manuelazanvettori.com.
5. The contract between the Seller and the Customer is concluded exclusively on the Internet through the Customer’s access to the address www.manuelazanvettori.com where, by following the procedures indicated, the Customer must formalize the proposal for the purchase of goods, and therefore conclude the contract.

 

Art. 5 – Conclusion of the contract

1. The contract is concluded when the Customer sends the order to the Seller.
2. To conclude the purchase contract, the form must be completed in electronic format and transmitted following the relative instructions.
3. The form contains reference to the General Terms and Conditions of Sale, the price of each product, the payment methods that can be used, the delivery methods for the products purchased and the relative shipping and delivery costs.
4. Before concluding the contract, the Customer will be asked to confirm having read the General Terms and Conditions of Sale, including the information on the right of withdrawal and the personal data processing.

 

Art. 6 – Registered users

1. In completing the registration procedures, the User undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
2. Once the registration has been made, the User will receive a confirmation email at the address provided by them. Manuela Zanvettori is exempted from any responsibility regarding the data provided by the User. The User undertakes to promptly inform Manuela Zanvettori of any variation in their data at any time.
3. If the User then communicates incorrect or incomplete data or even if there is a dispute by third parties involved regarding the payments made, Manuela Zanvettori will have the right to not evade or to suspend the order.
4. At the first request to register a profile, the User will be asked to set a username and password. The User acknowledges that these identifiers constitute the system for validating the User’s access to the Services and the only system capable of identifying the User and, therefore, the actions performed through such access will be attributed to the User and will be binding.
5. The User undertakes to maintain the secrecy of their access data and to keep them with due care and diligence and not to transfer said data, even temporarily, to others.
6. To cancel the account the User must send an email to the address info@manuelazanvettori.com having for subject “account cancellation”, and in the text indicate username and email associated to the account. Once the request has been made, the User will receive a confirmation email at the address provided by them asking them to confirm their cancellation by link. Confirmation must be made within 48 hours at the latest. After this period, without confirmation, Manuela Zanvettori will be released from all commitments to the User.

 

Art. 7 – Product availability

1. All product orders are subject to availability. Product availability refers to actual availability at the time the Customer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other customers before the order is confirmed.
2. In the case of unavailability of the ordered product, the order will be automatically adjusted with the elimination of the unavailable product and the Customer will be immediately informed by email.
3. If the Customer requests the cancellation of the order due to unavailability of a selected product, by terminating the contract, Manuela Zanvettori will reimburse the entire amount paid within 30 (thirty) days starting from the moment in which Manuela Zanvettori has become aware of the Customer’s decision to terminate the contract.

 

Art. 8 – Marketed products and Purchase methods

1. Manuela Zanvettori markets:
2. glass, metal, hard stone and crystal jewellery
3. glass beads (Murano beads)
4. glass items

 

2. The offer is detailed on our website at the link: https://www.manuelazanvettori.com/jewels/.

 

3. The image accompanying the product description may not be perfectly representative of its features. All items offered on www.manuelazanvettori.com are handmade products of high production quality. Manuela Zanvettori is the owner of the Murano artistic glass brand.
4. The Customer can only purchase the products in the catalogue in the site at the time the order is sent, as described in the relative technical-information sheets. The Customer is free to consult the various pages of the site for free, with no obligation to purchase. If the Customer wishes to make a purchase order, they must select the various products of interest and add them to the cart.
5. The Customer can view the selected products at any time and change the order by clicking on the “View Cart” button, situated at the top right of each page, then resume the selection and purchase of products or terminate the product selection and complete checkout of the order.
6. To order the selected products, the Customer must click on the cart, select the “Proceed to Checkout” button and complete the relevant form.

 

Art. 9 – Payment methods and prices

1. All sales prices of the products displayed and indicated on the website www.manuelazanvettori.com are expressed in euros or US dollars, and constitute an offer to the public pursuant to art. 1336 (Italian) Civil Code.
2. The prices indicated for each product offered to the public are valid until the date indicated at the time of completion of the purchase.

The site prices include VAT for Italy and European Union countries.

3. The prices of items offered for sale on the site do not include shipping costs, indicated separately on the checkout form. Prices may change during the calendar year.
4. Orders for non-EU countries may be subject to import duties and/or taxes, charged once the product reaches the country of destination. For further information regarding Customs policies in the country of destination, you should contact the relevant local office. Manuela Zanvettori is not responsible for these customs duties and/or taxes and these costs are always borne by the Customer, and must be considered as not calculated and excluded from any amount due to Manuela Zanvettori by the Customer.

For non-EU countries the prices do not include import duties and/or taxes.

5. Once the desired products have been selected, they are added to the cart. It is sufficient to follow the instructions for the purchase, entering or checking the information requested at each step of the process. The order details can be changed before payment.
6. Payment can be made by: PayPal, Credit Card, and Debit Card

The charge for the purchased goods will be made at the time the order is sent.

 

Payment using PayPal:

By choosing the PayPal service as payment method, the Customer will be redirected to a page on the PayPal site where they will enter their email address, password and proceed with payment. In the case of purchase of goods with payment method “credit card via PayPal”, together with the conclusion of the online transaction, the issuing company will authorize only the amount relating to the purchase made. The Customer can make payments either by their PayPal account, by creating a new one, or without creating an account.

The financial data will not be shared with Manuela Zanvettori, but will be managed directly by PayPal.

In case of withdrawal, if the products have not been shipped yet and are still available to the Seller, the amount will be fully refunded through PayPal, less management fees.

In case of withdrawal, if the products have already been shipped, the amount will be returned less shipping and handling costs only upon the products subject of the order that had been processed and then cancelled are returned intact.

Manuela Zanvettori will not be able to know the information relating to the credit card, nor use an archive to register such data. No computer archive of Manuela Zanvettori will keep such data and in no case will Manuela Zanvettori be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for products purchased on the site.

In the event of withdrawal, Manuela Zanvettori will be requested to cancel the authorization obtained and release the amount committed.

Release times depend exclusively on the banking system and the cards used. Once the authorization obtained has been cancelled, in no event shall Manuela Zanvettori be liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the banking system.

Manuela Zanvettori reserves the right, in particular cases, to request additional information from the Customer or to send copies of documents that prove ownership of the card used. If the Customer does not provide such information and/or copies, Manuela Zanvettori reserves the right not to process the order.

 

 

Payment by credit card and debit card:

Credit and debit cards will be subject to verification and authorization by the issuer of the same, but if the issuer does not authorize payment, the Seller will not be responsible for any delay or failure to deliver and the sales contract will not be concluded.

The charge for the purchased goods will be made at the time the order is completed, i.e. at the end of the checkout process. By choosing the Credit Card payment method, the Customer is redirected to the secure website page ecommerce.nexi.it (Nexi Group) to enter their data: the security of the entered data is also certified by the lock icon that appears in the Customer’s browser and the “https” prefix that automatically appears in the address bar. Transactions take place in a “Secure Socket Layer (SSL)” environment that allows encoding the bank data upon transmission in the web. Simultaneously with the conclusion of the online transaction, the issuing company authorizes only the commitment of the amount relative to the purchase made. At no time during the purchase process will Manuela Zanvettori know the information relating to the Customer’s credit card. The information is transmitted only via a secure connection (SSL 128 bit encryption) of the Nexi XPay online payment system supplied by the Nexi group which manages the transaction entirely. Under no circumstances will Manuela Zanvettori learn these data or store them in any way on digital archives. Once the data has been completed on the ecommerce.nexi.it website, the user is redirected to the Manuela Zanvettori website where the result of the transaction is communicated.

In case of withdrawal if the products have not already been shipped and are still available to the Seller, the amount will be fully reimbursed by payment card, less management fees.

In case of withdrawal if the products have already been shipped, the amount will be returned minus shipping and handling costs and only upon return of the products intact subject of the order that had been processed and then cancelled.

The time required before seeing the refund in the customer’s account may vary, and will depend on the card issuing institution.

Manuela Zanvettori will not be able to know the information relating to the credit card, nor can she use an archive to register such data. No computer archive of Manuela Zanvettori will keep such data and in no case will Manuela Zanvettori be held responsible for any fraudulent or improper use of credit cards by third parties, when paying for products purchased on the site.

In the event of withdrawal, Manuela Zanvettori will be requested to cancel the authorization.

Release times will depend exclusively on the banking system and the cards used. Once the authorization obtained has been cancelled, in no event shall Manuela Zanvettori be liable for any damages, direct or indirect, caused by delay in the failure to release the amount committed by the banking system.

Manuela Zanvettori reserves the right, in particular cases, to request additional information from the Customer or to send copies of documents that prove ownership of the card used. If the Customer does not provide such information and/or copies, Manuela Zanvettori reserves the right not to process the order.

 

Art. 10 – Delivery

1. Manuela Zanvettori will deliver to the address provided by the Customer in the possible destinations established by the carrier.
2. Delivery is generally made within 30 (thirty) days; this term may be subject to change depending on the country of destination and the time of production of the items. In the event that this is extended, Manuela Zanvettori will inform the Customer.
3. The shipping costs are charged to the Customer and are explicitly highlighted at the time the order is placed.

 

Art. 11 – Transfer of risk

The risks relating to the products will be borne by the Customer from the time of delivery.

 

Art. 12 – Guarantee and commercial compliance

1. The Seller is responsible for defects relating to the assembly of items offered for sale and the integrity of the materials of the products offered on the site, excluding metal parts and without prejudice to any damage during transport, for which the sole responsible party will be the “United Parcel Service” (UPS) carrier.
2. Pursuant to (Italian) Legislative Decree 206/05, if the Customer has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes unrelated to any business or professional activity they may carry out, this guarantee is valid for the aforesaid defects if the defect occurs within 24 (twenty-four) months from the date the products are delivered; the Customer must lodge a formal complaint regarding the defects discovered within 8 (eight) days from the date on which the defect was discovered; the online return form must be filled in correctly, which can be downloaded and is found on every page of the site.
3. In the case of replacement of the goods, the only costs to be borne by the Customer will be those for the shipment of the products to the Seller in addition to the transaction costs. All products must be returned intact (without signs of wear, abrasions, cuts, scratches, deformations, etc.) complete with all their elements and accessories, under penalty of inadmissibility of the product.
4. Product conformity defects are not considered in the case of any unsubstantial variations in the shape, size, colour, the presence of small bubbles that are inevitable and typical of glass processing and characterize the craftsmanship, and the natural oxidation of the metal parts.

 

Art. 13 – Limitations and Responsibility

1. The Seller shall not be liable for disruptions caused by force majeure if it entails being unable to execute the order within the time stipulated in the contract.
2. The Seller cannot be held responsible to the Customer, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet network that are outside the Seller’s control or that of its sub-suppliers.
3. The Seller shall not be liable for any fraudulent or illegal use that may be made by third parties of credit cards, cheques and other payment methods, for the payment of the purchased products, if the Seller proves to have adopted all the possible precautions based on the best science and experience at the time and based on normal diligence.

 

Art. 14 – Withdrawal

1. Pursuant to (Italian) Legislative Decree 21/2014, if the Customer is a final consumer (i.e. a physical person who buys the goods for purposes not related to their professional activity, or does not make the purchase by indicating reference to a VAT number in the order form to Manuela Zanvettori), they have the right to withdraw from the purchase contract for any reason without needing to provide explanations and without any penalty, except as indicated in the following point, within the term of 14 (fourteen) working days, starting from the day the purchased goods are received.
2. If the Customer decides to exercise the right of withdrawal, they must notify the Seller within 14 (fourteen) working days, starting from the day the purchased goods are received, by sending an email to info@manuelazanvettori.com or a registered letter with return receipt to the address of Manuela Zanvettori – F.ta Daniele Manin 68/A – 30141 Murano – Venice (Italy). The stamp of the post office on the issued receipt will prevail between the Parties.
3. To exercise the right of withdrawal sending the aforesaid communication may validly be replaced by returning the purchased goods, provided this is done within the same terms. The date of delivery to the post office or shipping agent will prevail between the Parties.
4. The Customer cannot exercise this right of withdrawal for purchase contracts for products made to specifications or clearly personalized and in any other case provided for by art. 55 of the Consumer Code.
5. The right of withdrawal is in any case subject to the following conditions:

• The right applies to the product purchased in its entirety.
• The product purchased must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation, etc.).
• The affixing of labels or adhesive tapes directly to the original product packaging should be avoided in all cases.
• The shipping costs for returning the goods are fully at the Customer’s expense.
• The shipment, up to the certified receipt in the Seller’s warehouse, is the full responsibility of the Customer.
• The return shipment must be delivered to the Seller within 14 (fourteen) working days of the withdrawal request.

6. In the event of damage to the goods during the transport of the returned item, Manuela Zanvettori will notify the Customer of the incident (within the 5^th working day of receipt of the goods in its warehouses), to enable the Customer to file a timely complaint against of the carrier chosen and to obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the Customer for its return, while cancelling the withdrawal request.
7. Manuela Zanvettori is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments; on arrival (in the warehouse) the product will be examined to assess any damage or tampering not caused by transport. If the original packaging is damaged, Manuela Zanvettori will deduct a percentage from the refund, in any case not exceeding 10%, as a contribution to the repair costs.
8. The right of withdrawal is fully lost for lack of essential integrity of the goods (packaging and/or its content), in cases where Manuela Zanvettori ascertains:
9. Missing external and/or internal packaging.
10. Missing integral elements of the product (accessories, clasps, parts, etc.).
11. Damage and/or breakage to the product due to various causes and/or prior to its transport.
12. In the event of forfeiture of the right of withdrawal, Manuela Zanvettori will return the purchased goods to the Customer and charge the shipping costs to them.
13. Upon receipt of the communication by which the Customer states the wish to exercise the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.

 

Art. 15 – Refunds

1. In the event the Customer exercises the right of withdrawal, in the manner defined in the previous article, Manuela Zanvettori will promptly return the amount previously charged, with the exception of shipping costs already incurred. The methods for returning the amount will be proposed by the Seller and chosen by the Customer.
2. Without prejudice to any repair costs for damage to the original packaging, and provided that the product is intact, Manuela Zanvettori will reimburse the Customer the full amount already paid, with the exception of shipping and handling fees, within 14 (fourteen) days from receipt of the product in the withdrawn order.

 

Art. 16 – Data processing

1. By using the site, the User authorizes the processing of their personal data. This information is also valid for the purposes of (Italian) Legislative Decree No. 196/2003 (personal data protection law) and subsequent amendments, and for the purposes of articles 13 and 14 of Regulation (EU) no. 2016/679 concerning the protection of individuals with regard to the processing of personal data and the free circulation of such data.
2. The data controller is Manuela Zanvettori.
3. The data processor, appointed by the owner, is Manuela Zanvettori.
4. The data will be processed at Fondamenta Manin, 68/A, Murano (VE) – Italy.
5. Data processing takes place exclusively by electronic means, using IT tools and supports to ensure the security and confidentiality of the data. The information stored is protected from unauthorized access.
6. The data supplied by the Users is processed with regard to purchase orders, payments (which may contain name, address, and contact details), IP address and all other data communicated.
7. The transfer of data and the consent to processing for the purposes referred to in the contract, i.e. to process the order and the relative payment, is necessary for the conclusion as well as for the enforcement of the contract, and consequently refusal to provide such data or consent to its processing means the User will not be able to purchase the products and services offered.
8. The provision of data and consent to processing for the purposes of commercial communications is optional. However, any refusal to provide such data or consent to processing will mean the User is unable to receive such additional services.
9. The User has the right to object, in whole or in part, to processing of their personal data, on grounds relating to his or her particular situation, even if pertinent to the purpose of collection, and to processing personal data concerning them for the purpose of sending advertising material, direct sales or for carrying out market research or commercial communications.
10. The User can also withdraw consent to the processing of their data previously given to Manuela Zanvettori Murano at any time.
11. All the rights envisaged by Regulation (EU) 2016/679 and (Italian) Legislative Decree 196/2003 (and subsequent amendments) may be exercised by the User, by sending an email to: info@manuelazanvettori.com.

 

Art. 17 – Contacts

1. Any request for information can be sent by email to: info@manuelazanvettori.com; by phone to: +39 0415274198; by mail to: Fondamenta Manin, 68/A, 30141 Murano (VE) – Italy.

 

These conditions were drawn up on 12/07/2019.