# Terms and Conditions

- **Language:** EN

**1 - INTRODUCTION**

**1.1** In this context, "Marcom S.r.l." refers to the company with registered office in Via della Metallurgia, 11 - 37139 Verona (VR), and "Client" refers to the customer, private individual or company, who places an order using the various methods provided.
**1.2** These general conditions of sale govern the sale of products marketed by this e-commerce site. All product purchase contracts on this site will be governed by the following general conditions of sale.

**2 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE**

**2.1** The contract stipulated between Marcom S.r.l. and the Client must be understood as concluded with the acceptance, even if only partial, of the order by Marcom S.r.l., which reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated to the Client by any means. By placing an order using the various methods provided, the Client declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions transcribed below.
**2.2** If the Client is a final consumer (i.e., a natural person who purchases goods for purposes not related to their professional activity), once the online purchase procedure is completed, they will print or save an electronic copy and, in any case, keep these general conditions of sale, in compliance with the provisions of Articles 3 and 4 of Legislative Decree no. 185/1999 on distance sales.
**2.3** Any right of the Client to compensation for damages or indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, is excluded.

**3 - PURCHASE METHODS**

**3.1** The Client can only purchase products present in the electronic catalog of Marcom S.r.l. at the time of placing the order, as described in the relevant information sheets. The technical information reproduces the data of the distributors of the manufacturing companies of the goods included in the catalog or data from third-party suppliers. Marcom S.r.l., therefore, reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without any prior notice. It is understood that the image accompanying the descriptive sheet of a product may not perfectly represent its characteristics and may differ in color, size, and accessory products shown in the figure. We recommend referring to the data provided by the manufacturer through the manufacturer's code.
**3.2** The correct receipt of the order is confirmed by Marcom S.r.l. through an e-mail response, sent to the e-mail address provided by the Client. This confirmation message will include the Date and Time of receipt of the order and a 'Client Order Number', to be used in all further communications with Marcom S.r.l.. The message reiterates all the data entered by the Client, who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document. The Client can also check the status of their order by accessing their dedicated account area.
**3.3** In case of non-approval of the order, Marcom S.r.l. undertakes to promptly communicate this to the Client.
**3.4** Marcom S.r.l. reserves the right to change prices at any time, without prior notice.
**3.5** Marcom S.r.l. does not guarantee the certainty of assignment of the ordered goods, as the simultaneous access of many user-clients and the simultaneous possibility of "online" orders change the availability of the product.
**3.6** For certain products, subject to price promotions, Marcom S.r.l. reserves the right to accept orders by reducing quantities, subject to communication and acceptance by the Client, failing which the order will be considered canceled.
**3.7** In case of orders for out-of-stock items, unavailable items will be backordered (ordered from the supplier). Waiting times may vary. Should these extend beyond 30 days, Marcom S.r.l. reserves the right to cancel the order and issue a full refund.

**4 - PAYMENT METHODS**

**4.1** CASH ON DELIVERY TO THE COURIER. In case of purchase with Cash on Delivery to the courier, an additional contribution, clearly highlighted at the time of choosing the payment method, is applied to the total amount of the order. Payment must be made to the courier with cash or cashier's check (exact amount, change is not provided).
This solution does not allow shipping the goods to an address different from that of the order holder. In case of failure to collect already shipped goods, delivery, storage, and redelivery costs for the ordered items will be charged.
**4.2** ADVANCE BANK TRANSFER. In case of payment by Advance Bank Transfer, the order placed by the Client is held only upon receipt of the bank transfer confirmation, which must be made no later than 5 days from the order acceptance date. The ordered items will be sent only upon actual crediting to the current account.
The purpose of the bank transfer must include the order ID which is issued in the order confirmation email.
The bank details for transfers will be communicated during the order confirmation phase.
For international bank transfers, bank commissions and charges for payment of the order or invoice will be entirely borne by the originator.
**4.3** CREDIT CARD. Payment by credit card involves redirection to the secure server of the platform used for transaction management (NEXI, etc.). Subsequently, you may be asked to send a photocopy of both sides of the credit card and/or an identity document. This is an anti-fraud measure to protect the Client who chooses to use this form of payment. In the absence of the requested documents, the order will be canceled, the amount reversed, and a report will be made to the BancaSella circuit and the competent authorities.
**4.4** REVERSE CHARGE (resellers and/or VAT numbers only). Pursuant to Article 17, paragraph 6, letter c) of Presidential Decree 633/1972, for Clients who intend to make a purchase with a VAT number (even if they are the end-users of the goods) of products belonging to the appropriate categories, Marcom S.r.l. will issue an invoice without applying VAT, stating "Reverse charge" on the document. For all other categories, the ordinary VAT tax regime applies. Clients wishing to request the application of this regime must send a copy of the company registration certificate updated within the last six months, from which it must emerge that the client's activity is the wholesale distribution or retail resale of IT and electronic equipment, and a "resale declaration for reverse charge."
**4.5** RIBA (resellers and/or VAT numbers only). Payment via Bank Receipt (RIBA) is a widely used collection method in Italy, especially in transactions between companies or between a company and a client with a bank current account. It is a secure and efficient solution for credit management. To access this payment method, an explicit request must be made to Marcom S.r.l., indicating the username used on the site, the company name, and attaching a copy of the company registration certificate updated within the last six months. Marcom S.r.l. reserves the right not to approve the request if the company's economic situation is not adequate.
**4.6** OTHER FORMS. Other forms of payment previously agreed with the client will be highlighted during the order phase with the application of any additional expense contributions.

**5 - DELIVERY OR COLLECTION METHODS**

**5.1** Marcom S.r.l. can accept orders for delivery within Italy and abroad. Only certain locations will be excluded from delivery, leading to the cancellation of the placed order, for reasons beyond Marcom S.r.l.'s control.
**5.2** For every order placed, Marcom S.r.l. issues an invoice or receipt for the shipped material, sending it via e-mail to the order holder at the email address indicated for this purpose, pursuant to Article 14 of Presidential Decree 445/2000. For the issuance of the invoice, the information provided by the Client at the time of the order is binding. No changes to the invoice will be possible after its issuance.
**5.3** Delivery costs are borne by the Client and are clearly stated when placing the order. Payment for the goods by the Client will take place using the method chosen at the time of the order. Nothing more is owed by the Client than the total order highlighted at the end of the purchase procedure.
**5.4** Collection at our office in Verona is possible. This method must be chosen at the time of the order, and collection can only be made upon notification that the goods are ready. In case of failure to collect the ordered products, a penalty may be requested to cover the costs of commercial return to the supplier plus any expenses incurred for the handling of the material.
**5.5** Marcom S.r.l. cannot be held liable for any delay in processing the order or in delivering the ordered items.
**5.6** Unless explicitly indicated by our Customer Service, delivery is understood to be at street level, and the courier is not obliged to contact the customer by phone. Upon delivery of the goods by the courier, the Client is required to check:
- that the number of packages delivered corresponds to what was anticipated via e-mail;
- that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested by adding a WRITTEN CHECK RESERVATION on the courier's delivery receipt. Once the courier's document has been signed, the Client cannot raise any objections regarding the external characteristics of what was delivered.
Any problems concerning the physical integrity, correspondence, or completeness of the received products must be reported within 7 days of delivery, according to the methods provided in this document.

**6 - RIGHT OF WITHDRAWAL**

**6.1** Pursuant to art. 64 and subsequent articles of Legislative Decree no. 206/2005, if the Customer is a consumer (i.e. a physical person who purchases goods for purposes not related to their professional activity, or does not make the purchase by indicating a VAT number in the order form), they have the right to withdraw from the purchase contract for any reason, without any penalty and subject to what is indicated in point 3 below.
**6.2** To exercise this right, the Customer must send a written withdrawal request proving its transmission within 14 calendar days from the date of receipt of the goods to [info@marcomweb.it](mailto:info@marcomweb.it) and in copy to [ordini@marcomweb.it](mailto:ordini@marcomweb.it)
Once the request has been sent, the Customer must wait for the return authorization (RMA). Subsequently, they can print and insert the RMA label containing the authorization code inside the packaging in which the product will be physically placed. The product must be delivered within 14 calendar days from the return authorization.
**6.3** The right of withdrawal is subject to the following imperative conditions:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g., accessories, attached software, etc...);
- the right does not apply to audiovisual products or sealed computer software (including those attached to hardware material)
- the purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...); to limit damage to the original packaging, we recommend, where possible, to insert it in a second box, in which to introduce the authorization form; in all cases, the affixing of labels or adhesive tapes directly on the original packaging of the product must be avoided;
- the item subject to the exercise of the right of withdrawal must bear the same serial number present on the Marcom S.r.l. sales invoice; if the item bears a serial number different from that indicated on the invoice, the return will not be accepted and the product will be made available to the Customer for its return, simultaneously cancelling the withdrawal request;
- shipping costs related to the return of the item are borne by the customer;
- the shipment, until the confirmation of receipt in our warehouse, is under the full responsibility of the customer;
- in case of damage to the item during transport, Marcom S.r.l. will notify the Customer of the incident (within 5 working days from receipt of the item), to allow them to promptly file a complaint against the courier chosen by them and obtain reimbursement of the value of the item (if insured); in this eventuality, the product will be made available to the Customer for its return, simultaneously cancelling the withdrawal request;
- Marcom S.r.l. is not liable in any way for damage or theft/loss of goods returned with uninsured shipments;
- upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and/or the original packaging are damaged, Marcom S.r.l. will deduct a percentage from the due refund as a contribution to the restoration costs or to the depreciation of the product resulting from its use.
**6.4** Without prejudice to any restoration costs for ascertained damage to the original packaging, Marcom S.r.l. will reimburse the customer the full amount already paid, within 14 days of the return of the goods using the payment method chosen during the order.
**6.5** The right of withdrawal lapses completely, due to the lack of the essential condition of integrity of the goods (packaging and/or its content), in cases where Marcom S.r.l. ascertains:
- the non-inclusion of the authorization form issued by Marcom S.r.l. in the shipped package;
- the lack of the outer packaging and/or the original inner packaging;
- the absence of integral elements of the product (accessories, cables, manuals, parts, ...) or anomalies to the product itself;
- damage to the product due to causes other than its transport.
In the event of forfeiture of the right of withdrawal, Marcom S.r.l. will return the purchased item to the sender, charging the sender the shipping costs.

**Product Guarantees**

**7 - GUARANTEES**

**7.1** All products sold by Marcom S.r.l. are covered by the manufacturer's conventional warranty and by a 12-month warranty for companies and 24 months for private customers for defects of conformity, pursuant to Legislative Decree 24/02. To benefit from warranty assistance, the Customer must keep the invoice.
**7.2** The manufacturer's conventional warranty is provided according to the methods illustrated in the documentation present inside the product packaging. If, following an intervention by an Authorized Service Center, the defect is found not to be covered by the manufacturer's conventional warranty, the Customer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as transport costs, if incurred by Marcom S.r.l..
**7.3** The warranty pursuant to Legislative Decree 24/02 applies to products that present a defect of conformity, provided that the product itself is used correctly, in compliance with its intended use and what is specified in the attached technical documentation. In case of a defect of conformity, Marcom S.r.l. will, at no cost to the Customer, restore the conformity of the product by repair/replacement or by reducing the price, up to the termination of the contract. If, following an intervention by an Authorized Service Center, the defect is not found to be a defect of conformity pursuant to Legislative Decree 24/02, the Customer will be charged for any verification and restoration costs requested by the Authorized Assistance, as well as transport costs if incurred by Marcom S.r.l..
**7.4** Replacements in case of DOA (Dead On Arrival: product not working on delivery) occur only if expressly provided by the manufacturer. The times for replacement or eventual repair of the product depend exclusively on the manufacturer's policies.
**7.5** In the event that, for any reason, it is unable to return a product under warranty to its customer (restored or replaced), Marcom S.r.l. may, at its discretion, proceed with the return of the full amount paid or its replacement.
**7.6** No damages can be claimed from Marcom S.r.l. for any delays in carrying out repairs or replacements.
**7.7** In cases where the application of guarantees involves the return of the product, the item must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...); to limit damage to the original packaging, we recommend, where possible, to insert it in a second box; in all cases, the affixing of labels or adhesive tapes directly on the original packaging of the product must be avoided.

**8 - COMPLAINTS**

**8.1** Any complaint must be addressed to Marcom S.r.l.

**9 - APPLICABLE LAW**

**9.1** The sales contract between the Customer and Marcom S.r.l. is understood to be concluded in Italy and governed by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of their municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Verona.

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Source: https://shop2.marcomweb.it/en/pagine/terms-and-conditions

MARCOM S.r.l. — a trusted supplier for industrial automation and building automation.