In the light of legislative decree 21st February 2014, no. 21 which transposed directive 2011/83 / EU

1.1
These General Terms and Conditions of Sale have as their object the discipline for the purchase of Products, carried out remotely, via computer network, from the Site www.tabaccheriamarini.com (hereinafter, the Site).

1.2
The owner of the site is Tabaccheria Marini on line di Marini Stefano & C. S.a.s. (below Marini), P.Iva 01910970936, registered in the Business Register of Pordenone, Largo san Giovanni n° 27 C.A.P. 33170.

2.1
All purchases of Products made through the Site (hereinafter the Purchase Contracts) by the users accessing it (hereinafter the Customers) are governed by these General Sales Conditions and by the Consumer Code (D.lgs. n. 206/2005), section II Distance contracts (articles 50 – 67) and the rules on electronic commerce (D.lgs. n.70/2003).

2.2
With the conclusion of the Purchase Contracts, according to the procedure, the Customer accepts and undertakes to comply with these General Terms and Conditions of Sale: the Customer is therefore invited to read these General Conditions of Sale carefully before making any purchase transactions and, once the purchase procedure provided for by the Site has been completed, to print them or in any case to preserve them, according to the preferred methods.

2.3
Marini may change the contents of these General Terms of Sale at any time without prior notice.

2.4
The General Terms and Conditions of Sale published on the Website will be applied to the Purchase Agreements at the time the Customer places the purchase order.

3.1
www.tabaccheriamarini.com is a telematic site for the sale of pipes, and more generally articles for smokers (we do NOT sell online Tobacco, Cigars, Cigarettes etc;) and related accessories, gifts and gifts (hereinafter the Products). This site is the showcase of a boutique for adult smokers who are aware that they like to buy objects related to the culture of quality smoking.

3.2

All the Products offered are illustrated in detail on the home page of the Site, within the respective sections, divided by Product categories.

3.3

The visual representation of the Products on the Site corresponds, where available, to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Marini about the exact correspondence of the image depicted on the Site with the real Product; and this, with particular regard to its real dimensions and / or the chromatic aspects of the finishing and the inside of the fireplace of the Products and / or the packages.

In case of difference between the image and the written product sheet, the description of the product sheet always prevails.

4.1
The Customer can purchase the Products detailed in the Website home page www.tabaccheriamarini.com within the respective sections by product category, as described in the relevant information sheets contained in the Site, respecting the technical access procedures illustrated therein.

4.2

The publication of the Products displayed on the Website constitutes a contractual purchase proposal, so that the order sent by the Customer has the value of acceptance of said proposal and involves the complete knowledge and full acceptance of these General Conditions of Sale.

4.3

The Purchase Agreement will therefore be considered concluded pursuant to Article 1326 of the Civil Code over time and in the place where the electronic impulses that convey acceptance will be recorded by the provider’s server Marini.

4.4
Marini will communicate to the Customer the successful reception of the Customer’s acceptance within the information systems by means of an automatic reply sent to the email address communicated by the Customer confirming the conclusion of the Purchase Agreement.

4.5

This confirmation message will indicate an “Order Number”, to be used in any subsequent communication with Marini.

The message will reproduce all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any correction.

Possible increases in costs caused by errors in data not promptly reported, will be the sole responsibility of the Customer.

4.6

Each order can be viewed by the Customer on the Site, in its own personal area, immediately after sending the order and can be canceled until it is sent to the warehouse for preparation.

Occasional non-availability of the Products offered may occur, in which case, if the Products chosen by the Customer are not, in whole or in part available, the order will be sent with the products available after having sent notice to the Customer regarding the products not available.

4.7
Marini reserves the right to cancel orders that do not give sufficient guarantees of solvency or if – even after comparison with the circuit that handles credit card payments – anomalies in the transactions and payment methods used by the Customer result.

4.8
Marini will dispatch the order, compatibly with stock availability, within 2-3 working days from the date of correct receipt of the same.

The aforementioned delivery time is merely indicative and may be subject to postponements, even important ones, depending on the organization and stock availability ofMarini.

The deadline does not also take into account unforeseen circumstances and force majeure such as strikes, lockouts, trade union differences, restrictions imposed by working hours, sabotage of any kind, factory occupations, accidents, catastrophes, fires, atmospheric disasters, wars , revolutions, requisitions, damages and causes of any kind that, beyond the control or will ofMarini,
they can interrupt the delivery.

The aforementioned circumstances entitle Marini to an adequate extension and exclude any liability for loss or damage that may arise.

All Product prices are clearly indicated on the Site and delivery costs are shown at the time of the order.

If the ordered Products were to be delivered outside Italy, the Customer may be subject to import duties and taxes, payable once the package reaches the specified destination.

Any additional customs clearance costs will be charged to the Customer.

Marini it has no control over these costs and cannot predict the amount, given that customs policies vary considerably from country to country with the consequence that the customer is invited to contact the local customs office for further information.

6.1 
Marini delivery in all countries indicated on the Site to the postal address specified by the Customer from Monday to Friday, during normal business hours, excluding national holidays.

The delivery will be considered completed when the Product is made available to the Customer at the address specified in the order form.

If the carrier of the transport of the goods is chosen by the Customer and not by Marini the risk of loss or damage to the goods is transferred to the Customer upon delivery to the carrier, without prejudice to the rights of the Consumer customer towards the carrier.

6.2 

No responsibility, for any reason, may be charged by the Customer to Marini in case of delay in the order fulfillment or in the delivery of the Products covered by the Purchase Contracts.

An unjustified delay of more than 30 days from the date of conclusion of the contract legitimizes the consumer customer to invoke the termination of the contract with repetition of the services already performed, but expressly excluded any damage.

6.3

In the event of non-delivery due to the absence of the recipient at the specified address, after 2 delivery attempts by our couriers, the goods will be stored at the courier’s main office for 8 working days, all costs arising will be borne by the courier. ‘buyer. Customers are urged to promptly notify any revocation, cancellation or reconsideration, change of address or absence within 24 hours of purchase.

6.4

Upon delivery of the Products by the courier, the Customer is required to scrupulously check:

a)
that the anti-tampering label is intact and the packaging is not damaged or otherwise altered

b)
that the number of pieces being delivered corresponds to what is indicated in the transport document.

6.5
Any damage to the break-in label, to the packaging and to the Products or the mismatch in the number of pieces or indications must be immediately contested by the Customer, who must contact Marini specifying the order for which these errors occurred, no later than 24 hours of delivery by email ([email protected]) or telephone (+39 392 4568682).

6.6

Cases of force majeure, unavailability of means of transport and unforeseeable or unavoidable events that cause delays in deliveries or make deliveries difficult or impossible will entitle Marini to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement.

In such cases, Marini will provide timely and adequate communication of its determinations to the email address indicated by the Customer and the latter will be entitled to a refund of any price already paid, expressly excluding any further claim , in any capacity, against Marini.

6.7

• Shipment FREE in all ITALY, for orders amount equal to or greater than € 65.00 (with Express Courier GLS or Registered Mail)
• Shipment in all ITALY paid by the customer: starting from € 6,90, for orders with an amout lower than € 65.00 (with Express Courier GLS or Registered Mail)
• Insured shipment * (recommended and not mandatory) paid by the customer: € 10.90 throughout ITALY, for any purchase (with Express Courier GLS or Registered Mail) post)
• Shipment with cash on delivery paid by the customer: € 10.00 (with Express Courier GLS or Registered Mail) (only for orders in Italy)
• Shipment in EUROPE, paid by the customer: starting from € 14.90 (with Express Courier GLS or FedEx)
• Shipment in AMERICA and rest of the WORLD paid by the customer: starting from € 19.90 (with Express Courier GLS or FedEx)

* Transport insurance (always recommended) covers visible and non-visible damage, partial or total lack of content and loss or theft of the package.

6.8

• Delivery in 24/48h, from order fulfillment throughout Italy (Islands excluded).
• Delivery in 48/72h, from order fulfillment to the Islands.
•  

Below are the payment methods accepted on the Marini website:

Credit card

This store uses Stripe for online credit card payments. The Stripe platform provides a software infrastructure that allows individuals and companies to send and receive payments via credit card via the internet. Stripe currently supports the most popular payment methods in the US, Europe, and Asia. Stripe is a tracked, secure and guaranteed payment.
Stripe accepts the following payment methods:
• Visa (credit and debit cards)
• MasterCard (credit and debit cards)
• American Express.

PayPal (a PayPal account is required)

Marini also relies on Paypal's experience for purchase payments, guaranteed by the customer protection circuit, the transaction takes place through a secure and guaranteed server,
During the payment phase you will be temporarily transferred to the Paypal site to fill in the data necessary to complete the purchase in complete safety
In cases of purchasing goods with PayPal payment methods, upon conclusion of the online transaction, PayPal will immediately debit the amount relating to the purchase made.
In the event of cancellation of the order, either by the Customer or in the case of non-acceptance of the same by us, at the same time as the cancellation, the amount relating to the canceled goods will be credited back to the customer's Paypal account. The crediting times on the chosen payment instrument within the Paypal account depend exclusively on PayPal and the banking system. At no time during the purchase procedure are we able to know the information relating to the buyer's credit card or other methods chosen within the PayPal wallet.

Cash on delivery (Cash payment to the courier upon delivery) (only for orders in Italy)

Upon delivery by the courier/transporter, payment of the total amount of your order will be required.
Please prepare accurate cash as the courier may not have change. Bank checks are not accepted for any reason.
This delivery of the order by cash on delivery involves a surcharge of €10.00 (handling costs requested by the courier) which you will find already counted in the final order confirmation.

Bank transfer

In case of payment by advance bank transfer, the amount ordered by the Customer will be kept busy until receipt of proof of the transfer or crediting of the same.
The order will be sent only when the amount due is actually credited to our bank account (generally it takes about 3 working days maximum).

The bank transfer must be issued in favor of:
TABACCHERIA MARINI ON LINE
di Marini Stefano & C sas
BANCA FIDEURAM
Intesa San Paolo private Banking
Iban: IT44O 0329601601000067393966

To speed up the fullfilment of your order, you can send the accountant via email to [email protected]

The consumer customer (ie natural person who buys the goods for purposes not related to his professional activity or without indicating a reference to VAT) is entitled pursuant to art. 64 and s.s. of Legislative Decree 206/2005 (Consumer Code) to withdraw from the purchase contract for any reason and without providing explanations, under the conditions set out below.

8.2
The will to withdraw must be communicated by the Customer to Marini by filling in the withdrawal form by registered letter A.R. which must be received at the operational headquarters of Marini no later than 14 (fourteen) working days from the date of receipt of the goods, or by email, by writing to: [email protected]

8.3

The substantial integrity and completeness of the goods to be returned is an essential condition for exercising the right of withdrawal

8.4
Once the communication of withdrawal has been received Marini will communicate to the consumer customer the instructions on how to return the Products to be carried out, to complete care and expenses of the Customer, within 14 (fourteen) days from the authorization . Following the Request for Return The customer is required to return the products in their original packaging (if they are pipes they must not be smoked), carefully sealed and complete with receipt, certificates, instructions, etc. by mail or courier with tracking to:
Tabaccheria Marini on line di Marini Stefano & C. S.a.s
Largo San Giovanni, 27 - 33170 Pordenone (PN)

8.5
The shipment until arrival of the Products in the warehouse of Marini is under the complete responsibility of the Customer who is obliged to insure the shipment for the value indicated on the invoice against theft and transport damages, taking responsibility for the relative expenses.

Marini reserves the right to charge the Customer for any damage or loss occurred during the deposit, retaining them from the sums to be reimbursed, if the returned Products have not been insured for the value indicated on the invoice.

In the event of damage to the Products during transport Marini will notify the Customer of the incident within 5 (five) working days from receipt of the Products in its warehouse to allow the Customer to promptly file a report against the courier chosen by him and obtain reimbursement of the value of the asset (if insured).

8.6

Once the integrity of the returned Product has been verified, Marini will reimburse the Customer the amount paid, or part of it in the event of partial withdrawal, no later than 14 (fourteen) days from the return of the Product using the same means of payment used by the consumer customer for the initial transaction, unless the latter has expressly agreed otherwise and on condition that he must not incur any additional cost as a result of the reimbursement.

It should be noted that in accordance with current legislation, Marini will reimburse the Customer the amount paid by the latter as the price of the Products, while only the direct and necessary expenses for the return of the Products subject to withdrawal will be charged to the Customer.

Marini will not be required to reimburse the additional costs if the consumer customer has expressly chosen a type of delivery other than the standard offered byMarini

8.7

The consumer customer is solely responsible for the decrease in the value of the goods resulting from their handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal lapses completely due to the lack of the essential condition referred to in article 8.3 in the event that Marini ascertains the absence of integral elements of the Products and / or their damage for reasons other than transportation and attributable to the Customer.

In case of forfeiture Marini will provide to return the Products to the Customer with charge of the additional shipping costs.

You can download the withdrawal form here.

9.1 

The Products offered on the Site comply with the national and EU legislation in force in Italy.

The images and colors of the Products published on the Site may differ from the actual ones due to the local settings of the systems and / or tools used for their display but this does not give the Customer the right to a refund or replacement of the goods, given that it does always the description of the product sheet (see article 3.3).

9.2

The provisions of the law governing the guarantee apply to the Purchase Agreements, including, if applicable, the rules established by the Consumer Code regarding the guarantee against Consumers.

Especially with reference to pipes – but the principle applies to all products supplied – the warranty does not cover damage and defects caused by normal wear and tear, random accidents and / or misuse in the way of smoking and maintaining the pipe and / or from the failure to use recommended accessories (for example balsa)

The warranty also does not apply if the Products have been repaired by persons other than Marini.

9.3 

If the Customer finds defects and defects in the Products, he may contact, under penalty of forfeiture within two months from the discovery, Marini by email ([email protected]) and request the repair or replacement of the Products.

The choice between repair or replacement will remain available to the Customer, except in the case where the chosen remedy is objectively impossible or excessively expensive compared to the other.

9.4. 

In the notification of the complaint, the Customer must describe in detail the nature of the defect or defect found and eventually transmit the order documents in copy or indicate the Order number, the Customer number and any other data useful for the correct identification of the complaint .

If no response is received by the Customer within 5 (five) working days, Marini
from now on, invites the Customer to request a reply.

Marini
it also advises you to verify that the emails sent are not re-addressed or blocked by any ‘spam filters’ or that they do not reach their destination correctly for other technical problems of the recipient’s email program.

9.5
Marini will, as appropriate, carry out, without charge to the Customer, repairs and replacements required within a reasonable period of receipt of the Customer’s request.

In the case of Marini were unable for any reason to give the Customer warranty products (replaced or restored), will propose to the Customer to choose between the return of the entire amount paid or the replacement of the Products with others of equal or superior characteristics.

9.6 

It is expressly understood that the right to the warranty in the terms described above does not work in the event of defects found in Products purchased by Professionals, with respect to which Marini, subject to the mandatory limits of the law, it does not issue any guarantee.

Customer data is processed by Marini in accordance with the provisions of current legislation on the protection of personal data, as specified in the information in the dedicated section, called “Privacy Policy“.

All communications or complaints from the Customer against Marini in relation to the Purchase Agreements, they must be communicated by email to the address: [email protected]

12.1
If a present or future provision of the General Contract Conditions and / or the contract should be or become totally or partially void and / or ineffective or there is a gap in the provisions of the General Contract and / or Contract Conditions, the remaining provisions will in any case remain valid and effective.

12.2
It is understood that Marini
and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and / or ineffective clause with the objective of achieving the same results as the invalid or ineffective clause and safeguarding the economic substance of the contract.

13.1 
The Purchase Agreement concluded between Marini and the Customer is considered concluded in Italy and is therefore governed by Italian law.

13.2

Any disputes relating to the interpretation and execution of the contracts stipulated in accordance with these general conditions will be resolved before the Judicial Authority of the Customer’s place of residence, if a consumer pursuant to Legislative Decree 206/2005; in all other cases the territorial jurisdiction is exclusively that of the Pordenone Forum, expressly excluded any alternative Forum.

Online resolution of consumer disputes

The consumer residing in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve non-judicially any dispute relating to and / or arising from contracts for the sale of goods and services entered into on the net. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract entered into with the Owner. Here you can find the link to the platform: http://ec.europa.eu/consumers/odr/