### Introduction
These general terms and conditions of sale (hereinafter "general terms and conditions of sale" or "GTC") govern the offer and sale of products (hereinafter the "product" or "products") offered by Mobilificio Marchese srl (hereinafter the "Seller"), registered office at Via Ugo Bassi 128, 98123 Messina, Italy, VAT no. 00194590832, through its website www.mobilificiomarchese.com (hereinafter the "site") to users of the site (hereinafter the "customers" or the "customer").
These general terms and conditions of sale are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code", Section II, articles 50-67) and by Legislative Decree no. 70 of 9 April 2003 (hereinafter, the "E-commerce Decree"). All information contained on the site is available in the languages made available on the Site. The customer declares to have read all the above information and general terms and conditions of sale before placing an order. The customer also declares to have the legal capacity to enter into commitments as provided for in these general terms and conditions of sale. The GTC, of which this introduction forms an integral part, shall remain effective until amended by the Seller, and any changes shall take effect from the moment they are published on the website and shall apply to sales made from that moment onward.
### 1. Acceptance of the General Terms and Conditions of Sale
By placing a purchase order, the customer unconditionally accepts and undertakes to observe, in its dealings with Mobilificio Marchese srl, the general and payment terms set out below, declaring to have read and accepted all the information provided. The Customer makes purchases by consulting the descriptive and technical sheets present on the site and is therefore solely responsible for the choice and suitability of the product for its intended purpose.
### 2. Product information
The Products, with their prices and codes, photos and technical descriptions, are present on the Site and constitute a public offer, the terms of which apply exclusively to purchases made on the Site. For each product, the technical sheet will also indicate the Designer who designed it and the company/companies that manufactured it. The estimated delivery time for the product will also be indicated, linked mainly to the technical timing of the companies' artisanal production.
The purchased product may vary from the images published on the product page of the site. For customized products ("Made to Order", see article 7), any colour or finish variations compared to the images on the site, due to screen reproduction factors or to the natural variability of material batches (e.g. leather, wood, marble, fabric), do not constitute a lack of conformity.
For products made to order, the dimensions, configurations, materials, colours and finishes indicated by the Customer at the time of ordering form an integral part of the contract and cannot be modified after the order has been confirmed, except by specific written agreement between the parties.
### 3. Prices
All sale prices of the products published on the Site are expressed in Euro and include VAT. Mobilificio Marchese srl has the right to change the sale price at its sole discretion at any time. Price changes do not affect orders already placed by the customer. The Price shown and highlighted on the Site at the time of sending the order applies to the products. The price thus established at the time of purchase is fixed and final. It does not include delivery costs, which are invoiced separately and will be indicated in the order confirmation. In the event of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the country of destination shall be borne by the Customer. The customer is solely responsible for verifying the possibility of importing the ordered products with respect to the law of the country of delivery. Any customs charges shall also be borne solely by the customer.
### 4. Payment methods
A customer wishing to purchase products must express this intention through a request made directly on the site, in the section dedicated to this purpose, where, by following the procedures indicated there, they will send their purchase order and make payment. Payment of the price is due from the time of the order. In the event that payment is not received, Mobilificio Marchese reserves the right to cancel the order.
The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods: credit card, PayPal, or bank transfer. Credit card transactions are managed through secure payment platforms compliant with PCI-DSS security standards and up-to-date encryption protocols. Once this payment method is selected, the customer will be transferred to the secure payment platform and their card details will be managed directly by the latter. Mobilificio Marchese and its staff never have access to the customer's credit card data.
Mobilificio Marchese also allows payment via PayPal, the world's leading online payment platform and always at the forefront in terms of security. We do not apply any commission on PayPal between eligible countries.
In the case of Bank Transfer, the site will display the page with the relevant bank details. The Customer has 48 hours from the time the order is completed to make the transfer in accordance with the procedures described on the order confirmation page. If the transfer is not made within this period or is not credited to Mobilificio Marchese srl's indicated account within 10 days, the Seller reserves the right to cancel the order. An order placed by bank transfer is considered to have been placed only once the transfer has been received in Mobilificio Marchese srl's current account, and sending a copy of the transfer does not change this timing.
### 5. Order confirmation
The Customer correctly completes the Order Procedure if the Site does not display any error message. For the buyer, the order is concluded at the time of confirmation of purchase on the site, while for the Seller the order becomes effective upon receipt of payment. Mobilificio Marchese srl will respond by sending an order confirmation e-mail (hereinafter the "Order Confirmation") to the e-mail address provided by the Customer. This Confirmation will summarize the Products chosen, the relevant Prices including delivery costs, the delivery address, and the order number (hereinafter the "Order Number"). The Customer undertakes to check the accuracy of the data contained in the Order Confirmation and to inform Mobilificio Marchese of any corrections. Any additional costs resulting from data errors will be borne by the Customer. The Order Number, generated by the system and communicated by Mobilificio Marchese srl, must be used by the Customer in all communications with the Seller. It is recommended to print and retain the e-mail received as proof of purchase or to store it on a durable medium. Should the customer wish to receive a document valid for tax purposes, they may request this by sending an e-mail after placing the order. In such case, the customer also undertakes to provide the exact details necessary for invoicing.
### 6. Shipping and delivery
Through the Site it is possible to check in advance the countries to which Mobilificio Marchese is able to ship, the products and the shipping cost. For our shipments we rely on couriers specialized in the delivery of furniture and furnishings, to ensure the quality of the service and the integrity of the Products. Unless otherwise requested by the Customer, delivery of the product is to be understood as kerbside delivery. Transport does not include delivery to the floor, assembly of the item, or disposal of packaging. In any case, it is the Customer's responsibility to verify that the dimensions of the purchased product are compatible with the space in which it is to be placed and that delivery can be carried out easily by the carrier, including, in the case of delivery to a floor above ground level, that the product can pass through the stairwell or lift and any doorways. Any additional cost required to allow such placement shall be borne by the Customer. All our shipments are insured.
For delivery of goods, the Customer or their representative must be present at the recipient's address indicated in the order. If the recipient is not present at the time of delivery, the carrier will leave a delivery notice at the address provided by the customer. The products must be collected at the address and in accordance with the procedures indicated by the carrier. If collection does not take place within the period established by the carrier, the products will be returned to Mobilificio Marchese. In such case, the customer will not be entitled to any refund. The costs of returning the products to Mobilificio Marchese srl shall be borne by the customer.
Upon delivery of the goods by the Courier, the Customer must check that the number of packages delivered matches that indicated on the transport document and that the package is intact and not tampered with. The delivery note bearing the date and signature of the Customer constitutes a document certifying that delivery has taken place. Any damage, even minor, to the package and/or Products, or any discrepancy in the number of packages, must be reported immediately by means of a written reservation noted on the courier's delivery note. By signing the courier's delivery note without reservations, the Customer declares that the goods received are intact and accepts the product as delivered.
Any defects, damage or non-conformities not immediately visible at the time of delivery (for example, only detectable after opening the packaging or during assembly) must be reported to Customer Service, failing which the right shall lapse, within 3 (three) working days of delivery, by means of written communication (e-mail) accompanied by photographic documentation. After this period, without any complaint having been made, the product shall be deemed to have been accepted by the Customer as conforming and free from apparent defects, without prejudice to the warranty rights for hidden defects not detectable through ordinary diligence, pursuant to article 9.
Mobilificio Marchese srl shall not be liable for failure to deliver or for damage to or defects in the products delivered due to causes of force majeure.
During the summer closure period of the manufacturing companies (generally during the month of August), production and deliveries may be subject to delays; orders placed during this period will be processed starting from the reopening of the relevant companies.
### 7. Right of withdrawal
The consumer has the right to withdraw from any distance contract, without penalty and without giving any reason, within 14 (fourteen) days from the day of delivery of the product(s).
**Exclusion for "Made to Order" products**
Pursuant to article 59, paragraph 1, letter c) of the Consumer Code (Legislative Decree 206/2005), the right of withdrawal does not apply to products made to measure or personalized according to the Customer's specific instructions (so-called "Made to Order"), including, by way of example and not limitation: sofas, armchairs, beds, wardrobes and walk-in closets, kitchens and furnishings made with dimensions, configurations, finishes, fabrics, leathers, colours or materials other than the standard catalogue ones, or otherwise selected/combined by the Customer at the time of order. Once the order is confirmed, such products are manufactured specifically for the Customer and cannot be resold to third parties; they are therefore not subject to withdrawal, return or refund for change of mind, except in the case of defects or lack of conformity (see articles 8 and 9). The Seller undertakes to clearly indicate, before confirmation of the order, when a product falls into the "Made to Order" category.
**How to exercise the right of withdrawal**
For products for which it is permitted, the right of withdrawal must be exercised by the Customer, failing which the right shall lapse, by means of written communication sent, alternatively:
- via certified electronic mail (PEC) to mobmarchese@pec.mobilificiomarchese.it;
- by registered letter with return receipt to Mobilificio Marchese srl, Via Ugo Bassi 128, 98123 Messina (ME), Italy;
- by e-mail to shop@mobilificiomarchese.it, with subsequent written confirmation via PEC or registered letter with return receipt.
The communication must include the Order Number and indicate the products for which the right of withdrawal is being exercised.
**Return conditions**
All returns, which must be in perfect condition, must be authorized by Customer Service. The product must be returned in its original packaging. It must not have been used, must not have suffered any damage, however minor, and must be in a state of perfect cleanliness. Once the return has been authorized, Customer Service will also indicate the address to which the product should be sent. Cash-on-delivery packages will not be accepted. Return shipping costs are entirely borne by the customer.
**Refund**
Once the Products have been received and their condition verified, Mobilificio Marchese will refund the amounts paid within 14 (fourteen) days of receiving and verifying the returned product. To this end, the Customer will provide Customer Service with their bank details.
### 8. Returns and replacements of defective or damaged goods
In the event of defective goods, these may be returned to Mobilificio Marchese within 7 days of delivery. In this case, the shipping and packaging costs for returning the goods shall be borne by Mobilificio Marchese srl. Defective goods will be replaced or refunded if it is not possible to replace them with the same product.
Should the Customer receive packages visibly damaged by the courier and/or carrier (broken or visibly damaged packaging), the following procedure applies:
- If there are multiple packages, refuse only the damaged package, returning it to the sender. We will then contact the Customer to arrange a replacement and/or refund.
- If it is a single-package shipment, refuse the entire shipment, returning it to the sender, and, as above, we will then contact the Customer to arrange a replacement and/or refund.
If the damaged product is out of stock, the Customer will be contacted regarding a possible replacement with an item of equal value and characteristics, where available, or alternatively for a refund of the amounts paid.
These provisions regarding defects, damage and non-conformities also apply to products made to order or personalized ("Made to Order"): the exclusion of the right of withdrawal under article 7 relates exclusively to the Customer's change of mind and does not in any way affect warranty rights for lack of conformity or transport damage.
### 9. Warranty
The products sold are covered by a 24-month legal warranty of conformity from the date of delivery of the goods, pursuant to articles 128 et seq. of the Consumer Code (Legislative Decree 206/2005, as amended by Legislative Decree 170/2021). To activate the warranty, the customer must be able to provide proof of purchase. A printout of the Order Confirmation e-mail is sufficient for this purpose. This warranty applies only to products presenting a lack of conformity, provided that the product has been used in accordance with its intended purpose and any technical specifications accompanying it. The warranty applies only to the "consumer" customer within the meaning of the same decree, i.e. a person who purchases the goods for purposes unrelated to their professional activity.
### 10. Protection of personal data
Mobilificio Marchese srl processes the personal data collected at the time of registration on the site, as well as data subsequently provided by the customer at the time of purchase, in compliance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018, with the exception of data relating to the payment process, for which reference is made to the institutions and platforms through which the transaction takes place. For complete information regarding the processing of personal data and data subject rights, please refer to the Privacy and Cookie Policy available on the Site.
### 11. Applicable law
The sales contract between the Customer and Mobilificio Marchese srl is deemed to be concluded in Italy and is governed by Italian law.
### 12. Competent court
In the event of a dispute and in the absence of an amicable agreement between the parties, without prejudice to the applicability of any mandatory consumer protection provisions (as defined under article 3 of the Consumer Code, Legislative Decree 206/2005), any dispute related to these General Terms shall be subject to the exclusive jurisdiction of the Court of Messina.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and understood the following clauses of the General Terms and Conditions of Sale: 1-2-3-4-5-6-7-8-9-10-11-12.