TERMS AND CONDITIONS
Martinetti Studio By Angela A Martinetti
DEAR CLIENT
These GENERAL CONDITIONS OF USE AND PURCHASE POLICY establish the conditions under which the use of the website www.martinettistudio.com is governed and the purchase of products therein, to which users, or customers must be subject to. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Personal Data Protection Policy; We suggest your previous reading, before starting its use.
The conditions set forth herein may be modified at any time by Martinetti Studio without the need to notify or request any approval, so we suggest reading them each time you make a purchase. The applicable Conditions will be those that are published at the time of purchase.
The sales made on this portal are made by Gianina Aguirre Martinetti, identified with RUC 1710092626001, located in Via interoceanica km 5 urb vista grande lote 93, Quito-Ecuador, telephone +593958845729 and email: martinetti.studio@gmail.com
GENERAL CONDITIONS OF USE
The following GENERAL CONDITIONS OF USE AND PURCHASE POLICIES are effective as of their publication, without prejudice to subsequent modifications without prior notice or consent. It is solely up to Martinetti Studio to approve modifications to the text of this publication.
The access and use of this Website is free. The fact of navigating the Website, gives the condition of user and implies full and unreserved acceptance of all conditions of use.
By accessing, browsing or using this Website, you acknowledge that you have read, understood, and agree to comply with all the conditions and terms set forth herein. If you do not agree with the conditions, you must refrain from browsing this Website, and if you wish, communicate your disagreement to Martinetti studio. If you purchase any product through this website, it is understood that these terms and conditions have been fully accepted.
To make a purchase from our website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age.
All purchases must be for personal use only. For wholesale enquiries please contact martinetti.studio@gmail.com for further information.
1. PERSONAL INFORMATION
By using this website, you consent to the processing, storage, transmission and / or transfer of your personal data in accordance with what is stated in our Personal Data Processing Policy and declare that all information provided is true and real.
Anyone that makes a purchase or registers to be on our database will need to enter their personal information such as their name, email address and date of birth. This information will be stored and may be used by Martinetti studio to send you information about relevant products, latest developments and forthcoming events.
This information will never be sold, rented or given to another party.
2. DURATION AND TERMINATION
Martinetti Studio reserves the right to revise or modify at any time the GENERAL CONDITIONS OF USE AND PURCHASE POLICIES, or any other content of the Website, when it deems appropriate, without prior notice to the user. The modifications will be made on the website of the brand, being the responsibility of the user to review and attend them each time he enters to navigate on the Website.
The user undertakes to make diligent, correct and lawful use of the Website, as well as not to suppress, evade, or manipulate the copyright and other data that identify the Martinetti Studio brand.
The provision of the Martinetti Studio website service has an indefinite duration. However, the brand may terminate or suspend the provision of this service at any time and without prior notice.
3. INTELECTUAL PROPERTY
All the contents of this Website, such as texts, photographs, graphics, images, icons, software and graphic design, constitute a work owned by Martinetti Studio or its respective authors, for this reason users are prohibited from total or partial reproduction, without written authorization from its owner. In the event that there is content owned by authors other than Martinetti Studio, you will obtain prior authorization in accordance with the provisions of the rules that protect copyright.
4. RESPONSABILITY
The content of the Website is of a general nature and has a purely informative purpose, without fully guaranteeing access to all content, nor its validity or topicality, suitability or usefulness for a specific purpose.
Martinetti Studio will not be liable for any damages that may be caused through the use of the information provided through the service.
Due to the fact that the current technical means available do not guarantee the absolute lack of interference from third parties on the website published on the Internet, Martinetti studio does not guarantee the accuracy or veracity of all or part of the information contained in the site, neither its update, nor that said information has been altered or modified in whole or in part, after having been included in the site, nor any other aspect or characteristic of the information provided through the site or through the links, if any included in it.
Martinetti Studio excludes, to the extent permitted by applicable law in Ecuador, any liability for damages of any kind arising from:
a) The inability to access the Website or the lack of veracity, accuracy, and / or timeliness of the contents, as well as the existence faults and defects of all kinds of the content transmitted, disseminated, stored, made available to those that have been accessed through the Website or the services offered in a traditional way or by electronic means (online).
b) The presence of viruses or other elements in the contents that may cause alterations in the computer systems, electronic documents or data of the users.
5. PRODUCT PRICES
All prices stated on the international website are in United States Dollars (USD).
If you are purchasing from overseas, we will bill any credit card in US dollars and your card company will convert the charges for you.
All prices of the products indicated through the Website include IVA and other taxes that may be applicable. However, these prices do not include the expenses corresponding to the shipment of the products. The prices of our products are subject to change without notice. Likewise, the expenses for fees and taxes generated by the authorities of other countries to sales made outside of Ecuador are excluded, said expenses must be assumed by the client.
6. PRODUCT AVAILABILTY
Martinetti Studio informs the Client that the number of units available is kept up to date with the stocks in the warehouse, as well as the time of delivery of the products to the sales, which may be available for immediate dispatch (InStock) or available to order (ToOrder)
Products available for immediate dispatch will be processed and shipped within approximately five (10) business days of purchase. The products available for ordering have a delivery time between approximately three (10) and fifteen (15) business days (depending on the location, whether it is inside or outside Ecuador). On Saturdays, Sundays and holidays, dispatch orders are not processed until the next business day.
In no case will Martinetti Studio intentionally sell more units than it has.
Martinetti Studio will do everything possible to please all its Clients in the demand for the products.
In the event that the product is not available after the order has been placed, the Customer will be informed by email of its total or partial cancellation. The partial cancellation of the order due to lack of availability does not entitle the customer to cancel the entire order. In the event that the product is not in Stock, Martinetti Studio will refund the money that has been paid for the item purchased.
7. PRODUCT PAYMENT
The Client commits to pay the entire value of his/her order at the time of confirming the purchase order, for which we have arranged all the guarantees through PayPal. Card payment is made with PayPal security protocols.
To the initial price that appears on the website www.martinettistudio.com for each of the products offered, the corresponding rates will be added to the relevant shipping costs. In any case, said rates will be previously communicated to the Client before formalizing the purchase itself.
The Client must notify Martinetti Studio of any improper or fraudulent charges on the card used for purchases, by email or by telephone, to the email martinetti.studio@gmail.com or to the telephone number +(593) 958845729 within five (05) business days following the knowledge of the purchase so that Martinetti Studio can make the necessary steps to reverse the purchase, which must be done jointly with the card operator used.
Before the acceptance by Martinetti Studio of any purchase offer made by a client and / or user, you will be asked to choose the way in which you will make payment of the corresponding price, in accordance with the payment methods found already previously and specifically established on our website. We must warn that although Martinetti Studio has made available to our customers and / or users a secure connection system for all the realization of all purchase offers, in no case Martinetti Studio will be responsible for the failures in the communications from banking or credit institutions, nor will it be responsible for any damages that may be caused to customers and / or users as a result of an action or omission of said entities. When the payment has been verified by Martinetti Studio, you can proceed to the acceptance of the purchase offer made by the customer and / or user. However, Martinetti Studio reserves the right to deny acceptance of a purchase offer or to partially accept it. In these cases, Martinetti Studio will only be bound to return to the client and / or user the value canceled for the purchase offer not accepted or the percentage corresponding to the unapproved part of a purchase offer partially accepted, without any interest or performance.
8. ORDER FORMALIZATION
Once the order is formalized, that is, with the confirmation of the purchase process, Martinetti Studio will always send an email to the Customer confirming the details of the purchase made.
9. ORDER CANCELATION
Once the payment of the order is made, cancellations are not accepted. Changes to the order can be made before shipment, if the requested products are available In Stock. For products that have been ordered to manufacture, changes may only be made up to twenty-four (24) hours after the purchase. In both cases an email should be sent to martinetti.studio@gmail.com
10. DEADLINES, PLACE OF DELIVERY AND LOSS OF PRODUCTS
Product Delivery
Martinetti Studio commits to deliver the product at the address indicated by the Customer in the order form.
Martinetti Studio will not be liable for errors caused in the delivery when the delivery address entered by the Customer in the order form is not accurate and correct.
Delivery Deadline
Shipments will be made through the shipping companies Martinetti Studio has agreements with. Once your order has been confirmed, the process of isolating and dispatching the products begins. For products in stock, the dispatch will be made within the next five (10) business days (if it is international shipping) after the purchase is confirmed. For products ordered to be manufactured, the dispatch will be made approximately between ten (10) to fifteen (15) business days after the purchase is confirmed.
Once the order has been dispatched, confirmed and delivered to the carrier, the customer will receive a dispatch notification in their mail with the information of the guide number with which they can track their shipment through the correspondent shipping company. Martinetti Studio is not responsible for delays in the delivery of your order due to force mayor events or fortuitous events. Martinetti Studio will not be responsible when it has not been possible to deliver to the address indicated for reasons directly attributable to the client. In this case, you must communicate directly with the customer service of the carrier, supplying the respective tracking number. For security reasons, no order will be accepted when it is not possible to identify the recipient of the order and its address.Loss of Shipment
In case of loss or theft of the package sent, it is the responsibility of the transportation company, who will initiate an investigation process to find the location of the package and determine the procedure to request payment of the items contained in the lost package, taking into account the insured value.Undelivered Shipment
If the Customer is absent at the time of delivery, the courier company will leave a receipt indicating how to proceed to arrange a new delivery. If five (05) business days have elapsed after the delivery of the order has been sent out, and it has not yet been delivered, the Customer must contact Martinetti Studio via email martinetti.studio@gmail.com or by telephone + (593)958845729. In the event that the Client does not proceed in accordance, after five (05) business days from the day it was sent out for delivery, it will be returned to our warehouses and the Client must bear the shipping and return costs to the origin of the merchandise, as well as the possible associated management costs.Shipping Due Diligence
The Client must check the good condition of the package before the courier company, indicating any anomaly that could be detected in the packaging. If, after reviewing the product, the Client detects any incident such as blow, breakage, signs of having been opened or any damage caused by the shipment, he/she is commited to notify Martinetti Studio via email within twelve (12) following hours from delivery. From that moment, no incidents of this type will be attended (only parts under warranty).Incomplete package
To start a claim process with the delivery company for a missing product in the package, the client must check the condition in which it was received, indicating any anomaly that it could detect in the package.
The Client agrees to communicate it to Martinetti Studio via email to martinettistudio@gmail.com within twelve (12) hours from delivery, in order to request a formal claim to the delivery company which will only be valid within (21) calendar days, counted from the moment the Client receives the package.
11. RETURNS
When the return of an item is required, it can be done as follows: Please write an email to martinetti.studio@gmail.com within five (5) calendar days after the date on which the purchase was made, or through our website chat www.martinettistudio.com within five (5) calendar days after product delivery.
Have in mind that:
Items that are on sale or have a discount cannot be returned.
The return of the items will always be made for the value at which they were purchased, in case the customer wishes to change the item to one of greater value, he must cancel the difference; and if it is of less value, the money is not returned and a balance will be made in favor of the client.
The item must not have been worn, and must be in the same state in which it was delivered.
The shipment must be made using the same box and / or bag in which it was received to protect the product. In the event that it cannot be done in the same box and / or bag in which it was delivered, the Client must return it in a protective box so that the product arrives at Martinetti Studio offices with the maximum possible guarantee of safety.
A copy of the delivery receipt must be included in the package, where the returned products and the reason for the return are specified.
In no case will there be money back.
12. RIGHT OF WITHDRAWAL
It only applies to online sales and the maximum term to exercise the right of withdrawal will be five (05) business days counted from the delivery of the item / s, and the money will be refunded to the client within the next twenty five (25) to thirty (30) business days as long as the following requirements are met:
The client must return the item/s Martinetti Studio without these having been used, by the same means and in the same conditions in which he received them.
The transport costs and the others that the return of the item (s) will be covered by the client.
Items manufactured by express request of the client is exempted from the right of withdrawal.
13. LEGAL WARRANTY
Martinetti Studio offers the guarantee on the products purchased, in the terms established by the Law, responding for defects in quality, suitability, safety and the good condition of the products offered. The term of guarantee established for the products offered by Martinetti Studio is two (02) months for wool hats and six (06) months for Rabbit hair hats or accessories made of silver.
The warranty does not cover: scratches on the accessories, damage caused by accidents, abuse negligence, dropping, misuse or improper storage of the product, unauthorized modifications or repairs, and normal wear down.
In order to make the warranty effective, you must be within the time frames for submitting your product to a review by a specialist.
Once the legal warranty term expires, the customer must pay for any revision, diagnosis, repair and/or replacement that the hat require.
Martinetti Studio does not make changes to products that are damaged by improper use such as shock, exposure to sun or liquids, use of chemicals or for breach of the instructions for use indicated at the time of purchase. The guarantee is covered by repair or change according to the criteria of Martinetti Studio and the provisions of the regulations governing the matter. It is cause for loss of the guarantee if the client decides to make modifications to the hat.
When the items are acquired through the official distributors of Martinetti Studio, which are published on the website: www.martinettistudio.com The warranty request must be made directly to the distributor.
Martinetti Studio products are handmade, so they can have special and natural characteristics associated with the materials used in their manufacturing process and that can sometimes generate variation in texture or color and differences in the characteristics of one product to another, which cannot be considered as a defect at any time and therefore does not apply as a guarantee.
In order for the warranty to take action in the item, the customer must take into account the following:
If the defect cannot be repaired, it will be replaced by an equal model, if this is not available, the customer can exchange it for any other item of the same or greater value, canceling the difference.
If there is a total change of the product for another, the warranty term will start running again in its entirety from the moment of replacement. If one or many pieces/parts of the item are changed, they will have their own guarantee.
The term of the legal guarantee will begin to run from the delivery of the product to the client.
Warranty repairs will be made within approximately one (01) month, starting from the date on which the item is received.
Shipping fees derived from warranties will be assumed by Martinetti Studio, for both national and international sales.
It is understood that the products are compliant provided that they conform to the description made by Martinetti Studio have the qualities presented and are suitable for the uses to which products of the same type are ordinarily destined and also present the usual quality and performance of a product of the same type.
14. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Martinetti Studio will be exempt from the liability arising from the guarantee, when it demonstrates that the defect comes from:
Misuse of the product by the Client.
When the Client did not follow the instructions for product care (see Product Care).
The guarantee term established in numeral 15 has been fulfilled.
15. REPAIRS OUTSIDE OF THE WARRANTY TERM
In case the client wishes to make a repair of his hat with Martinetti Studio and the warranty term has expired, the term for the repair will be approximately one (01) month from the date on which the item is received and the cost for the repair must be assumed by the customer. If required, shipping costs will be assumed by the customer.
16. APPLICABLE LAW AND JURISDICTION
The Website service and these General Conditions of Use and purchase policies of the Website and the individuals that may be established are governed by Ecuadorian law. The Internet pages, their design and graphic presentation, are protected by the provisions of Law in Ecuador and by the provisions of the Copyright Act of 1976 of the United States of America.
We appreciate your interest in consulting this GENERAL CONDITIONS OF USE AND PURCHASE POLICIES.
17. RECEPTION SCHEDULE AND SHIPPING OF ONLINE SALES
If the purchase is received before 12:00 am, it counts as a business day. After this time, the next business day, Monday through Friday, will be counted. This delivery period begins to be effective at the time the product is shipped.
The shipment of the items purchased at www.martinettistudio.com will be made through an international courier company and will be delivered within approximately 10 business days
To avoid inconvenience in delivery (wrong addresses, inability to find someone at home etc.), it is essential to correctly complete the corresponding form.
Orders can be tracked through the carrier website where it will be indicated, at all times, where the merchandise is until its definitive delivery.
The price of shipment is based on the rates each shipping company has. The exact price of the shipment will be calculated by including each item in the shopping cart and will be broken down on the page that summarizes the purchase before the confirmation of the order by the customer by clicking on the “Confirm payment” button and before the introduction of Payment details.
Shipping costs can be modified at any time without prior notice. This change will be applicable from the moment the modification is included in the help pages and the contract published on this Website. In any case, those shipping costs that appear at the time of placing the order will be valid.
Delivery times in Ecuador: Approximately (5) five business days, working days.
International delivery times: Approximately (10) ten business days, working days.
Additional information: The day of delivery you will be sent an email with the information of the tracking number of your order.
The delivery schedule will be from Monday to Friday and from 08:00 a.m. at 08:00 p.m in Ecuador
18. Cookies
Cookies are used to collect data relating to your general internet usage and customise your experience on our website. This data includes IP addresses, browser versions, number of visits and other data relating to your navigation of the internet and our site. Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements. User ID tracking for AdWords is also setup which allows better understanding of repeat customers.
You can refuse to accept cookies by activating settings on your internet browser however this can affect your overall browsing experience.
19. Disclaimer
1. This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only.
We do not represent or warrant that the information and/or facilities contained in the website are: (a) accurate, complete or current, or (b) that the website will be uninterrupted or error free, or (c) that any defects in the website will be corrected or (d) that the website or the server that makes the website available are free of viruses or any other harmful components.
Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.
This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.
You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to the use of our website.
20. Your obligations
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
*You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.
*You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.
*Video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.