CONDITION OF SALES
The offer and sale of Products, as well as the provision of Services, on our Ecommerce are governed by these General Terms and Conditions, which, together with the order form, constitute the contract (hereinafter referred to as the “Contract”) that regulates the relationship between MARSC SRL, with registered office at Via Giuseppe la Farina 47, 50132 Florence, Italy, PEC marsc-srls@legalmail.it, email [desk@marsc.it], phone [+39 055 8024 106], VAT No. 06521320488 (hereinafter “Marsc srl”), and the customer (“Customer”).
The Contract may be subject to changes by Marsc Srl, provided that the version of the Contract published on the Ecommerce at the time the order is placed by the Customer shall apply in the relationship with the Customer. The Customer may request any information directly on the Ecommerce in the area https://www.logevy.com/contacts. The available languages for concluding the Contract are: Italian, English.
- Definitions The terms and expressions listed below have the meanings specified below, with the understanding that defined terms in the singular are also defined in the plural, and vice versa: “Reserved Area”: refers to the part of the Ecommerce, exclusively made available to the Customer, through which they can access specific functions provided by Marsc Srl after authenticating with their Account; “Customer”: means any Consumer who purchases one or more Products through the Ecommerce, acting in accordance with the contract; “Consumer”: refers to any natural person acting on the Ecommerce for purposes unrelated to business, industrial, commercial, craft, or professional activities, aged 18 or older; “Ecommerce”: refers to the virtual store accessible via the URL https://www.logevy.com, through which Products can be purchased; “Order Form”: refers to the document containing the details of the Products selected by the Customer, as well as the price and payment method; “Parties”: refers jointly to Marsc srl and the Customers; “Products”: refers to the items offered on the Ecommerce for sale. “Services”: refers to the services offered free of charge by Marsc srl to Customers through the Ecommerce;
- Object of the Contract The Contract governs and regulates the online sale of Products and Services by Marsc srl to the Customer. The essential characteristics of the Products are presented on the Ecommerce in each product’s information page. The images, colors, and textures of the Products offered for sale reproduce as faithfully as possible the actual characteristics of the Products. However, these images may not perfectly reflect reality, including for technical reasons. Consequently, Marsc srl cannot be held responsible for any inadequacies in the images of the Products displayed on the Ecommerce, if such discrepancies are due solely to technical reasons. Marsc srl offers its Products for sale exclusively to its Customers who are Consumers; if you are not a Consumer, we advise you to refrain from purchasing Products through the Ecommerce. Marsc srl offers its Products for sale to both Customers who qualify as Consumers and those who do not; if the Customer does not fall within the definition of a Consumer, we advise the Customer to contact us, following the instructions provided at the following URL: https://www.logevy.com/contacts. In line with its commercial policy, Marsc srl reserves the right not to process orders from individuals other than Consumers or orders that do not comply with its commercial policy, or that appear unusual or fraudulent, at its sole discretion, even without providing any notice to the Customer. In any case, Marsc srl reserves the right not to accept orders that appear unusual in terms of the quantity of Products purchased or the frequency of purchases made. The resale, rental, leasing, or transfer of the Products purchased within the Ecommerce for any commercial and/or professional purposes is expressly prohibited. Without prejudice to mandatory legal regulations, if the Product purchased is intended for markets in countries outside the European Union, it is the Customer’s responsibility to inform Marsc srl in writing of all applicable regulations in the destination country, including technical specifications, product safety regulations, and customs and import laws. The Customer assumes exclusive responsibility for any non-compliance of the Product with these regulations. Marsc srl makes the following Services available free of charge to Customers: • free registration for scheduled Marsc srl events, subject to acceptance of specific contractual terms; • tracking of purchases made by the User and archiving of their purchase history; • the creation and storage of User preferences (the “wish list”); It is understood that if the Customer does not register as provided in Clause 3.1 of the Contract, the Customer will not be able to use the Services offered by Marsc srl and, therefore, the related obligations of the Contract will not apply.
- Conclusion of the Contract • Registration: To proceed with the purchase of Products and/or the use of Services within the Ecommerce, Customers can follow the registration procedure. To register, the Customer must correctly complete and submit the appropriate registration form using the tools provided, accurately providing their information in the required fields. After this procedure, a dedicated Reserved Area will be created for the Customer, where they can view their purchases and modify their credentials. The Reserved Area will be made available by Marsc srl for an indefinite period until otherwise communicated. Marsc srl reserves the right to verify that the email provided is correct by sending an appropriate email to the Customer and requesting that they open and consult the link contained within the email. The Customer may, at any time, delete their Reserved Area by sending an email to sales@logevy.com (or media@marsc.it), providing the requested information. • Login: To proceed with the purchase of Products and/or Services, the Customer can authenticate by entering their credentials in the designated area. • Conclusion of the Contract: Once authenticated, the Customer will proceed with the steps necessary to purchase the Product and/or Services. Before proceeding, the Customer is required to read the Contract, paying particular attention to the clauses governing the right of withdrawal. The Customer is also required to print a paper copy of the Contract and save an additional copy on a durable medium to retain the information addressed personally to them for future reference, ensuring access for a suitable period and allowing for an identical reproduction of the stored information. A copy of the General Terms and Conditions may be sent to the Customer via email, either at the time of registration or afterward. To purchase Products and/or Services on the Ecommerce, the Customer must complete the Order Form electronically and send it to Marsc srl via the web, following the instructions provided. Before submitting the Order Form, the Customer must identify and correct any data entry errors. If the data is incorrect, modifications can be made. In any case, for the Customer’s protection, Marsc srl will send the Customer an email confirmation of the purchase order, containing a summary of the information in the Order Form and a copy of the Contract via email. The Customer is required to verify receipt of this documentation, checking their spam folder if necessary. The Customer is also responsible for checking the final sale price before submitting the Order Form, provided that the price applied to the product will be the one indicated on the site at the time the order is placed by the Customer. If the Customer notices any irregularities, they must promptly inform Marsc srl. The Contract is considered concluded when Marsc srl receives the correctly completed Order Form electronically, submitted by the Customer after verifying the successful payment. By submitting the Order Form, the Customer confirms that they understand and accept the Contract, as well as the additional information contained in the Ecommerce. Once the Contract is concluded, Marsc srl will process the purchase order. • Purchase without registration: The Customer may proceed with the purchase of Products on the Ecommerce without registering. Once on the store, registration or authentication is not required, but the Customer can proceed directly with the purchase process. It is understood that the unregistered Customer will not be able to use the aforementioned free Services and will need to re-enter their details for future purchases when submitting the Order Form. In any case, the Customer will receive all order-related information as described in the Contract.
- Security Only the Customer is authorized to use the registration and access credentials for the Reserved Area. The credentials must not be shared with third parties. The Customer agrees to keep them confidential and ensure that no third party has access to them, taking all appropriate security measures to minimize the risk of unauthorized, prohibited, or non-compliant access to their Reserved Area. The Customer agrees to promptly inform Marsc srl if they suspect improper use or unauthorized access to their Reserved Area. Marsc srl reserves the right to verify the email on file by sending an appropriate email to the Customer, requesting that they open and consult the link contained within it. The Customer guarantees that the personal information provided during the registration process, as well as afterward, is complete and accurate.
- Availability of Orders
For each Product presented in the Marsc srl Ecommerce section, its availability is indicated as follows:
- Available in stock;
- Not available in stock;
- Available upon request;
- Not available for online purchase.
Marsc srl reserves the right not to indicate the availability of the Products on the Ecommerce platform. Orders containing incomplete or incorrect information or involving unavailable Products may not be processed by Marsc srl. The types of Products and/or Services offered and their availability can change at any time without Marsc srl being liable to the Customer for such variations.
Availability information is not binding, but Products indicated as “not available” cannot be ordered. Products listed as “available upon request” mean they are not immediately available but can still be ordered.
If a Product or Service is no longer available or not for sale at the time of order submission, Marsc srl will inform the Customer via email and refund the paid amount within 15 days from the date of the order. If the Products or Services chosen by the Customer cannot be purchased online, the Customer will be redirected to the “sales points” page to locate the nearest retailer for purchasing the Products.
- Product Warranty Requests
All Products sold through the Ecommerce platform are subject to a legal warranty provided directly by Marsc srl, in accordance with applicable law, for a period of two (2) years starting from the delivery date. The warranty must be invoked by the Customer within two months from discovering the defect, by sending a registered letter with return receipt (or an equivalent technology) to Marsc srl at the address provided in the preamble, detailing the defect. The Customer must keep proof of purchase.
Unless proven otherwise, it is presumed that conformity defects that emerge within six (6) months from the Product delivery date were already present at that time, unless incompatible with the nature of the Product or the defect itself. The warranty applies to normal wear and tear, but it does not apply if the Product has been altered, improperly used, or if maintenance rules were not followed.
- Offered Remedies
After notifying a conformity defect, Marsc srl reserves the right to offer the Customer appropriate remedies. The Customer is entitled to a free remedy to restore the conformity of the Product, either by replacement or an appropriate price reduction, or even contract termination, as specified below.
- Repair or Replacement
To restore Product conformity, the Customer may choose between repair or replacement, provided that the chosen remedy is not impossible or, compared to the alternative, does not impose disproportionate costs on Marsc srl. The decision takes into account:
- The value the Product would have without the defect;
- The significance of the defect;
- The possibility of implementing the alternative remedy without significant inconvenience to the Customer.
Marsc srl can refuse to bring the Products into conformity if both repair and replacement are impossible or the costs would be disproportionate considering the above factors.
The Customer must provide Marsc srl with the Product’s batch number and photographs showing the Product to facilitate the repair or replacement process. Marsc srl may request additional information to proceed with the remedy.
- Price Reduction or Contract Termination
The Customer is entitled to a proportional price reduction or contract termination if:
- Marsc srl has not performed the repair or replacement, or refused to render the Products compliant;
- A defect persists despite an attempt to remedy;
- The defect is serious enough to justify an immediate price reduction or contract termination;
- Marsc srl has declared, or it is clear from the circumstances, that conformity restoration will not occur within a reasonable period or without significant inconvenience to the Customer.
If the defect is minor, the right to terminate the Contract does not apply unless the remedy is impossible or excessively costly. Marsc srl bears the burden of proof regarding the minor nature of the defect. Any price reduction is proportional to the diminished value of the Product relative to its value had it been compliant.
- Contract Termination
If the Customer is entitled to terminate the Contract, they must notify Marsc srl by registered letter with return receipt (or equivalent technology) at the address listed in the preamble.
If the Customer terminates the Contract in whole or part or in relation to only some Products:
- The Products must be returned at Marsc srl’s expense;
- Marsc srl will refund the price paid upon receiving the returned Product or, in case of a price reduction, after receiving evidence that the Product has been returned.
- Shipping and Carriers
For warranty purposes, shipping costs are covered by Marsc srl, which has discretion over the choice of carrier and shipping methods. The Customer must follow Marsc srl’s defined shipping conditions.
- Refunds
Any amounts due under the warranty will be refunded by Marsc srl within a reasonable time, in accordance with the Contract, using the same payment method as the original transaction, unless the Customer explicitly requests otherwise.
- Additional Warranties
Any additional commercial warranties provided by manufacturers or third parties are binding only under the terms of the respective commercial warranty declarations and advertisements and are separate from the relationship between Marsc srl and the Customer.
Marsc srl reserves the right to contact the Customer with recommendations for correct Product usage, including considering environmental or weather-related variations, and may send spare parts or other items to enhance Product performance.
- Prices
The prices of the Products and/or Services on the Marsc srl Ecommerce, inclusive of VAT (where applicable), may be subject to updates and are clearly indicated in the product sheet. Any percentage discounts are based on the price of the day prior to the discount. Shipping costs, which are included in the total amount shown in the Order Form, are charged to the Customer as a flat fee, varying based on the overall volume of the shipment. Shipping will be free for all orders. The prices of the Products and/or Services are valid until the completion of the purchase process.
- Payment Methods
The Customer can pay the due amount using:
- Credit card
- PayPal (with a PayPal account)
- Bank transfer
- Google Pay
- Apple Pay
Marsc srl reserves the right to modify or expand, at any time, the payment methods available to the Customer. The valid payment methods will be those listed on the Ecommerce site at the time the Customer submits the order.
12.1 Credit Card
When paying by credit card, after the credit card details have been verified and the charge authorized by the card issuer, the amount due as indicated in the Order Form will be charged to the Customer. The credit card data, such as the card number, expiration date, and CVV code, entered by the Customer to process the order, is protected and sent directly to the payment management bank. The payment is processed on a secure server using SSL encryption to ensure the transaction’s security. By clicking the “Save” box, the Customer agrees to store the credit card number and expiration date for future orders.
12.2 PayPal
When paying through PayPal, the Customer will be redirected to PayPal’s secure website at the time of placing the order. On that site, the Customer can pay using their PayPal account, according to the terms of the PayPal service. No financial information will be communicated to Marsc srl. The charge will be made to the Customer’s PayPal account when the order confirmation is sent.
12.3 Bank Transfer
If paying by bank transfer, the order will only be processed once the entire amount has been credited.
12.4 Apple Pay
Payments are managed by third-party services. This website does not collect payment data (such as credit card numbers) but receives a notification once the payment is completed. The provided information will not be shared with Marsc srl but handled directly by the respective application. Marsc srl will not be responsible for any delays or damages caused during the refund process.
12.5 Google Pay
Payments are managed by third-party services. This website does not collect payment data (such as credit card numbers) but receives a notification once the payment is completed. The provided information will not be shared with Marsc srl but handled directly by the respective application. Marsc srl will not be responsible for any delays or damages caused during the refund process.
In no case may the price of the Products and/or Services vary based on the payment method chosen.
- Shipping and Delivery of Products
Marsc srl is not required to ship the Products until it has received full payment. Once payment has been received, Marsc srl commits to shipping the Products within a period of 10 non-working days. Shipping is limited to the areas served by the corresponding store. Marsc srl ensures the shipment of Products through selected express couriers depending on the Product and destination.
The Customer can check the status of the orders using the “Order Tracking” function provided by the chosen courier. This check can only be made by the Customer after the Products have been shipped.
- Product Integrity Check
Upon delivery of the Product, the Customer is required to verify that the packaging, as well as the Products themselves, are intact, undamaged, and unaltered. The Customer must also check the integrity of the Product labels at the time of delivery.
Any damage to the packaging or Product must be immediately noted by the Customer by accepting the package with a reservation noted on the delivery receipt from the courier. The Customer must also notify Marsc srl within 48 hours of receipt, either by registered mail or an equivalent method. Otherwise, once the courier’s document is signed without any reservations, the package will be considered received without any defects.
Special packaging, if requested, must be approved by Marsc srl, and its cost will be charged to the Customer and declared in the Order Form. If requested after the submission of the Order Form but before shipping, Marsc srl will communicate the cost in writing.
The Customer is required to read the instructions for proper storage of the Products as indicated on the Product labels. In particular, the Customer must store the Products in a cool, dry place, away from heat sources or excessive light exposure. The Customer is aware of the flammability of the Products. The Customer must also check the list of ingredients on the Products, as they may contain potential allergens. The Customer is required to observe any special precautions provided on the labels to ensure the correct use of the Products, particularly avoiding excessive use. The Customer must also note the minimum durability or expiration dates indicated on the Product labels or packaging. It is understood that the Products may lose their original characteristics once the period indicated on the label has passed.
- Delivery Delays
If, for reasons not attributable to Marsc srl, it is not possible to deliver the Products as per the methods and timelines indicated, Marsc srl will inform the Customer, providing new delivery timelines and methods where possible. By concluding the contract, the Customer accepts the possibility of such delays. If the delivery delay exceeds 90 days from the indicated time, the Customer may cancel the contract.
- Right of Withdrawal
The Customer has the right to withdraw from the Contract concluded with Marsc srl without providing any reasons and without incurring any penalties within 14 (fourteen) days, starting from the day the Customer or a third party, other than the courier, takes physical possession of the Product. The date on the courier’s delivery receipt will serve as proof.
The right of withdrawal must be exercised by the Customer by sending a written communication to Marsc srl, either via email or regular mail, expressing the intention to exercise the right of withdrawal and providing the following information:
- The order number corresponding to the Contract from which the Customer intends to withdraw;
- The Product code;
- The number of units ordered;
- A photograph of the Product;
- The order date;
- The delivery date;
- The purchaser’s name;
- The purchaser’s address.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires. This must be followed by a confirmation sent by registered mail with return receipt (A/R) within 48 (forty-eight) hours.
If the Customer exercises the right of withdrawal, they must return the Products to Marsc srl without undue delay and, in any case, within 14 (fourteen) business days from the date of the withdrawal notice. The deadline is considered met if the Customer sends the Products back before the 14 (fourteen) days have elapsed from the withdrawal notice.
The Products should be returned to the following address:
Firenze 1965
Via Sandro Pertini, 54
Località Calcinaia
56012 Calcinaia, Pisa (PI)
It is understood that unsealed Products will be considered ineligible for return due to health and hygiene reasons, including but not limited to Products that have been opened, such as those missing a lid or cap.
If the Customer withdraws from the Contract, all payments made to Marsc srl, including any shipping costs incurred, will be refunded without undue delay and, in any event, no later than 14 (fourteen) days from the day Marsc srl was informed of the decision to withdraw from the Contract.
Refunds will be made using the same payment method as the initial transaction unless the Customer has expressly agreed otherwise with Marsc srl.
Marsc srl may withhold the refund until it has received the Products or until the Customer provides proof of having returned the Products.
The costs related to returning the Products are entirely borne by the Customer. The Product must be returned intact and in its original packaging. If the Customer does not exercise the right of withdrawal in accordance with the methods and terms specified in this article, they will not be entitled to a refund.
If the courier returns the Products to Marsc srl for the reason “unknown address,” Marsc srl will contact the Customer, who may choose to have the order reshipped, if the Product is still available, or be refunded the amount already paid.
In the case where an order contains multiple Products, Marsc srl reserves the right to directly refund the amount paid by the Customer if multiple Products from the same Order Form are returned to Marsc srl with the reason “unknown address.”
If the courier returns the Products to Marsc srl due to an “unknown address,” “unclaimed package,” or “refused package,” Marsc srl does not guarantee the possibility for the Customer to reorder the same Products if they are out of stock, and may proceed with a refund of the order.
In these last three cases, if the delivery failure is due to the Customer’s fault, Marsc srl reserves the right to charge the Customer for return shipping costs.
- Applicable Law and Jurisdiction
The Contract is governed by Italian law.
In the event of a dispute arising from the interpretation or execution of the Contract, or connected directly or indirectly to the Contract, the Consumer Court, that is, the court where the Customer resides or is domiciled, will have jurisdiction, provided that residence or domicile is within Italian territory.
- Complaints
For any complaints, please contact Marsc srl directly at the addresses provided in the preamble.
- Privacy
The Customer is required to review the privacy policy directly on the Ecommerce site in the “Customer Service – Privacy Policy” section [https://www.logevy.com/privacy-policy].
- Contact Information
For any inquiries, Marsc srl can be contacted directly by writing to [sales@logevy.com] or via the Ecommerce contact area at [https://www.logevy.com/contacts].