GENERAL CONDITIONS OF SALE
These general conditions of sale govern the sale of products and, where applicable, services through the site when Digitalmrj Ltd - Marnios acts as a seller. The sale of products by third party sellers will be governed by the terms and conditions of sale applicable from time to time. We offer a wide range of Digitalmrj Ltd - Marnios Services and sometimes additional terms and conditions may apply to you. If you use any Digitalmrj Ltd - Marnios Services (for example: Gift Cards, Digitalmrj Ltd - Marnios applications for mobile devices), you will also be subject to the terms, guidelines and general conditions applicable to that particular service ("Terms of Service").
We invite you to read these General Conditions of Sale carefully before proceeding with any purchase. By making any purchase, you accept these General Conditions of Sale in full.
1. OUR AGREEMENT
The presentation of products and services on the site or via the Digitalmrj Ltd - Marnios applications for mobile devices constitutes an invitation to offer.
If you wish to buy one or more products, you can select them one at a time by adding them to your cart. Once you have selected all the items you wish to purchase, you can close your cart and submit your order. At this point you will see a summary page of the products you have selected, their price and delivery options (with related costs). You will be prompted to choose your preferred delivery, transport and payment method.
At the top of the same page, you will find the button that you will have to click to send us the order.
Your order will then be considered as your contractual purchase proposal addressed to Digitalmrj Ltd - Marnios for the products listed, each considered individually. Upon receipt of your order, we will automatically send you an order acknowledgment message ("Order Receipt"). If you use some Digitalmrj Ltd - Marnios Services (such as Digitalmrj Ltd - Marnios applications for mobile devices) the Order Receipt may be published in the Communications Center accessible from the site. Order Receipt does not constitute acceptance of your purchase offer. In fact, by sending the Order Receipt, we only confirm that you have received the order and that you have subjected it to a data verification process and the availability of the products you requested. The sales contract with Digitalmrj Ltd - Marnios will only end when we send you a separate e-mail or post a message in your account on the acceptance site of your purchase proposal which will also contain information relating to the shipment of the product and on the expected date of delivery ("Shipping Confirmation"). In the event that your order is processed through multiple shipments, you may receive separate Shipping Confirmations. You will be able to cancel your order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case you will not be charged any costs. In any case, without prejudice to the right of withdrawal under the terms and conditions set out in the following art. 2.
You agree to receive invoices electronically. These documents will be available in PDF format in the My Account section of the site. The issue of the electronic invoice relating to an order will be communicated to you in the Shipping Confirmation.
2. RIGHT OF WITHDRAWAL
2.1. CONSUMER RIGHTS (EU Directive 2011/83/EC)
Pursuant to Legislative Decree 206/2005 (Consumer Code) and Directive 2011/83/EC, the Customer, if not satisfied, can exercise the right of withdrawal and return the product or products purchased on the Site without giving any reason.
2.2. The Withdrawal Notice must be made in writing, or through the direct return procedure on the Site or by email with read notification, or with another explicit declaration regarding the decision to withdraw from the contract, for this purpose you can use the standard withdrawal form attached but it is not mandatory, to Digitalmrj Ltd - Marnios no later than 14 days after delivery of the order. The 14 days start from when the Customer or his representative physically received the package and not from the shipping date.
2.3. If the Customer has selected "Pick up in store" as the delivery method, the right of withdrawal applies from the date of collection of the order at the store itself.
2.4. The Withdrawal Notice will imply the assignment by Digitalmrj Ltd - Marnios of a unique return number (hereinafter referred to as "RMA") that the Customer must indicate in the packaging of the shipment and a RETURN FORM that the customer will need to print and include within the shipment.
2.5. The Customer will have to send the product or products to be returned by post or courier at his own expense no later than 14 days from the date of sending the Withdrawal Notice to Digitalmrj Ltd - Marnios.
2.6. In compliance with the art. 54 co. 4 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal remains with the Customer. We recommend using a tracked shipping method that includes a signed proof of delivery.
2.2. RETURNS that do not respect the established terms will not be accepted.
2.8. EFFECTS OF WITHDRAWAL
2.8.1. If you withdraw from this contract, you will be reimbursed for all payments you have made to Digitalmrj Ltd - Marnios, including delivery costs (with the exception of additional costs deriving from the Customer's possible choice of a type of delivery other than least expensive type of standard delivery offered by Digitalmrj Ltd - Marnios, without undue delay and in any event no later than 14 days from the day on which the Customer informs us of your decision to withdraw from this contract.
2.9. TERMS FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL through assignment from the RMA system
2.9.1. Within and no later than 14 (fourteen) days from the delivery of the products, the Customer sends Digitalmrj Ltd - Marnios the request for partial or total return of the order directly on the Site or by e-mail with acknowledgment of receipt or other explicit statement regarding the decision to withdraw from the contract to Digitalmrj Ltd - Marnios. To this end, you can use the attached model withdrawal form, but it is not mandatory.
2.9.2. For greater protection on the part of the Customer, the return procedure for purchases made on the Site always provides for the assignment and registration on our system of a unique RMA number. If during registration the Customer has placed the order as a GUEST ACCOUNT, the account must necessarily be converted into a REGISTERED ACCOUNT, this to allow the correct assignment of the RMA.
2.9.3. Upon conversion of the account, the Customer will receive an e-mail with the automatically generated password to access the Site. Once logged in, the Customer will be able to change the password. The Customer may at any time check the status of the return request.
2.9.4. Customers who have placed an order with an EXTRA-EEC delivery address
They will have to send the return in DDP (DELIVERY DUTY PAYED) or the delivery of the product must be free of any costs attributable to Digitalmrj Ltd - Marnios. Returns of extra-EEC orders that do not comply with these conditions will not be accepted and therefore will be refused and returned to the sender. For extra-EEC returns of CITES Certified accessories, it will be at the Customer's expense and responsibility to contact the competent authorities for the issuance of the CITES documentation and certification necessary for the re-export of the product.
2.9.5. The Client with a GUEST ACCOUNT can convert his Account to REGISTERED at any time by sending an email with the ACCOUNT conversion request to email@example.com
2.10. WITHDRAWAL PROCEDURE THROUGH THE WEBSITE by assigning the RMA system
2.10.1. If the Customer is already a REGISTERED CUSTOMER, the request can be made through his own account. Once logged into the Site, the Customer will select the product or products for which he intends to make use of the right of return from the ORDER HISTORY and by clicking on the SEND button, he will register his request in the system. Upon having read the request by Digitalmrj Ltd - Marnios, the Customer will receive an e-mail with the information to download and print the RMA FORM. The Customer must indicate the RMA number on the outside of the shipment and must print the RMA form which must be included in the shipment.
2.10.2. If the Customer has placed the order as a GUEST ACCOUNT, he can request withdrawal at any time by sending an email to firstname.lastname@example.org. Once the account has been converted, the customer will be able to access his personal area and send the RMA request to complete the withdrawal request. The Customer will receive an email confirming the notification of withdrawal. Upon having read the request by Digitalmrj Ltd - Marnios, the Customer will receive an e-mail with the information to download and print the RMA number and the RMA form. The Customer must indicate the RMA number on the outside of the shipment and must print the RMA form which must be included in the shipment.
2.11. WITHDRAWAL PROCEDURE BY EMAIL OR THROUGH OTHER EXPLICIT DECLARATION and assignment by the RMA system
2.11.1. If the Customer has an already REGISTERED ACCOUNT, once Digitalmrj Ltd - Marnios has read the withdrawal request communications, it will send an acceptance e-mail with the RETURN PROCEDURE and the information to follow to print the RETURN FORM RMA from the ACCOUNT on the Site. If the Customer is unable or unwilling to carry out the RETURN PROCEDURE, Digitalmrj Ltd - Marnios will carry out the procedure from the back-office and send the RMA number and the RMA form via e-mail , which can also be downloaded from the Site, with the information to follow for the return.
2.11.2. If the Customer is a GUEST CUSTOMER, once Digitalmrj Ltd - Marnios has read the withdrawal request communications, it will send an acceptance e-mail with the RETURN PROCEDURE and the information to follow to print the RMA FORM from the ACCOUNT on the Site as per point 188.8.131.52. If the Customer is unable or unwilling to carry out the RETURN PROCEDURE, Digitalmrj Ltd - Marnios will carry out the procedure from the back-office and send the RMA number and the RMA form via e-mail, which can also be downloaded from the Site, with the information to follow for the return.
2.12. All phases of the WITHDRAWAL PROCEDURE will thus be traceable and recorded on the Website.
2.13. The product or products that the Customer intends to return must be intact and unused (except for normal tests, comparable to those that could be done in a shop), all the original packaging (boxes, accessories, protections, leaflets, etc.) and tags must be attached to the products with their own disposable seal which forms an integral part of the goods.
2.14. The products must not be damaged.
2.15. The Customer is responsible for the timely return of the goods no later than 14 days after sending the withdrawal request to Digitalmrj Ltd - Marnios.
2.16. The Customer pays for the shipment and the related shipping costs and is responsible for the shipment itself until it is delivered to Digitalmrj Ltd - Marnios.
2.12. Failure to return the product within the 14-day deadline or failure to deliver the products to the courier possibly appointed by Digitalmrj Ltd - Marnios on the date and in the manner agreed, will be understood as a willingness on the part of the Customer to revoke the notice of withdrawal . The Customer will therefore keep the purchased good and Digitalmrj Ltd - Marnios will not be liable for any refund.
2.18. Digitalmrj Ltd - Marnios having received the return and checked that all the requirements have been met, will notify the Customer, via e-mail, of acceptance of the return.
2.19. In compliance with the provisions of art. 56 of the Consumer Code, Digitalmrj Ltd - Marnios reserves the right in any case to withhold the refund until it has received the returned product.
2.20. Once the return has been received and the conditions of the product or products have been verified, Digitalmrj Ltd - Marnios will issue the refund within 14 (fourteen) days by re-crediting the amount paid by the Customer, to be carried out in the same manner as payment used for the purchase, unless the Customer has expressly agreed otherwise and on condition that he does not have to incur any costs as a result of the refund.
2.21. In case of payment with the cash on delivery method Digitalmrj Ltd - Marnios will make the refund by bank transfer. The cash on delivery costs are excluded from the refund, as they are withheld directly by the courier for the service.
2.22. Digitalmrj Ltd - Marnios will not reimburse additional costs if the Customer has expressly chosen a type of delivery other than the least expensive one offered on the Site.
2.23. The timing of the re-credit or the return of the sums paid for the purchase of the products depends on the payment methods used.
2.24. All products on sale are sealed, which forms an integral part of the item. The Customer must not break these seals because returned products without them will not be accepted.
2.25. If the existence of a decrease in value of the returned products is found, you will receive an e-mail in which you will be notified of the amount deducted by way of reduction of the refund.
2.26. The returned goods must be sent to the following address:
16 Mythop Road
Blackpool FY4 4UZ (GB)
Telephone: (+44)01253 272048
2.22. STANDARD WITHDRAWAL FORM PURSUANT TO ART.49, PARAGRAPH 1, LETTER H)
(fill in and return this form only if you wish to withdraw from the contract)
****START OF MODULE***
Dear Digitalmrj Ltd
16 Mythop Road
Blackpool FY4 4UZ (GB)
Subject: exercise of the right of withdrawal
................, there ........................
The undersigned (name and surname of the person who signed the contract) intends to avail himself, on the basis of Legislative Decree 206/2005 art.52 and following, of the right of withdrawal regarding the contract (or order note) n. ......... signed on ........... through your Website https://marnios.uk
Name and surname …………………………..
For customers who paid by bank transfer or cash on delivery, indicate an IBAN code for the refund transfer
****END OF MODULE***
2.28. Purchases with invoice (must be requested during the purchase) have no right of withdrawal.
3. PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable in accordance with the law.
Information on the availability of the products we sell is listed on the site, as well as on the presentation page of each product. Apart from the information provided on that page or elsewhere on the site, we are unable to give more precise information regarding the availability of products. Please consider that the estimated shipping and delivery times for the products are purely indicative and cannot be fully relied upon. Once we have received your order, we will notify you via e-mail or by posting a notice in your site account if some of the products you have ordered are not available.
Despite all our efforts, we cannot exclude that for a small part of the tens of thousands of products in our catalog a different price from the actual one is indicated by mistake. In any case, we will check the correctness of the product prices during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, we will contact you to check whether you still wish to purchase the product at the correct price. Otherwise your order will not be accepted. If the correct price of a product is lower than that indicated on the site, we will charge you only the lower correct price and we will still ship the product to you.
If the goods ordered from Digitalmrj Ltd - Marnios were to be delivered outside the European Union you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be at your expense. We have no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country and you should therefore contact your local customs office for more information. Please also bear in mind that when you place orders on the site, you are considered as an importer and are therefore required to comply with all laws and regulations of the country in which you will receive the goods. Your privacy is important to us and we know you care about how information about your order is used and shared. We would like our international customers and customers who ship products overseas to be aware that cross border deliveries are subject to opening and inspection of products by customs authorities. For further information, we invite you to read the regulations provided on the websites of your customs offices.
5. WARRANTIES ON PRODUCTS SOLD BY Digitalmrj Ltd - Marnios AND LIMITATIONS OF LIABILITY
The warranty regime on products sold by Digitalmrj Ltd - Marnios differs depending on whether the buyer is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees concerning consumer goods".
If you buy as a "consumer", you benefit from the legal guarantee of conformity to which the seller is required by law on each good sold ("Legal Guarantee").
The Legal Guarantee - held by Digitalmrj Ltd - Marnios as seller - guarantees the goods against lack of conformity with the sales contract.
Pursuant to the law, in the event of applicability of the Legal Guarantee, you will have the right to restore the conformity of the goods without charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract. Digitalmrj Ltd - Marnios is therefore liable for lack of conformity if the same occurs within two years from the date of delivery of the goods. You will still have the burden of reporting the lack of conformity within ten days of its discovery.
In the event that you find a lack of conformity on the goods purchased from Digitalmrj Ltd - Marnios during the period of validity of the Legal Guarantee, please contact customer service by sending an email to email@example.com
To the extent permitted by law, Digitalmrj Ltd - Marnios declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than the United Kingdom.
Digitalmrj Ltd - Marnios will not be liable in the event of a delay in delivery of purchased goods due to a lack of stock at the publisher or supplier.
Furthermore, we will not be liable in the event of non-substantial differences between the goods purchased and their illustrative images and text descriptions published on our site.
Except in cases of willful misconduct or gross negligence, we are solely liable for any direct and foreseeable damage at the time of concluding the sales contract. We will therefore not be responsible for any losses suffered, lost profits or any other damage that is not an immediate and direct consequence of our default or that was not foreseeable at the time of conclusion of the sales contract. Digitalmrj Ltd - Marnios is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the products on sale on the site.
Digitalmrj Ltd - Marnios authorizes third party vendors to display and sell their products through the Digitalmrj Ltd - Marnios.it website. Each page of products displayed for sale on the Digitalmrj Ltd - Marnios.it website indicates when the product is sold by third-party sellers and not by Digitalmrj Ltd - Marnios. As the provider of the e-commerce site, Digitalmrj Ltd - Marnios facilitates the transactions that take place on the site, but is not a party to the sale contract of the goods sold by these third party sellers. Digitalmrj Ltd - Marnios therefore remains extraneous to the transaction, which takes place exclusively between the buyer and the seller. Digitalmrj Ltd - Marnios assumes no responsibility for the sales contract and its correct execution,
The seller is solely responsible for the sale of the products and must deal directly with any complaints or problems inherent or relating to the contract between the buyer and the seller, including the fulfillment of the Legal Guarantee obligations.
6. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed by and must be interpreted in accordance with the laws of the United Kingdom. The place of jurisdiction is that of London
7. CHANGES TO THE GENERAL CONDITIONS OF SALE
We reserve the right to modify the site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. You will be subject to the policies and terms of the General Conditions of Sale in force from time to time when you order products from us, unless any changes to these policies and terms are required by applicable law or the competent authorities (in which case , will also apply to orders you have previously placed). If any provision of these conditions is deemed invalid, void or for any reason unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
In the event of your breach of these General Terms and Conditions of Sale, our failure to exercise the right to act against you does not represent our waiver to act for the violation of the commitments you have undertaken.
We do not sell products to minors. We sell children's products that may only be purchased by adults. If you are under 18, you may only use Digitalmrj Ltd - Marnios with the involvement of a parent or guardian.
10. OUR CONTACTS
Digitalmrj Ltd 16 Mythop Road Blackpool FY4 4UZ (UK) Company Number:15099455 Registered Companies House, Cardiff on 28th Aug 2023 Telephone number (+44)01253 272048
Digitalmrj Ltd - Marnios and the Warranty
General Warranty information on products sold on Digitalmrj Ltd - Marnios
Every product sold by Digitalmrj Ltd - Marnios to a "consumer" buyer is covered by the legal guarantee on consumer goods, which covers lack of conformity that occurs within 2 years from the date of delivery of the goods.
The legal guarantee protects the goods from its lack of conformity with the sales contract. You can find more information on the scope, content and rules of exercise of the legal guarantee, with case studies, by contacting our customer service at firstname.lastname@example.org
In addition to the legal guarantee, which Digitalmrj Ltd - Marnios is required only towards consumers when it operates as a seller, the products purchased can also be accompanied by another form of guarantee (e.g. for products in the Electronics category), called "commercial" or "conventional", offered directly by the manufacturer, who establishes the conditions of application and also the duration.
In relation to certain products, further forms of insurance coverage or other forms of assistance, for a fee, may also be available which allow you to obtain the repair or replacement of the good in the event of its damage. These covers are additional and do not replace the legal guarantee of conformity, which always operates by law.
To find out more about any commercial guarantees and/or insurance coverage offered in relation to a particular product, consult the product sheet available on the site, contact the manufacturer directly or the person offering the guarantee or insurance coverage.
Keep in mind that Digitalmrj Ltd - Marnios does not determine the conditions of application of the conventional guarantees of the manufacturer or third parties nor the various commercial strategies implemented by these subjects. Moreover, Digitalmrj Ltd - Marnios is in no way responsible for the fulfillment of the obligations contained in the terms and conditions of the conventional guarantee of third parties.
The products sold by Digitalmrj Ltd - Marnios to a non-consumer but a "professional" buyer are not covered by the legal guarantee of conformity, but only by the commercial guarantee of the manufacturer, or of the third party, if any.
To exercise your warranty and assistance rights, we advise you to keep a copy of the purchase receipt for the products.
11. Legal Guarantee
General information on the Legal Guarantee.
Every product sold by Digitalmrj Ltd - Marnios to a "consumer" buyer is assisted by the legal guarantee on consumer goods, which covers lack of conformity that occurs within 24 months from the date of delivery of the goods.
What is the legal guarantee?
It is the guarantee on the sale of consumer goods provided for by the Community Directive 1999/44/EC, also known as the "conformity guarantee", which protects you in the event that the products you purchase present defects in conformity with the sales contract ("Guarantee Legal").
This occurs, for example, in the case of products that malfunction, which cannot be used in the manner declared by the seller or for the purposes for which products of the same type are generally used, which do not have the characteristics or qualities promised by the seller or that do not respond to the use for which you bought them.
To receive warranty assistance on products sold by Digitalmrj Ltd - Marnios you can contact Customer Service by sending an email to email@example.com.
What is the duration of the Legal Guarantee?
The Legal Guarantee covers conformity defects that occur within 24 months from the delivery date of the product you have purchased, even if the defect was not immediately identifiable on that date. To assert it, you must notify the seller of the defect within 2 months of when you discovered it.
Unless proven otherwise, it is presumed that the conformity defects which occur within the first 6 months from the date of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
We advise you to always keep the purchase receipt that you find in the product packaging, as well as the shipping confirmation and product delivery documents.
Am I entitled to the Legal Guarantee?
The Legal Guarantee belongs by right only to the consumer, i.e. to those who buy products for non-professional purposes. For example, if you buy a laptop exclusively for your personal use, you are entitled to the Legal Guarantee. Conversely, if you purchase it to use it in your work, the Legal Guarantee does not apply.
Against whom can I enforce the Legal Guarantee?
If you are a consumer, you can enforce the Legal Guarantee against the person who sold you the product, even if it is a person other than the manufacturer. For products purchased from Digitalmrj Ltd - Marnios therefore Digitalmrj Ltd - Marnios is responsible. For products sold by third parties, the Legal Guarantee is the responsibility of the seller and Digitalmrj Ltd - Marnios has no responsibility in this regard.
What rights does the Legal Guarantee give me?
If the product you have purchased has a defect covered by the Legal Guarantee, you have the right, without having to incur any expense, to have the defective product repaired or replaced by the seller. You are entitled to a price reduction or termination of the contract in the following cases: (a) if the replacement or repair of the product is not possible or excessively expensive; (b) if the seller has not repaired or replaced the product in a reasonable period of time; or (c) if the replacement or repair of the product caused you significant inconvenience. To determine the amount of the price reduction or the sum to which you are entitled in these cases, the use you have made of the product is taken into account.
What to do in the presence of a lack of conformity?
To receive warranty assistance on products sold by Digitalmrj Ltd - Marnios you can contact Customer Service by sending an email to firstname.lastname@example.org
Our Customer Service operators will help you solve the problem encountered in using the product you have purchased.
If it emerges that the problem derives from a lack of conformity, a case will be opened in your name and you will be assigned a code for the repair or free replacement of the defective product under warranty.
Keep in mind that, in the event of a replacement, we will deliver the replacement product to you within a reasonable time and in any case following receipt of the defective product. You will be required to return the non-conforming product to us within 30 days from the date on which you received our communication of acceptance of the return for replacement under warranty.
12. INSTRUCTIONS FOR RECEIVING GOODS:
All our items are sent with the packaging in perfect condition.
If there was external damage or an anomaly in the package during the delivery, the recipient must note the words "PACKAGE IN BAD CONDITION" on the delivery note or proof of delivery. This is essential for the agency to accept the claim.
If necessary, an after-sales complaint must be opened within 5 days of delivery.