Terms of Service

Terms of Service

These Terms of Service (hereinafter, the “Terms of Service”) concern the regulation of the purchase of products, made at a distance and made available, via the internet, from this site (hereinafter, the “Site”) in the compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter the “Consumer Code”).

The seller of the products is: StarMart Srl, via G. Matteotti, 125 – 60121 Ancona (AN) e-mail address: [email protected] (hereinafter “StarMart”).

The consumer who accesses the Site to make purchases (hereinafter “Customer”) is required, before sending the order, to carefully read these Terms of Service that have been made available on the Site.

The contracts concluded with StarMart through the Site are governed by these Terms of Service in compliance with Italian law. The language available to conclude the contract is Italian.

Choosing and ordering Products:

The characteristics and the price of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.

To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the “Shopping Cart” and, after having read the Terms of Service and the Privacy policy and confirmed their acceptance, they will have to enter the shipping and billing information, select the payment method and confirm the order.

By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to accept in full these Terms of Service and payment transcribed .

The contract entered into between StarMart and the Customer must be considered concluded with the acceptance of the order by StarMart. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these Terms of Service, the order number, the shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from the receipt of this email to contact Customer Service by e-mail: [email protected]   After this deadline, the order will be processed for shipment and no changes will be accepted, without prejudice to the Customer’s rights as per the following article.

Once the order has been received, StarMart will check the availability of the stock to fulfill the order. In the event that one or more Products are not available, StarMart Customer Service will promptly send an e-mail notification to the Customer who, within the following 12 hours, will be entitled to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this deadline, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, StarMart will process the order with the available Products. In both cases, the amount for the missing Products will be immediately reimbursed depending on the chosen payment method.

Product Information:

The information and characteristics relating to the Products are available, with the relevant Product codes, on the Website.

The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.

Prices and shipments:

Product prices include all taxes. Duties are not included. All prices are in Euro or Sterling Pounds. The shipment is made in the countries indicated in the cart at the time of purchase and the shipping costs vary according to the country of destination and the eventual belonging of the location to the list of uncomfortable locations provided by the courier used.

Payment and invoicing methods:

The Customer can pay the price of the Products and the related delivery costs by PayPal or Bank Transfer.

The sale takes place by issuing a receipt. The invoice issue must be requested at the time of purchase, indicating the VAT number and tax code. Invoicing is performed by StarMart Srl.

– PayPal

Once the order is confirmed, the Customer will be redirected to the PayPal site where she/he can make the payment with her/his account or using a card, also prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relative conditions.

– Bank transfer

Once the order is confirmed, the Customer will receive an email with all the information on how to make the payment and where to send a copy of the payment

Transport and delivery:

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Information” field. StarMart is not responsible for unforeseeable delays not attributable to StarMart.

Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.

In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a maximum period of 7 (seven) working days starting from the day after the one on which StarMart has confirmed the order to the Customer by e-mail order confirmation. Delivery often takes place in a time shorter than 7 days, often in 4-5 days depending on the country of origin and the location. Deliveries to addresses on the islands and in disadvantaged locations require on average 1-2 days more.

Right of withdrawal:

As required by current regulations, customers enjoy a money back guarantee with the possibility of returning, without penalty, the products purchased within 10 calendar days of receipt, giving notice to StarMart Srl, via G. Matteotti, 125 – 60121 Ancona (AN) e-mail address: [email protected]

It will be the responsibility of StarMart to reimburse the amount paid within 14 days of their return.

The right of withdrawal is governed by the following conditions:

  1. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
  2. In the event of exercising the right of withdrawal StarMart will reimburse the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to the right of StarMart to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. Also in order to be able to guarantee the free return, according to the following article, the Products must be returned in the same box in which they were received.
  3. The return costs of the product are pay by StarMart. For the return trip StarMart will use its own courier.
  4. In addition to the cases indicated in the Introduction (customer not a consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:   – order of made-to-measure or clearly personalized products; – order for Products that are likely to deteriorate or expire rapidly; – order for sealed products that do not lend themselves to being returned for hygienic reasons or connected to health protection or that have been opened after delivery.

With reference to the cases of exclusion of the above-mentioned withdrawal, the Customer, in particular, is informed and accepts that the Products that risk deteriorating or expiring rapidly include both Food and cosmetic products, as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage.

In the event of exclusion of the right of withdrawal, StarMart may decide to return the purchased Products to the Customer, charging the shipping costs to the Customer.

In the event that the person who makes purchases on the Site requires the issuance of an invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the discipline of withdrawal pursuant to art. 7 and 8 of these Terms of Service nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.

Warranty and Compliance Defects:

In case of lack of conformity of Products sold by StarMart, the Customer must immediately contact Customer Service by e-mail: [email protected].

The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction. The Customer loses these rights if he does not report to StarMart the lack of conformity within 15 days from the date on which he discovered the defect, provided that it is not a Product that by its nature is perishable or subject to expiry in a term shorter, in which case the defect must be reported within 24 hours.

Errors and limitations of liability:

The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which StarMart cannot therefore be held responsible, except in cases of intent or gross negligence.

StarMart reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer’s rights under these Terms of Service and the Consumer Code.

Except in the case of fraud or gross negligence, any right of the Customer to compensation for damages or to the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things, caused by the failed acceptance or evasion, even partial , of an order.

***

Pursuant to Article 1341 of the Italian Civil Code the Customer declares to have read and to accept the Terms of Service.