Users of the Services offered by Martha's Cottage acknowledge and accept these terms and conditions.
Martha's Cottage srl
viale Scala Greca 157/d
VAT Number: 01800620898
Paid up share capital: 17666,52 EUR
Chamber of Commerce of Siracusa
MD: Simona Canto
This document is a legal agreement between you, the User, and the entity providing Martha's Cottage. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. ”Martha's Cottage srl”, “we,” “our,” “us” and similar terms refer to the corporation that owns and manages Martha's Cottage as outlined in the present document. “Martha's Cottage” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use Martha's Cottage, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Martha's Cottage is an online store specializing in products related to weddings and ceremonies.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Martha's Cottage or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right, at its sole discretion, to delete or cancel accounts of Service Providers which it deems, for whatever reason, inappropriate or offensive or in violation of the Terms. The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that: (i) User has violated this Agreement; and/or (ii) User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or (iii) the use of Martha's Cottage by the User may result in violation of law or regulations and/or (iv) in case of an investigation by legal action or governmental involvement and/or (v) the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
The contents available on Martha's Cottage are protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, their use is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such contents. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the contents, even of third parties, available on Martha's Cottage, nor allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on Martha's Cottage, the User may be authorized, only for personal use, to download and/or copy and/or share some contents available through Martha's Cottage, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
The Owner does not moderate the content or links provided by third parties before their publication on Martha's Cottage. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in Martha's Cottage, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
Martha's Cottage provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Martha's Cottage.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Martha's Cottage uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
A post-collection payment option is available for up to a maximum of EUR 400.00 per order. Payments are to be made in cash on delivery.
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time.
The conditions of these discounts and / or offers will be specified each time on the corresponding information page of Martha's Cottage. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last.
If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.
Until the complete payment of the price of the products ordered, the products remain the property of the Owner.
Prices, descriptions or availability of the products on display are subject to change without notice. Photos posted are indicative and may not be an exact representation of the product.
The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by Martha's Cottage in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on Martha's Cottage may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Delivery times vary according to the destination, according to the following approximate indications:
Italy (Sardinia excluded): 3 working days
Sardinia and the rest of Europe (EU): 5 working days
Upon delivery, the User must check the delivery contents, specifying in the delivery form any abnormalities and, in the latter case, accepting the package "conditionally".
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
The Owner delivers to the following countries: European Union states, Switzerland, Norway, Iceland.
In case of purchase of products or services via Martha's Cottage the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day in which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to withdraw by sending an unequivocal statement to the listed contacts.
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery offered, which would have incurred lower delivery costs) without undue delay and in any event not later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract subject as provided below. Such reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement. The reimbursement may be withheld until the receipt of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which they have communicated the withdrawal from the contract. The deadline is met if the User sends back the goods before the period of 14 days has expired. The costs of returning the goods is tobe borne by the User but will be reimbursed as above. The User is solely liable 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.
Returned products that are damaged or were used in any other way than what’s necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery note received.
The right of withdrawal is in any case excluded in relation to:
If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
The User who buys as a consumer has the right to a guarantee of conformity for products and services bought within 24 months of their purchase, provided that notice is given to the Owner of the defects found within 2 months of their discovery.
To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has right to request a fair price reduction or termination of the contract, in the following cases:
The User is obliged to return defective products.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Martha's Cottage and all functions accessible through Martha's Cottage are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. Martha's Cottage and functions accessible through Martha's Cottage are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Martha's Cottage. Therefore, the Owner shall not be liable for:
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Martha's Cottage.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Martha's Cottage and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Martha's Cottage are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Martha's Cottage are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own such intellectual property items and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Martha's Cottage.
Users who continue to use Martha's Cottage after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Martha's Cottage must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.
The service provided by Martha's Cottage as described in these Terms and in Martha's Cottage.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Indicates the email that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Addressed to the Owner [using their complete contact info]: I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract of the sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Date