1. GENERAL CONDITIONS OF SALE MARKETPLACE

1.1 SUBJECT

These Marketplace General Terms and Conditions of Sale govern the offer and sale of products made remotely through the Sicilianstories Platform or one of the subdomains linked to it (e.g., sicilianstories.eu) by the stores ("Seller-Adherents") present on the Platform itself.

Sicilianstories, as a mere provider and technical manager of the Platform related to the marketplace, is not a party to the sales contract between the user and the Seller-Adherent. 

The site hosts stores and -commerce of independent third-party retailers, with the purpose of facilitating the meeting between them and potential customers. The operator of the marketplace is neither the manufacturer nor the seller of the goods or services advertised or sold, but only performs the function of facilitating the relationship between sellers and customers.

Seller-adherents within the marketplace operate completely independently. 

Therefore, any information regarding the products sold, as well as, the particular conditions of sale fall under their sole responsibility.

Information on the responsibility and characteristics of the advertised goods and services, their price and delivery times are established by the sellers. Any liability on the part of the owner-operator of the marketplace for non-availability or non-conformity of the products ordered, the quantity of the products requested or any delays in delivery is excluded.

The owner-operator of the marketplace shall not be liable for any damage to property or persons due to manufacturing defects. Each seller offers and offers products for sale on the Platform, based on the terms and conditions it has prepared.

These commercial terms and conditions are offered in order to harmonize the commercial policy applicable to the sale of products on the Marketplace.

Any order placed on the Marketplace necessarily implies unconditional acceptance of these commercial conditions.

1.2 SCOPE AND CONCLUSION OF THE CONTRACT

The contract for the sale of the product consists of the Seller's GTC, supplemented as appropriate by these Marketplace commercial conditions.

Each purchase transaction constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree September 6, 2005, No. 206 ("Consumer Code") and Legislative Decree April 9, 2003, No. 70, containing the regulation of electronic commerce.

In the event of any conflict between what is stated in the Seller's GTC and these Marketplace Terms of Business, the latter shall prevail.

The aforementioned Terms of Sale may be amended at any time. Any changes will be in force from the moment of their publication and will not have retroactive value. Users are therefore encouraged to regularly access the Platform and consult the most up-to-date version of these "Marketplace General Terms and Conditions of Sale" before making any purchases. The applicable General Conditions of Sale, therefore, are those in effect on the date of transmission of the purchase order.

1.3 ACCEPTANCE OF THE MARKETPLACE GENERAL TERMS AND CONDITIONS OF SALE.

The user, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his dealings with the seller these "General Conditions of Sale Marketplace" and the terms of payment, declaring that he has read and accepted all the indications provided to him pursuant to the above rules.  The customer is urged to carefully read, download and print these Terms and Conditions of Business as well as the GTC of the seller concerned by his order and to keep a copy of them. By clicking to confirm the order, the customer declares that he/she has read, understood and accepted the Marketplace Terms of Business without any limitations or conditions.

2. ORDERS

2.1 PRODUCT FEATURES

Product information, conditions of sale and availability of the products are prepared and published by the sellers of the products, under their sole responsibility. For each product for sale on the marketplace, the name, company name and useful data for the identification of the Seller is indicated.

The contract of sale shall be considered concluded upon confirmation of availability of the products. The owner of the marketplace, before listing a new Seller on the platform, verifies its existence, effective operation, quality and reliability. In any case, the owner of the marketplace cannot guarantee the completeness neither of the content of the information provided by the seller nor, in particular the conformity of what is described with the product actually delivered, as well as the legitimacy of the Seller's use of the images or distinctive signs whose publication on the marketplace has been requested by the seller. 

2.2 ORDER CONFIRMATION

Once the products have been selected and identification data entered, an order summary is presented, including information about the products, prices, quantities, shipping costs and delivery time. The customer chooses the method of payment. By clicking on pay order, the customer unreservedly accepts the entire sales contract. The order is considered final upon receipt of the email in which the seller confirms shipment of the order, provided that the customer's debit authorization is concurrently communicated to the marketplace. A final confirmation will then be sent to the customer, including all elements related to the order. It is the responsibility of the seller to send the customer an invoice in accordance with applicable legal requirements or at the customer's request in cases where this is not mandatory. 

3.1 Price

Tutti i prezzi dei prodotti sono liberamente definiti dal singolo venditore, nel rispetto delle leggi e dei regolamenti vigenti. I prezzi pubblicati sulla Piattaforma sono in Euro e si intendono comprensivi di tutte le tasse e le imposte. Non sono comprese le spese di spedizione.

Il venditore-aderente si riserva il diritto di modificare il prezzo dei prodotti in ogni momento. Resta inteso che il prezzo del prodotto che sarà addebitato all’utente sarà quello indicato nel riepilogo dell’ordine, visualizzato dall’utente prima della effettuazione dell’ordine, e che non si terrà conto di eventuali variazioni (in aumento o diminuzione) successive alla trasmissione dell’ordine stesso.

3.2 METHOD OF PAYMENT

For the payment of the products, the customer can choose from the different means of payment accepted by the seller. These are the following payment methods, Pay Pal or bank transfer. In addition, payments made with the following credit cards (VISA, Mastercard or AmericanExpress) and cards issued by major transaction circuits are accepted. The transaction will be charged to the customer's credit card only after: a) the company operating the online transaction service of the credit card circuit provided by the customer has verified the data on the card; b) the charge authorization has been received from the company issuing the credit card used by the customer. In the event that, for whatever reason the debiting of the amounts due from the customer is found to be impossible, the transaction will be cancelled and the sale will be automatically cancelled.

3.3 DELIVERY

The customer may choose delivery from the methods indicated by each seller. In the case of delivery by courier to the customer's home, and unless expressly stated otherwise in the product sheet, the products are by default delivered street level to the home indicated by the customer. The seller notifies the customer of its delivery terms and restrictions within its offer.

Delivery times communicated by the seller to the customer in the offer are understood to be calendar days from final confirmation of the order, unless otherwise specified. Delivery will be made to the address given by the customer when placing the order. The seller will not be held responsible in case of non-delivery of products due to an error in the delivery address communicated by the customer. Sellers will be able to provide a tracking number that will allow them to see the delivery status of the shipment. Delivery costs are indicated in the offer by the seller. Delivery costs are indicated in the offer from the seller and can be consulted in advance before the final confirmation of the order.

4. RIGHT OF WITHDRAWAL

Pursuant to Articles 52 et seq. of the Consumer Code, the user who holds the quality of consumer (understood as a natural person without VAT number) has a period of fourteen days to withdraw from the purchase contract, without having to provide any reason.

This right may not be exercised in relation to the categories of goods and services expressly specified in Article 59 of Legislative Decree No. 21 of February 21, 2014 of the Consumer Code (by way of example but not exhaustive, we mention the types of products marketed on the Site that are most likely to be subject to this exclusion, namely):

  1. supply of custom-made or clearly customized goods; 
  2. supply of goods that are likely to deteriorate or expire rapidly; 
  3. supply of sealed goods that are not suitable to be returned for hygienic or health protection-related reasons and have been opened after delivery, etc.;

In order to exercise the right of withdrawal and in accordance with Article 52 et seq. of the Consumer Code, the customer must communicate his or her decision to withdraw using the form prepared for this purpose. In order for, the withdrawal period to be respected, the customer must send his notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.   

5. LIABILITY

Except where the operator is also the seller, the marketplace operator acts as a mere intermediary between the seller and the customer when the latter orders a product on the marketplace. In this regard, the operator cannot be held liable for any breach of contract attributable to the seller.

Furthermore, it is specified that the seller cannot be held liable for any delay or non-performance when the cause of the delay or non-performance is related to a case of force majeure as defined by case law.

It is further specified that the seller shall be solely responsible for damages, of any nature whatsoever, caused to the customer as a result of ordering products on the Marketplace. 

6. PERSONAL DATA MANAGEMENT

Regarding the processing of personal data carried out on the Marketplace, they are treated exclusively in accordance with our Privacy Policy on the site.

At the time of purchase by accepting this document, regarding the terms and conditions of sale, the customer also accepts the conditions described in the Privacy Policy. 

7. APPLICABLE LAW

These "General Terms and Conditions of Sale Marketplace" are governed by Italian law. Any dispute relating to these "General Conditions of Sale Marketplace" shall be referred to the jurisdiction of the Judge of the place of residence or domicile of the consumer, if located in the territory of the State.

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