Terms & Conditions

Professional Mario is available, also through a telephone service, to provide any type of clarification and/or information regarding the content of the following general sales conditions ("Conditions").

If the customer does not wish to use this service, all the rights and faculties recognized by the law remain unaffected in any case.

In compliance with the provisions of the current legislation, the general terms and conditions of the contract are indicated below (including the conditions for the shipping of items).

 

1. Scope of application

These Conditions are applicable to all orders sent to Professional Mario, regardless of the territory of origin, through the website www.professionalmario.com and govern the contracts constituting an integral part of it.

As a result of placing an order, the customer declares to have read and accepted these Conditions. The present general conditions of sale will prevail over any other general contract condition whose application is invoked in relation to one or more contracts.

 

2. Definitions

"Professional (seller)": shall be read as Professional Mario, who acts in the exercise of his commercial, craft or professional entrepreneurial activity;

"Consumer": shall be read as any natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity performed;

"Company": shall be read as the set of assets organized by the entrepreneur for the company. In order to identify the company it is necessary to indicate the VAT number;

"Good": means the product sold by the professional;

"Customer": shall be read as the consumer or the entrepreneur, depending on the case;

"Sales contract": shall be read as any contract between two parties in which one relinquishes ownership of some asset in exchange for some monetary compensation;

"Distance contract": shall be read as any contract having as object goods or services stipulated between the professional and the consumer as part of a distance sales or service provision system; it is organized by the professional who uses only one or more remote communication techniques until the conclusion of the contract, including the conclusion of the contract;

"Durable support": means any instrument that allows the consumer or the professional to memorize information, personally directed to him, so that it can be easily retrieved during a period of time suitable for the purposes for which the information is intended, and which allows unchanged reproduction of stored information;

"Business Day": shall be read as any day of the week, with the exception of Saturdays, Sundays and public holidays provided for by national law;

"Order": shall be read as pursuant to and for the purposes of articles 1326 and 1329 of the Italian Civil Code, the irrevocable contractual proposal, concerning the articles contained in the customer's cart;

"Guarantee": shall be read as the guarantee provided by law that requires the seller to guarantee that the thing sold is immune from the defects that make it unsuitable for the use for which it is intended or diminish its value appreciably. It includes any commitment of a professional or a producer ("guarantor"), assumed towards the consumer, in addition to the legal obligations regarding the guarantee of conformity, to repay the price paid, replace, repair, or otherwise intervene on the good , if it does not correspond to the characteristics, or to any other requirement not related to conformity, set out in the guarantee declaration or in the related advertising available at the time or before the conclusion of the contract.

 

3. Download and consult the terms and conditions of the contract

3.1. The customer can consult these general sales conditions, together with the text of the contract, on the website www.professionalmario.com. You can also print or save this document, using the normal functionality of the program ("File" and "Save as"). It is also possible to download the document in PDF format and archive it. To view the PDF file you must use the free Adobe Reader program (www.adobe.it) or other equivalent programs compatible with the PDF format;

3.2. The customer can store the data of his order by downloading the general conditions of sale and, with the support of the functions of his browser, saving the data summarized on the last web page that precedes the forwarding of each order or waiting for confirmation of receipt of the order. 'order that Professional Mario will send, following the forwarding of the order, to the e-mail address indicated by the customer. This confirmation e-mail will contain the data of the order sent by the customer and the general sales conditions in PDF format. The data of each order will be saved by Professional Mario on its systems. However, for security reasons, the customer will not have free access to such data.

3.3. Each customer is guaranteed, by username and password, a restricted access in the area of ​​the site called "Customer Area". In this reserved area, by entering his credentials, the customer can consult his concluded contracts, pending orders and those just forwarded, as well as update and save his contact details, any bank details and / or data relating to the subscription of the newsletter service. The customer undertakes to treat his access credentials confidentially and not to make them available to third parties.

 

4. Conclusion of the contract

4.1. By clicking on "Confirm my order", the customer will make an irrevocable contract proposal to Professional Mario;

4.2. Professional Mario reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the customer in any way. In this case the contract is considered concluded with the delivery of the order by the supplier to the customer.

 

5. Price and shipping costs

5.1. Prices shown are public prices including VAT, unless otherwise specified. Each order will also include shipping costs and VAT details, when applicable;

5.2. Professional Mario reserves the right to modify, at any time, the prices of the items sold through the website www.professionalmario.com, it being understood that the price of the items on offer within the site must be considered the one indicated up to the time of the sending the order;

5.3. For orders that require a shipment outside the European Union, the prices will be calculated not including VAT, as it is not applicable but due in the destination country. These orders may be subject to applicable local taxes and fees according to the legislation in force in the country of destination of the goods. These possible additional charges, of whatever nature they are (taxes, customs duties, duties, administrative costs), are considered the customer's responsibility and paid by the customer. Professional Mario declines all responsibility for the calculation and payment of this type of tax, as it is impossible due to the preventive calculation of these charges, which remain the sole responsibility of the customer.

 

6. Payment and delivery

6.1. Unless otherwise agreed, the customer will pay in full the price of the items ordered, together with the forwarding of the order. Professional Mario reserves the right to deliver the purchased items only after receiving payment of their full price. As part of the order submission process, various payment methods, such as, by way of example, payment by credit card (Visa, MasterCard, American Express) may be offered by Professional Mario, at the latter's complete discretion. ), payment via a protected “PayPal” system, prepaid card payment (eg “Postepay”) and advance payment by bank transfer.

6.2. For deliveries, Professional Mario will use a carrier of its choice. The delivery will be carried out by the carriers at road level and the delivery times on the Italian territory, which will never exceed, in any case, the 30 working days, can vary from 24 to 96 hours calculated for working days.

Delivery times for orders to foreign countries will vary according to the country of destination and the choice of courier by the customer at the time of the order. Even in this case they will never exceed 30 working days.

The aforementioned delivery times refer to the products in stock at the time of the order. In case of immediate unavailability of the products it will be communicated via e-mail.

In case of payment by bank transfer, the aforementioned delivery times are calculated from the full balance of the order, ie the customer's payment on the Professional Mario bank account.

6.3. The customer can purchase the products indicated in the electronic catalog prepared on the site and in the quantities existing in the warehouse. If an order exceeds the quantity existing in the warehouse or is available even though it is not due to problems with updating the site, Professional Mario will inform the buyer if this product will be available in the future and the time required for procurement, leaving to customer discretion if he intends:

a) exercise the right of withdrawal, obtaining the total reimbursement of the order;

b) confirm the order with the availability communicated, obtaining a partial refund for the items not available;

c) wait for the availability of the goods and the total evasion of the order.

In all cases of reimbursement, the payment of the same will take place within 14 days from the communication of the will by the customer and through the payment instrument used by the customer himself;

6.4. Professional Mario will not be responsible for failed or delayed delivery if:

a) despite having provided for the regular and timely purchase of the items to cover the order received, it has not been supplied in the terms and manner agreed with the supplier;

b) is unable to make up for the unavailability of these items;

c) promptly notified the customer of this unavailability of the article, informing him of the right of withdrawal (see section 7).

In the event of unavailability of an item, Professional Mario will reimburse the customer for any advance payments of the price according to the procedures set out in point 6.1;

6.5. Professional Mario will not be liable for failed or delayed delivery due to force majeure, such as, for example, strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, floods and damages industrial machinery not dependent on Professional Mario's fault. Furthermore, Professional Mario will promptly notify the customer of the occurrence and absence of a force majeure cause. If the force majeure persists for a period exceeding four weeks, each party will have the right to withdraw from the contract. In case of withdrawal, in accordance with this Section 7, the customer will not be entitled to any compensation or compensation for any reason, except for the right to a refund of what has already been paid as a price;

6.6 In case of purchase made by a consumer, the risk of accidental loss of the item remains with Professional Mario until the delivery of the item to the consumer or to another subject indicated by the latter, regardless of the fact that the shipment of the the same article is insured or not. In case of purchase made by customers who purchase with an invoice using a VAT number, the risk of accidental loss of the item passes to the customer with the delivery of the article by Professional Mario to the first carrier;

6.8. The ownership of the package is understood to be transferred to the customer with the delivery of the package itself. Any dispute regarding the integrity or completeness of the shipment must be challenged to the courier upon delivery. It is advisable to check the integrity of the packages and their correspondence to the waybill before accepting the shipment by courier. Once the shipment has been accepted it is not possible to dispute the integrity of the goods received or any theft. The item purchased by the customer will remain the sole property of Professional Mario until the customer has paid the full price of the item.

6.9. The risk is transferred to the consumer at the time of delivery of the good to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the professional, without prejudice to the consumer's rights towards the carrier.

 

7. Right of withdrawal

7.1. In compliance with the legislation referred to in art. 52, of Legislative Decree 21 February 2014, n. 21, implementing Directive 2011/83 / EU on consumer rights, the following are terms and conditions governing the right of withdrawal in favor of the consumer.

7.2. Customers who purchase with an invoice using a VAT number cannot exercise the right of withdrawal as the purchase of the product is part of the professional activity, and the withdrawal law only applies to consumers.

7.3. Below are the instructions for exercising the right of withdrawal for consumers and the consequences of the withdrawal:

- The consumer has the right to withdraw from the contract; he has a period of fourteen (14) working days to withdraw from the distance contract, without having to provide any reasons and without incurring costs other than those provided for in section 8;

- The withdrawal period referred to in the previous point is valid in the case of sales contracts from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the goods or:

a) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the last good;

b) in the case of delivery of an asset consisting of multiple lots or pieces, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the last lot or piece.

7.4. Exercise of the right of withdrawal

- Before the withdrawal period expires, the consumer informs the professional of his decision to exercise the right of withdrawal from the contract. To this end, the consumer can:

a) use the following withdrawal form

b) submit any other explicit statement of its decision to withdraw from the contract

c) complete the online form

The withdrawal notice must be addressed to:

Professional Mario c / o Bertorotta srl ​​- Via Acquicella Porto 17/23, 95121 Catania

Tel .: 095 281025 Available from Monday to Friday (9.30 am - 5.30 pm)

E-mail: info@professionalmario.com

- The consumer has exercised his right of withdrawal within the withdrawal period referred to in Section 7 paragraph 7.3, if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period;

- The burden of proof relating to the exercise of the right of withdrawal in accordance with this paragraph lies with the consumer.

7.5 Obligations of the professional in the event of withdrawal

- The professional (Professional Mario) reimburses all payments received from the consumer with the exception of delivery costs, without undue delay and in any case within fourteen days from the day on which he is informed of the consumer's decision to withdraw from the contract.

The professional performs the reimbursement using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and provided that he does not incur any costs as a result of the refund. Professional Mario is not required to reimburse the additional costs, if the consumer has expressly chosen a type of delivery different from the less expensive type of delivery offered.

- Unless Professional Mario has offered to withdraw the goods itself, it may withhold the reimbursement until it has received the goods or until the consumer has demonstrated that he has returned the goods.

7.6. Obligations of the consumer in the event of withdrawal

- Unless Professional Mario has offered to withdraw the goods itself, the consumer returns the goods or delivers them to the professional, or to a third party authorized by the professional to receive the goods, without undue delay and in any case within fourteen days from date on which he informed the professional of his decision to withdraw from the contract. The deadline is met if the consumer sends back the goods before the fourteen-day period expires. The consumer only bears the direct cost of returning the goods;

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

- The costs and risks associated with returning the item are entirely borne by the customer.

7.6. Items must be returned:

- in their entirety: it is not possible to withdraw only on part of the product purchased (eg accessories, detachable parts);

- correctly packed in their original packaging, in perfect resale (not damaged, damaged or soiled) and equipped with all its accessories, instructions for use and documentation; to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the placing of labels or adhesive tapes directly on the original product packaging should be avoided;

- with the transport document (present in the original packaging), in order to allow Professional Mario to identify the customer (order number, name, surname and address);

- without obvious signs of use, if not those compatible with the performance of a normal article test. They must not bear traces of prolonged use exceeding the time required for a test and must not be in a state that does not allow resale.

Only under these conditions will the customer be entitled to a full refund of the value of the goods purchased. If these conditions are not met, the reimbursement value will result in a decrease in the value of the goods resulting from a manipulation different from that necessary to establish the nature, characteristics and functioning of the goods.

The items must be returned to: Professional Mario c / o Bertorotta srl ​​- Via Acquicella Porto 17/23, 95121 Catania.

 

8. Guarantee and handling of complaints

8.1. To the purchases made by the customer the rules of Italian law regarding the guarantee apply.

8.2. The customer can contact Professional Mario at any time, according to the methods indicated in these general sales conditions. Professional Mario will examine the requests received as soon as possible and contact the customer. If an information request or a complaint concerns the guarantee of an article, Professional Mario will have to contact the relative manufacturer. For this reason, it may take a longer period of time for the customer to be contacted by Professional Mario. In the event of a complaint, Professional Mario invites the customer to describe, in as much detail as possible, the nature of the problem and possibly to send 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 five working days, Professional Mario invites the customer to request a reply. Professional Mario also recommends verifying that the e-mails sent by it are not redirected or blocked by any 'spam filters' or that they do not reach their destination correctly for other technical problems of the recipient's e-mail program.

8.3. Professional Mario undertakes to remedy any defects in the products attributable to him, occurring within twelve months of delivery of the products, provided that they have been promptly notified:

- any complaints regarding the state of the packaging, the quantity or external characteristics of the products (or other apparent defects), must be notified to Professional Mario in writing, under penalty of forfeiture, within eight days from the date of receipt of the products;

- any complaints relating to defects not detectable by a diligent check upon receipt (hidden defects) must be notified to Professional Mario, under penalty of forfeiture, within fifteen days from the date of discovery of the defect and in any case no later than twelve months from delivery. The complaint must specify precisely the defect found and the products to which it refers;

- in the case of delivery of products that do not comply with the order, the customer must advise Professional Mario within fifteen days from the date of receipt to agree on its return;

The customer cannot make returns of goods for any reason, without prior written authorization from Professional Mario;

- The above warranty does not apply to products that show normal wear, signs of tampering or improper use;

- The costs of transporting the products to be replaced or repaired and the products replaced or repaired are entirely borne by the customer;

- In the presence of the aforementioned requirements, Professional Mario will replace or repair the product found to be faulty free of charge.

8.4. For any service request, Professional Mario invites the customer to contact customer service, which can be contacted as follows:

Professional Mario by Bertorotta srl ​​- Via Acquicella Porto 17/23, 95121 Catania

Tel .: 095 281025 Available from Monday to Friday (9.30 am - 5.30 pm)

E-mail info@professionalmario.com

 

9. Data protection

Professional Mario reserves the right to store the data of each order, as well as the contact details of the customer, for the sole purpose of using them for a correct order execution (also through the transmission to the business partners involved in the payment management, in the execution of the 'order and / or shipment of the item), of any claims regarding the warranty of the item and / or recommendations or instructions to the customer concerning the item. The data will be stored and processed in accordance with the contents of the "Privacy Policy" issued by Professional Mario. Notwithstanding the foregoing, any use of the customer's personal data will be subject to the provisions contained in the aforementioned "Privacy Policy".



10. Applicable law, competent court

The present general sales conditions are written exclusively in Italian.

For any legal dispute arising from the application, interpretation and / or execution of this contract, the Court of Catania is exclusively competent, except for disputes with consumers residing in the Member States of the European Union, for which the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer.

 

11. Change of the general sales conditions

Professional Mario will inform the customer of changes to the provisions of these Conditions. The modified general sales conditions will become an integral part of the new contracts due to the forwarding by the customer of the first order following receipt of the notification of modification.

 

12. Replacement clause

If a present or future provision of the general conditions of sale 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 conditions of sale and / or the contract, the remaining provisions of the general conditions of sale and of the contract will remain valid and effective in any case. It is understood that Professional Mario 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 aim of achieving the same results as those pursued by the invalid or ineffective clause and to safeguard the substance economic nature of the contract.

Pursuant to and for the purposes of the articles 1341 and 1342 of the Italian Civil Code, the customer declares to expressly approve the provisions of the Sections of these general conditions of sale: 4. (Conclusion of the contract), 6. (Payment and delivery), 10. (Applicable law, court competent authority) and 11. (Modification of the general sales conditions).

The present general conditions of sale constitute intellectual property protected by copyright. Its use, even partial, by third parties for commercial purposes is not permitted. Any violations will be prosecuted.

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