Terms of service
ARTICLE 1: DEFINITIONS AND ACCEPTANCE OF GENERAL CONDITIONS
This e-commerce website (hereinafter the "Site"), with the electronic addresses www.marmalade.ink, has been created by the company Marmalade Ink srl, with its registered office at via Giacomo Leopardi 7, Milan, MI, 20123, Italy, VAT number: IT13077610965, and a share capital of €10,000. You can contact us at the phone number (+39) 3483665632 or via email at d.bettelli@marmalade.ink.
Marmalade Ink srl, hereinafter referred to as the "Company" in this document, engages in retail sales through the Site of refurbished printers, accessories, and toners. These Products are distributed through the company and presented in a catalog, hereinafter the "Product Catalog," to private/consumer customers as well as to individuals purchasing on the site for purposes related to their commercial, entrepreneurial, or professional activities, if applicable.
The Company provides users of the Site with a system for order transmission and online payment, free of charge (excluding Internet connection costs), on the condition that each Site customer, hereinafter referred to as the "Customer," complies with these General Sales Conditions.
All orders placed through the Site, including additional services, are subject to these General Sales Conditions. These conditions represent the mutual commitments between the Company and the Customer, which the Customer expressly accepts when placing an order through the site.
At the time of placing the purchase order through the site, the Customer declares to unconditionally and fully accept the General Sales Conditions, committing to print or save them electronically, as provided for in art. 53 of Legislative Decree 206/2005, known as the "Consumer Code."
The European Commission provides an online platform for dispute resolution, available at the following link: https://ec.europa.eu/consumers/odr/.
ARTICLE 2: PRODUCTS SOLD ON THE SITE
In accordance with ARTICLE 52 of the Consumer Code (Legislative Decree 6.09.2005 n.206), the Customer has the possibility, before submitting their order, to consult the essential characteristics of the desired products by selecting the Product.
The Company explicitly reserves the right to add new Products, remove entirely or partially sold or presented Products from the Product Catalog, modify their presentation, or discontinue their marketing on the Site, without the obligation to notify the Customer in advance.
ARTICLE 3: INFORMATION AVAILABLE ON THE SITE AND COMPANY LIABILITY LIMITATIONS REGARDING SUCH INFORMATION
Despite the utmost care in publishing and updating the information and data freely available on the Site, inaccuracies, errors, or omissions in the descriptions of Products may occur. The Company undertakes to promptly correct such inaccuracies, errors, or omissions as soon as it becomes aware of them.
The Company will not be held responsible for:
- Any interruptions or delays on the Site due to maintenance work, technical malfunctions, force majeure events, acts of third parties, or circumstances beyond the Company's control.
- The temporary unavailability of the Site due to events beyond the Company's control, such as Internet network interruptions or malfunctioning of the Customer's receiving devices.
- The data provided by the Customer will be kept by Marmalade Ink srl and will not be disclosed to third parties.
ARTICLE 4: ORDERS
All orders for Products available on the Site presuppose the consultation and explicit acceptance of these General Sales Conditions, without the need for a handwritten signature by the Customer.
The receipt of the order through the Site is subject to compliance with the procedure described below and is carried out online through a series of subsequent screens, where the various steps that the Customer must follow to validate the order with the Company are indicated.
Orders are placed online using the order form available on the Site, by selecting the "Add to cart" option.
Once the selection of Products is completed, and if the Customer wishes to proceed with the purchase, the Customer will be asked to provide their personal data, email address, shipping address, billing address (if different), and a telephone number for contact, if necessary, regarding delivery.
The Customer undertakes to provide only complete, accurate, and up-to-date information. In case of incomplete or inaccurate information, the Company reserves the right to cancel the order and the related payment.
The order can be delivered to a shipping address different from the billing address. The Company has the right to refuse or cancel any order from Customers with whom disputes have arisen in relation to previous orders.
The Company has the right to refuse or cancel an order if it believes that the Customer is distributing or conducting economic activities with the ordered Products or for other legitimate reasons.
In accordance with Article 7 of the Privacy Code (Legislative Decree 196/2003), the Customer has the right to access personal data concerning them, modify, correct, or delete it. To exercise this right, it is sufficient to send a communication to: via Giacomo Leopardi 7, Milan, MI, 20123, Italy.
In the order summary, the Customer must enter and validate the identification and quantity of the ordered Products, as well as the sale price (which may be confirmed by the Company).
The online Customer is free to add Products to their Cart, remove unwanted items, change order quantities, or add other Products through the corresponding functions provided on the Site.
Once the order has been completed, the Customer must select the "Confirm order" option to definitively submit the purchase order for processing by the Company. The order is considered to be definitively sent and constitutes an offer of purchase from the Customer. The Company will send the Customer a confirmation email with the order number, details of the ordered Products, the total price of the order (including taxes and any shipping costs), and the order's date and time. The Company reserves the right to refuse or cancel orders in case of discrepancies, inaccuracies, or changes to the Products and prices published on the Site.
The order will be stored in the Company's database for the time necessary to process it, and the Customer can access their order by sending a specific request to the Company's Customer Service.
The Company may refuse orders that are incomplete, incorrect, or suspicious or if there is a dispute with the Customer.
ARTICLE 5: RIGHT OF WITHDRAWAL / RETURNS AND REFUNDS
The Customer has the right to withdraw from the contract without specifying any reasons within 30 days. The withdrawal period expires 30days after the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last goods. To exercise the right of withdrawal, the Customer is required to inform Marmalade Ink srl (by providing the name, physical address, and, if available, phone number and email address) of their decision to withdraw from the contract through an explicit statement (e.g., a letter sent by mail, fax, or email). You may use the attached withdrawal form template, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Effects of Withdrawal
If the Customer withdraws from the contract, all payments made to Marmalade Ink srl, including delivery costs (except for additional costs resulting from the choice of a delivery method other than the least expensive standard delivery offered by Marmalade Ink srl), will be reimbursed without undue delay and in any case no later than 14 days from the day on which Marmalade Ink srl is informed of the Customer's decision to withdraw from the contract.
The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any fees as a result of the refund. The refund may be withheld until Marmalade Ink srl has received the goods or until the Customer has demonstrated that they have returned the goods, depending on which situation occurs first.
The Customer is required to return the goods to Marmalade Ink srl without undue delay and in any event no later than 30 days from the day on which they communicated their decision to withdraw from the contract. The deadline is met if the goods are sent back before the expiration of the 30-day period.
The direct costs of returning the goods will be on us. The Customer is only responsible for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Legal References
Art. 49 paragraph 1 h), paragraph 4 and 5; art. 22 paragraph 1 e) of the Consumer Code; Annex A, Legislative Decree 21/2014 amending the Consumer Code.
To replace a product, the Customer must return it exclusively to Marmalade Ink srl, without visiting any other retail location.
ARTICLE 6: ORDER EVIDENCE
In general, email communications between the Company and the Customer and automatic registration systems used on the Website shall serve as evidence between the parties regarding the nature and date of the order.
ARTICLE 7: AMENDMENTS TO ORDERS
Any changes to an order requested by the Customer will only be considered if they are received by the Company via email before the Products are shipped.
ARTICLE 8: PRICE, INVOICING, AND PAYMENT
8.1 - Price
The prices listed in the Product Catalog accessible on the Website are updated daily and may be changed without prior notice. However, the prices invoiced will be those in effect at the time of the order. The Customer may benefit from promotional offers on certain Products during specific periods, as announced on the Website and within the limits of available stock. All prices indicated include taxes. Any shipping costs will be borne by the Customer, as specified in Article 9.2.
8.2 - Invoicing
An invoice will be issued for each order, available in the Customer's personal space. Any complaints regarding an invoice must be communicated to the Company via email within 10 days of receiving the invoice. Otherwise, the invoices will be deemed accepted without reservation. The incomplete delivery of an order shall not justify the refusal to pay for the delivered Products.
8.3 - Payments
8.3.1 - Electronic Payment
Electronic payments can be made by selecting "Payment by credit card" or "Payment via PayPal." The transaction is carried out in accordance with banking security standards. Through the use of a secure encryption program on the Website, payment data (credit card number and expiration date) provided by the Customer is protected from interception by third parties. The Customer pre-accepts and unconditionally authorizes the secure execution of the transaction by the Company, allowing their bank to debit their account based on the records or statements sent by the Company, even in the absence of invoices signed by the cardholder. This system ensures the security of the Customer's data during the payment process.
8.3.2 - Rejection of Payment via Bank Check
The Company will not accept payments by bank check for orders placed through the Website.
8.3.3 - Cumulation of Payment Methods
The payment methods described in Article 8.3.1 can be combined with each other. The order will be shipped once the Company has received full payment under the conditions specified in the respective sections.
ARTICLE 9: SHIPMENTS
9.1 - Shipment Methods
Shipments are made exclusively within the Italian territory through the carrier chosen by the Company. Delivery occurs at the time the Products are collected by the carrier, who delivers them to the shipping address specified by the Customer in the order form and provides the Customer with the shipping receipt.
9.2 - Delivery Times and Costs
For each order confirmed from Monday to Friday:
For each order confirmed by 12:00 PM from Monday to Friday (excluding holidays) on the Website, order preparation takes place on the same day. For orders confirmed after 12:00 PM, order preparation takes place on the next business day. Delivery times, starting from the order validation, are as follows:
Shipment via Courier: delivery occurs within 1/2 working days from order preparation in northern Italy. For southern Italy and islands, 2/3 delivery days are required.
In case of exceptional stock shortage, the Customer will be informed via email or phone, and the Company will propose the following alternatives:
Postpone the complete delivery of the order until the replenishment date of the specific Product.
Accept a partial shipment with a refund of the purchase price for the undelivered Products. In this case, the Customer can place a new order when the Product becomes available again.
The Company will inform the Customer within a reasonable time in case of exceptional force majeure events that could affect the delivery process of the ordered Products.
If, for any reason other than force majeure, the ordered Product has not been delivered within 7 days from the indicated delivery date, the Customer may request the cancellation of the sale by sending a registered letter with return receipt to the specified address. In this case, all sums paid by the Customer will be refunded if the order is returned in full, either as a credit note or in cash, at the Customer's choice, within 30 days of the request to cancel the order.
The Customer has no right to claim any compensation or penalties from the Company for delivery delays, in addition to the refund of the value of the Products, regardless of the causes and direct or indirect consequences of the delays.
ARTICLE 10: RECEIPT OF PRODUCTS
Upon receipt of the Product, it is the responsibility of the Customer or the recipient of the package, if different, to immediately check the conformity and integrity of the shipped Products, as well as the integrity of the packaging, which must remain intact, undamaged, wet, or altered in any way, including sealing materials. Any reservations or observations regarding the delivery must be complete and detailed, particularly defining any damage by referring to the order number.
ARTICLE 11: RETURN OF PRODUCTS
11.1 - Return of Products following the exercise of the right of withdrawal, as provided in ARTICLE 5.
11.1.1 - Procedure
If you wish to return Products following the exercise of the right of withdrawal, as specified in ARTICLE 5, the Customer must follow the procedure for returning Products described below.
The returned Products must be intact, in perfect condition, and in their original packaging, placed in a new box with clear and legible indication of the original order number. For logistical reasons, the Products must be returned in their original packaging, complete, and in perfect resale condition. Any opened, damaged, or deteriorated original packaging will not be refunded, accepted for return, or exchanged. The Company reserves the right to reject any return that does not meet the above-described conditions.
The Company does not accept parcels sent with shipping costs to be paid by the recipient or cash on delivery.
To avoid potential disputes, Customers who wish to exercise their right of withdrawal are strongly advised to return the Products in conditions similar to those of the initial shipment, with a declared value corresponding to the original order price, and to retain proof of shipment (including the number of parcels) until the complete refund of the order.
11.1.2 - Consequences
Each return accepted by the Company, subject to qualitative and quantitative verification of the returned Products, will result in the refund of the Products under the conditions specified in ARTICLE 5.
11.2 - Return of Products in case of technical anomalies in the Product or reference errors
11.2.1 - Procedure
If you wish to return Products due to technical anomalies or reference errors, the Customer must follow the procedure for returning Products described below.
Any technical anomalies or reference errors must be communicated to the Company via email (at the "Contact Us" address) within a period of 10 days from the delivery date, providing Customer details, invoice number and date, Product reference, quantity, and the exact reason for the request.
11.2.2 - Consequences
Each return accepted by the Company, subject to quantitative verification of the returned Products, will result, at the Customer's choice, in the issuance of a credit note for the benefit of the Customer, free replacement, or refund of the Products, excluding any compensation, damages, or interest.
ARTICLE 12: WARRANTY
The Company provides a warranty solely on the material integrity of the Products at the time of delivery (hereinafter, the "Warranty"). Any defects covered by the Warranty must be reported by the Customer within 2 (two) days from the delivery date, failing which the right to make a claim shall be forfeited. In case of the application of the Warranty, the Customer is entitled only to the replacement of the damaged Products upon their return, excluding any request for damages, regardless of their nature.
The shipping costs necessary for the replacement of the Products are the responsibility of the Customer.
The Customer is required to check the packaging upon delivery and to refuse delivery if the packaging does not correspond to that of the Company. The Company shall not be liable for damages or shortages due to handling after delivery.
If the Product is broken during transportation despite proper packaging, the Customer must report the issue within 2 days of receiving the package. In this case, the Company will initiate a complaint procedure with the courier and arrange for the replacement of the Product.
The Warranty does not cover consumable products such as toner and printer cartridges.
Regarding used products, the duration of the Warranty provided by the Company varies for each product and is specified on each product sheet, with a period ranging from a minimum of 14 days to a maximum of 12 months.
Except for cases of willful misconduct or gross negligence on the part of the Company, in the event of established liability of the Company towards the Customer, the liability shall not exceed the price of the Products purchased by the Customer for which the dispute has arisen.
The Company's liability in the case of warranty for used products is specified for each product in the respective sales conditions.
All requests for assistance or complaints regarding the warranty must be submitted through the Website's contact page, selecting the "Returns and Refunds" option and providing complete details of the issue encountered.
ARTICLE 13: LIMITATION OF LIABILITY
In the event that the liability of the Company is invoked due to non-performance or improper performance of its services, it is expressly agreed that the total amount of compensation shall not exceed the amount equal to the price of the Product that caused the damage.
ARTICLE 14: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Company has a license to use the Website, which remains the exclusive property of Marmalade Ink srl, with its registered office in via giacomo leopardi 7, Milan, MI, 20123, Italy, which has created and published online the web pages, images, source scripts, and basic data that constitute the Website. These elements are protected by copyright and intellectual property laws. Unauthorized use will be prosecuted. The Customer is therefore prohibited from disseminating or reproducing the Website, in whole or in part, in any form. Furthermore, any hyperlink to the site using techniques such as framing, deep-linking, in-line linking, or any other deep linking technique is prohibited.
The Customer acknowledges the Company's exclusive rights to its marmalade.ink logo and undertakes not to make any use of it and not to violate the Company's intellectual and industrial property rights. The Company reserves the right to claim damages and interest in the event of counterfeiting or violation of its intellectual and industrial property rights.
ARTICLE 15: SETTLEMENT OF DISPUTES - APPLICABLE LAW
Any disputes concerning the conclusion, interpretation, performance, or termination of the contract between the Company and the Customer shall be within the jurisdiction of the court of the Customer's place of residence unless otherwise provided by specific laws. The relationship between the Company and the Customer is subject to Italian law.
ARTICLE 16: Legislative Decree 196/2003 - Personal Data Protection Code
In accordance with Article 13 of the Privacy Code, the Company informs the Customer that it collects the provided personal data (name and surname, email and physical addresses, telephone numbers, and emails) for the purpose of managing orders, executing the sales contract, performing shipments and invoicing, providing assistance, and responding to requests. Data is processed in compliance with the Privacy Code, including security and confidentiality requirements.
The Customer has the right to access, modify, rectify, supplement, update, delete, and object to the processing of their personal data in accordance with Article 7 of the Privacy Code. To exercise these rights, the Customer can send an email to the address indicated in the "Contact Us" section or send a postal letter to the Company at the provided address.
By placing an order on the Website, the Customer consents to the use of the collected personal data for billing purposes. The Company will retain such data in electronic format for a period of 2 years from the date of order receipt. With the Customer's prior consent, the Company may use personal data to send commercial offers.
ARTICLE 17: CUSTOMER SERVICE
The Company provides Customer Service to the Customer through the Website. The Customer can avail of Customer Service via email or postal letter at the specified address.
ARTICLE 18: NO WAIVER
The Company's failure to enforce any of the provisions of these General Terms and Conditions at a given time shall not constitute a waiver of the enforcement of such provisions in the future.
ARTICLE 19: VALIDITY OF GENERAL SALES CONDITIONS
If any provision of these General Sales Conditions is declared void, in whole or in part, the other provisions shall remain valid and fully enforceable.
ARTICLE 20: ASSISTANCE IN THE INSTALLATION OF PRINTERS, MULTIFUNCTION DEVICES, AND ACCESSORIES
The company is not obliged to provide assistance for the installation of products sold on the e-commerce platform.
ARTICLE 21: ACCESSIBILITY OF GENERAL SALES CONDITIONS
The General Sales Conditions are constantly accessible online for the Customer. The updated version can be found by selecting the "Terms of Sale" section on the Website.
