CONDITIONS OF SALE, DELIVERY AND WITHDRAWAL

1. ACCEPTANCE OF CONDITIONS OF SALE

This document (together with the documents referred to herein) contains the conditions governing the use of this site (www.oniusavenezia.com) and the purchase of the products or services contained therein.

FOREWORD

MARVAL SCENT SRL invites each user to carefully read the present “General Terms and Conditions of Sale, Supply and Withdrawal” of products and services offered by MARVAL SCENT SRL, as well as the information on Cookies and the information on Personal Data Protection before using this web site. We invite the user to read the type of dangers that are present in the product label and that can be found in the “Warnings” section in each product sheet before proceeding to the conclusion of the order. We inform you that the use of this website or the completion of an order through the same, implies the acceptance of these conditions and information. If you do not agree with the conditions or data protection policies, please do not use this website. After completing your purchase, we recommend that you keep a copy (either printed or in digital format). These conditions are provided in Italian.

MARVAL SCENT SRL has its head-office at Via Roma n. 219 – 30038 in Spinea (Ve) Italy, Tax code and VAT no. 04185830272.

The General Conditions of Sale, Supply and Withdrawal govern the distance purchase of products and/or services offered by MARVAL SCENT SRL through its website www.oniusavenezia.com (SITE)

MARVAL SCENT SRL may amend these conditions at any time without prior notice. Such modifications shall take effect on the day they are published on the site www.oniusavenezia.com. For orders received and confirmed by MARVAL SCENT SRL before such publication (or date) the conditions in force at the time of the conclusion of the sales contract shall apply.
The products and services offered by MARVAL SCENT SRL are addressed both to consumers, hereinafter referred to as “Consumers” (natural persons acting for purposes unrelated to their business or professional activity as provided for by Legislative Decree no. 206 of 6 September 2005 “The Consumer Code”), and to other users. For the purposes of these conditions, anyone who indicates in the section aimed at purchasing products or services that they belong to a company by entering their company name and VAT number shall not be considered a Consumer.
The registration procedure on the site and the purchase of products and/or services offered by MARVAL SCENT SRL imply full knowledge of them and their full acceptance.

2. MODE OF PURCHASE

Purchases on the site can be made in ‘guest user’ mode or after registering on the SITE, where the user gives his or her personal details (name, surname, home address, telephone number, etc.). This operation is free of charge and allows him or her to carry out various operations on the site, such as saving and modifying his or her data, as well as checking his or her order history. The credentials provided to access one’s personal account must be kept carefully and must not be passed on to third parties.
The photographic images on the SITE (oniusavenezia.com) are intended to represent the product for sale, without any implicit/explicit guarantee or commitment on the part of MARVAL SCENT SRL, regarding the exact correspondence of the image depicted on the SITE with the real product, herein also intended with regard to its dimensions, chromatic aspects and/or sales packaging.
The online publication of products and/or services offered by MARVAL SCENT SRL is intended to invite users to make a purchase proposal. This proposal (Order) integrates a contractual proposal and constitutes specific acceptance of the “General Conditions of Sale, Supply and Withdrawal” described herein.
Once the order has been formulated by the user, having added products and/or services to the shopping cart and having expressly accepted these General Terms and Conditions of Sale, Supply and Withdrawal, MARVAL SCENT SRL has the right to accept or refuse such orders, without the customer having any rights or claims against the aforementioned company under any circumstances.
Once MARVAL SCENT has received acceptance of the order, a confirmation email will be sent to the email address provided by the customer containing details of the shipment of the goods.
To cancel an order, the customer must promptly contact MARVAL SCENT SRL by phone or email at the contacts provided on the oniusavenezia.com website. This operation is no longer possible once the order has been confirmed by MARVAL SCENT SRL and the email with the shipment details has been sent to the customer.

3. PRICE, SHIPPING AND PRODUCT AVAILABILITY

The prices published on the pages of the site are inclusive of VAT and valid only for purchases made in Italy. These prices do not include any taxes, duties and/or levies applicable in the country of destination of the goods where this is different from Italy and which will therefore be fully borne by the customer.
The prices listed on the website are subject to possible changes and/or modifications by MARVAL SCENT SRL at any time and without prior notice.

To the price of the individual product and/or service must be added the cost of shipping, the amount of which may vary depending on the method of delivery and payment, as well as in relation to the country of destination and/or areas deemed by the courier to be “inconvenient locations”. The total amount shall be indicated to the customer prior to the conclusion of the order.

The delivery times indicated on the site are to be considered purely indicative, for all cases where a delivery date is not indicated, it shall be within thirty (30) days from the date the order is sent. The temporary lack of products may be due to the simultaneous access of several users, or due to delays caused by third party suppliers and therefore beyond the control of MARVAL SCENT SRL.

MARVAL SCENT SRL does not commit itself to, nor does it guarantee full compliance with the order processing and/or delivery terms indicated on the site, nor shall it be held responsible for any delays for the products/services covered by the sales contracts. In any case, together with the order confirmation, the customer will receive an e-mail with the shipping number indicated, through which he/she can contact the courier (by telephone or through its website) to track his/her purchases. The presence of the customer or a person appointed by him/her is always required at the time and place of delivery indicated in order to correctly deliver the ordered products. If neither is available, the courier will leave a notice of an attempted second delivery for the next working day and/or a telephone number so that a different date can be arranged. Once the maximum storage time has elapsed (see conditions of use of Poste Italiane’s Crono Express service) at the appointed carrier’s warehouse, the goods will be returned to MARVAL SCENT SRL’s warehouse. Any second shipment shall be borne by the customer, and must be agreed, or MARVAL SCENT SRL shall reimburse the customer only the price paid for the products.

The customer is obliged to check upon delivery that the packages correspond to what was ordered that the packaging is intact and not tampered with. If this situation occurs, the customer is obliged to reject the shipment and/or accept it by signing the subject to control and describing in as much detail as possible the problem or damage suffered. In these cases, the customer must promptly notify MARVAL SCENT SRL by e-mail, telephone or through the “Contact us” form on the website www.oniusavenezia.com. Should the goods be damaged during shipment, the customer shall immediately contact MARVAL SCENT SRL by email at info@oniusavenezia.com (writing in the subject line of the email: “Damaged goods – order ref. no. –” and describing the damage suffered by the goods and attaching photographs). You must also take photographs or a short video of the product inside the shipping box, as well as of the outer packaging, because proof of the actual damage suffered by the goods during transport will then be required.

In the event of a positive response from MARVAL SCENT SRL, the goods shall be sent back to the customer without charging any additional cost, it shall then be the responsibility of MARVAL SCENT SRL to proceed with the reimbursement of the sums owed by the carrier. The transfer of risk to the customer occurs upon delivery of the products to the carrier by MARVAL SCENT SRL. During the withdrawal period mentioned below, the customer is responsible for the goods as custodian. In the event of damage, destruction and/or tampering of the product during the customer’s custody, the customer shall be held liable.

MARVAL SCENT SRL cannot be held responsible for delivery errors due to inaccuracies and/or incompleteness in the compilation of the purchase proposal by the customer. MARVAL SCENT SRL cannot be held responsible for delays in delivery due to the carrier in charge of transport, nor for any non-delivery at the specific times or dates indicated by the customer.
In cases of force majeure and/or events unforeseeable by MARVAL SCENT SRL, it reserves the right to terminate the sales contract and/or delay the execution of the order and the delivery of the products. In this case, MARVAL SCENT SRL shall communicate its intentions, and then contact the customer by email or telephone. The latter in such cases will be entitled to obtain the refund of the amounts paid, excluding any further claim or compensation, for any reason, against MARVAL SCENT SRL.

4. METHOD OF PAYMENT

Payments in performance of sales contracts may be made by credit card on the NEXI platform or by the Paypal, Apple & Google Pay system, bank transfer.

If the customer decides to pay by credit card and/or Paypal, the amount will be paid upon conclusion of the order process.

Due to the new European PSD2 regulation, during the payment process by credit or debit card, an additional verification step may be required before the debit authorisation.

MARVAL SCENT SRL reserves the right to ask the customer, at any time, to send additional information and/or documents proving the ownership of the credit card used.
Should the customer refuse, MARVAL SCENT SRL reserves the right not to accept the order and to withdraw from the sales contract.

With bank transfer payment method – the customer must scrupulously follow the instructions in the order confirmation email. The bank details and the address to which the transfer will be sent will be further indicated. In this case the payment must be received and accounted within seven working days. Otherwise the order will be automatically cancelled.

5. WITHDRAWAL

Pursuant to articles 64 and following of the Consumer Code, the Consumer has the right to withdraw from the purchase without penalty and without specifying the reason. To this end, he/she shall send notice to MARVAL SCENT SRL by email or – alternatively – by fax or registered letter with return receipt, to be sent within 14 working days from the receipt of the Products and/or Services chosen. The customer must then duly fill in the return form that can be downloaded directly from this link.
The return of the Products subject to withdrawal must be made, at the Consumer’s care and expense, by courier of his choice, to the following address: Marval Scent srl – Via Roma 219 – 30038 – Spinea (VE) – Italy.

In order to validly exercise the right of withdrawal, the Consumer shall comply with the following terms and conditions:

All the Products for which the Consumer has exercised the right of withdrawal must be returned intact and properly packaged, in their original packaging, accompanied by any accessories. In the event that the Product for which the right of withdrawal has been exercised is received by MARVAL SCENT SRL damaged or missing any component/accessory, MARVAL SCENT SRL shall only be obliged to inform the Consumer in order to allow him/her, where possible, to exercise his/her right of recourse against the courier chosen for the return of the products.

MARVAL SCENT SRL shall not be liable in any case for damage, theft, or loss of returned Products, until their return. Any risk shall therefore be borne exclusively by the Consumer.

Once the integrity of the returned Product has been verified, MARVAL SCENT SRL shall refund the Consumer of the full amount paid for the Products and/or Services referred to in the Sales Contract subject to withdrawal, within and no later than 14 days from the receipt of the withdrawal notice by the Customer, without prejudice to MARVAL SCENT SRL’s right to withhold the refund until receipt of the returned products. The refund will be made shortly on the bank details provided by the customer at the time of the return request or directly to the credit card used for the purchase.

If the Consumer violates, in whole or in part, the provisions of these General Terms and Conditions concerning withdrawal, the Sales Agreement shall remain valid and effective and MARVAL SCENT SRL shall return the Products unduly returned to the Consumer, charging the latter for the relevant shipping costs.

MARVAL SCENT SRL has the right to withdraw from each Contract of Sale concluded by the Customer or the Consumer, by giving the same written notice by e-mail and registered letter with return receipt, as well as the right not to accept any Order from users or Customers who have acted irregularly, have not accepted the Products purchased on consignment, are suspected of conduct contrary to the law or are imposed by an order of a judicial authority.

6. GUARANTEE

All products marketed by MARVAL SCENT SRL on its website oniusavenezia.com are covered by a legal guarantee of conformity pursuant to and for the purposes of Article 128 et seq. of Legislative Decree No. 206 of 2005 – Consumer Code.

7. OTHER OBLIGATIONS OF THE PURCHASER

It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure required to activate the procedure for the execution of this contract and further communications; the personal data and e-mail address must be exclusively his own real personal data and not the data of third parties or fictitious data.
It is expressly forbidden to make double registrations corresponding to one person or to enter data of third parties. MARVAL SCENT SRL, reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

The Customer releases MARVAL SCENT SRL from any liability arising from the issuance of erroneous tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for their correct entry.

8. PROTECTION OF PERSONAL DATA

MARVAL SCENT SRL is the owner of the personal data collected at the time of registration on its website, as well as those subsequently communicated at the time of purchase by the customer. It reserves non-ownership for financial data related to payment procedures for which it refers to the banking institutions through which the transactions take place.

The undersigned Company, in its capacity as data controller, hereby informs you that the personal data provided by you, acquired even verbally, directly or through third parties, (personal and fiscal data) are qualified as personal by Legislative Decree 196/2003 – Personal Data Protection Code.

The code in question provides that whoever processes personal data must inform the data subject of what data is being processed and of certain elements qualifying the processing: this must be done fairly, lawfully, and transparently, protecting your confidentiality and your rights.

In compliance with this rule, we provide you with the following information: data are processed in connection with contractual requirements and the consequent fulfilment of legal and contractual obligations arising therefrom as well as to achieve effective business relationship management.

The data shall be processed in written form and/or on magnetic, electronic or telematic support; the provision of such data is compulsory for all that is required by legal and contractual obligations and therefore any refusal to provide such data or to the subsequent processing thereof may make it impossible for the undersigned to implement the contractual relationship; on the other hand, failure to provide all the data that are not related to legal or contractual obligations shall be evaluated on a case-by-case basis by the undersigned and shall determine the consequent decisions based on the importance of the data requested with respect to the management of the business relationship.
Without prejudice to the communications and disclosures made in performance of legal obligations, the data may be disclosed in Italy and/or abroad to factoring companies; credit institutes; debt collection companies; commercial information companies; professionals and consultants; companies operating in the transport sector; data processing companies; also for the purposes of credit protection and better management of our rights relating to the individual commercial relationship.
In addition, all persons in charge of the processing (appointed for the purposes of the law) according to their authorization profile and any persons in charge may have access to them.

The undersigned company will take the utmost care to have the aforementioned third parties guarantee the utmost confidentiality, and to have the data processed only for strictly necessary purposes.

The data will be processed for the entire duration of the contractual relationship established and subsequently for the fulfilment of all legal obligations as well as for future purchases by the registered user. Furthermore, in accordance with Art. 130, paragraph 4 of the Privacy Code (Legislative Decree no. 196/2003), the traditional and electronic mail details you provide may be used to send you communications or advertising material; you may object to this processing at any time by sending an e-mail to the following e-mail address info@oniusavenezia.com. Regarding the data itself, your Company may exercise the rights provided for in Article 7 of Legislative Decree No. 196/2003 within the limits and under the conditions laid down in Articles 8, 9 and 10 of the aforementioned legislative decree. For all information on the processing of personal data, please refer to the “Privacy Policy” section of the website www.oniusavenezia.com.

9. INTELLECTUAL PROPERTY RIGHTS

The customer and the user acknowledge that all trademarks, designs, models, distinctive signs, intellectual works, software and databases, texts and images, if not appropriately cited, or any other intellectual and industrial property right accessible and reproduced on the website www.oniusavenezia.com in any way and/or form are the exclusive property of MARVAL SCENT SRL, i.e. the aforementioned company is the legitimate licensee. Any use and/or reproduction of these elements in whole or in part, unless expressly authorised by MARVAL SCENT SRL and/or its licensors, is prohibited.

10. JURISDICTION AND MEDIATION PROCEDURES.

These conditions of sale, supply and withdrawal are subject to Italian jurisdiction. Any dispute arising out of or in connection with such sales shall be the exclusive jurisdiction of the Court of Venice.
For the settlement of disputes arising from the exact application of the contracts governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code, the User may have recourse to the mediation procedures under Legislative Decree No. 28/2010.

11. SPECIFIC APPROVAL CLAUSES PURSUANT TO ARTICLES 1341 AND 1342 OF THE CIVIL CODE.

The User specifically agrees to the following clauses:

3. Price, shipping, and availability of the product, 10. Jurisdiction and competent court.

12. SUGGESTIONS, REPORTS, COMPLAINTS

For any suggestions, complaints, reports, you can write an e-mail to info@oniusavenezia.com or via the ‘Contact Us’ form on the oniusavenezia.com website.

13. CONTACTS

MARVAL SCENT SRL
Via Roma, 219 – 30038 Spinea (VE) – Italy
C.F. and P.I. IT04185830272
Tel. & Fax. +39 0415288410
E-mail: info@oniusavenezia.com

Legal Notes
Disclosure requirements for public disbursements: State aid and de minimis aid received by our company are contained in the National Register of State Aid referred to in Article 52of Law 234/2012, which can be consulted at the following link: https://www.rna.gov.it/RegistroNazionaleTrasparenza/faces/pages/TrasparenzaAiuto.jspx.