Terms and conditions

1. Scope and identity of the seller

1.1 The following Terms and Conditions govern the offer and sale of products on this website www.marshoud.eu (Site). The products marketed on the Site (products) are offered and sold by BJ Distribuzione (P. IVA 09927821216), based in via Pontescuro, 2, Massa Lubrense (Na), Italy (BJ Distribuzione). The sale of products through the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (Consumer Code) and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.

1.2 It is possible to request information, send communications, request assistance, or file complaints by contacting BJ Distribution in the following ways:

(i) by telephone, at +39 081 532 60 23, Monday to Friday at the following times: 9:00 – 12:00 / 15:00 – 17:00;

(ii) by email, at store@marshoud.eu;

(iii) by completing and submitting the “online form” available at www.marshoud.eu/contatti. BJ Distribution will respond to complaints filed within five business days of their receipt.

1.3 Access to sales made through the Site is restricted to users who are 18 years of age or older. Access to the offers on the Site is allowed to both users and consumers. Please note that by “consumer,” according to Art. 3, Paragraph I (a) of the Consumer Code means a natural person acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity.

1.4 With respect to sales made on the Site, BJ Distribution offers its products, makes deliveries, and binds itself solely on the basis of these General Terms and Conditions of Sale.

1.5 Italian is the only language in which these General Terms and Conditions of Sale are expressed as well as the language available to you for the conclusion of the contract for the purchase of products on the Site.

1.6 You may view and print the General Terms and Conditions of Sale in effect from time to time by accessing the page on the Site https://www.marshoud.eu/termini-e-condizioni. The concluded contract will be stored at BJ Distribution’s server.

2 – Site Registration. Information directed to the conclusion of the contract

2.1 The purchase of products on the Site may be made with or without registration on the Site. Registration on the Site is free of charge. To register for the Site You must access the Site’s home-page, click on the “Create New Account” button, and fill out the appropriate form. After that you will receive an email from BJ Distribution confirming your registration containing your credentials to access the Site. In accordance with Legislative Decree April 9, 2003, no. 70 laying down provisions on electronic commerce, BJ Distribution informs you that in order to conclude the contract for the purchase of one or more products on the Site, you must fill out an order form in electronic format and transmit it to BJ Distribution, electronically, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase.

2.2 After placing one or more products in the “Shopping Cart” and before proceeding with the submission of your order, you will be able to check, and, if necessary, modify and/or correct, the data entered within your order. By clicking on the “Buy” button you will place a binding order. The contract is concluded when the order form reaches the BJ Distribution server.

2.3 Following receipt by BJ Distribuzione of the order form, you will receive from BJ Distribuzione (at the email you indicated when registering on the Website or, alternatively, during the purchase process), confirmation of the order, containing the particular conditions applicable to the contract as well as information relating to the characteristics of the products purchased, details of the price, the means of payment used, information on delivery charges (if applied) and any additional costs, as well as the contact details of the Consumer Service, which you may contact to request assistance and/or make complaints. It is recommended to keep the email received as proof of purchase. The order confirmation will also contain links to pages on the Site where you can view the General Terms and Conditions of Sale and information on the right of withdrawal, model instructions on withdrawal, and the model withdrawal form referred to in Art. 9.

2.4 The order form will be stored in BJ Distribution’s database for as long as necessary to process the order and, in any case, within the terms of the law. If you are registered with the Site, to access your order form you may refer to the “Your Orders” section of the Site where you will find a list of all orders placed. In the event that you are not registered with the Site, in order to receive information regarding orders placed you may contact BJ Distribution at the contacts listed in Art. 1.2, communicating the order number contained in the email referred to in Art. 2.3.

3 – Prices. Delivery charges

3.1 The prices shown in the information sheet explaining the main features of the product (Product Sheet) include taxes and duties (if applicable). Delivery charges are applied based on the total weight of the order placed and are calculated during checkout once the user has entered their address.

3.2 The price of the products may be changed by BJ Distribution at any time, without notice, provided that the price charged to you shall be the price published on the Product Sheet at the time the order is placed. Any changes (upward or downward) in price after the transmission of the order will not be taken into account.

4 – Payment terms. Non-payment

4.1 Payment for products can be made either by:

– Credit card;

– Paypal.

4.2 The total amount due, consisting of the purchase price, delivery charges, if any, and any other additional charges, as set forth in the order form (Total Amount), will be charged to your credit card or PayPal account following the conclusion of the purchase process and prior to shipment of the product.

4.3 In the event that you default on any payment, legal interest shall accrue against you from the due date.

4.4 By choosing payment via PayPal, you will be redirected to www.paypal.it where you will make payment for the products in accordance with the procedure provided for and governed by PayPal and the terms and conditions agreed between you and PayPal. Data entered on the PayPal site will be processed directly by it and will not be transmitted or shared with BJ Distribution. The latter is therefore unable to know and does not store in any way the data of the credit card linked to your PayPal account or the data of any other payment instrument connected with that account. The Aggregate Total will be charged to you by PayPal at the same time as the contract is concluded through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The timing of crediting to the payment instrument linked to that account depends solely on PayPal and the banking system. Once a credit order has been arranged in favor of such account, BJ Distributing cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you should contact PayPal directly.

5 – Compensation

5.1 Any set-off between a receivable of yours with a debt to BJ Distribution arising in relation to the contract for the purchase of products on the Website may take place only in the cases provided for in articles 1241 et seq. of the Civil Code.

6 – Delivery

6.1 Unless otherwise agreed, products will be shipped from BJ Distribution’s warehouse to the address you indicated in the relevant purchase order. You are responsible for the shipping costs of the products and any other additional costs, unless otherwise indicated in the Product Sheet or elsewhere where it is disclosed. Their amount will be expressly and separately indicated (in Euros and including VAT if due) in the order summary and, in any case, before the user proceeds to the transmission of the same, as well as in the order confirmation e-mail.

6.2 Delivery is not made to Australia and Canada. In the event that the shipping address is at one of these locations, BJ Distribution will terminate the contract pursuant to and in accordance with Art. 1456 Civil Code and to the reimbursement of the Aggregate Total, if already paid, in the manner set forth in Art. 6.3 following.

6.3 The products offered on the Site are limited in number. It may therefore happen, partly because of the possibility of several users purchasing the same product at the same time, that the product ordered is no longer available after the purchase order has been transmitted. In any case of unavailability of the product ordered, without prejudice to the rights attributed to you by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, you will be promptly informed by email or telephone. You will, therefore, be entitled to terminate the contract immediately, subject to the right to compensation for damages, pursuant to and in accordance with Art. 61, 4th and 5th paragraphs, of the Consumer Code. In the event that you avail yourself of the right of termination under Article 61, IV and V paragraph, Consumer Code or in any case in which the payment of the amount due has already been made, BJ Distribution, without prejudice to your right to compensation for damages, will make a refund of this amount without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The refund amount will be communicated to you by email. This amount will be credited to the same means of payment you used for the purchase. Any delays in crediting may depend on the banking institution, type of credit card, or payment solution used.

6.4 In the case of an order concerning a plurality of products (Multiple Order) if the unexpected unavailability concerns only some of the products covered by the Multiple Order – without prejudice to the rights attributed to you by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.3, if the unexpected unavailability affects all the products covered by the order – BJ Distribution will notify you immediately by email or by telephone of this circumstance. You will, therefore, be entitled to immediately terminate the contract, limited to the product(s) that have become unavailable, subject to the right to compensation for damages, pursuant to and in accordance with Art. 61, 4th and 5th paragraphs, of the Consumer Code. In the event that you make use of the right of termination under Art. 61, IV and V paragraph, Consumer Code, in relation to the product(s) that have become unavailable or in any case in which the payment of the Total Aggregate has already taken place, BJ Distribuzione, without prejudice to Your right to compensation for damages, will make the reimbursement of the amount due in relation to such product(s), including delivery costs if paid (the reimbursement of delivery costs will be calculated as provided for in art. 7.5) and any other additional charges due specifically for such product(s) (Partial Aggregate Total) without undue delay and, in any event, within a maximum period of 15 business days after placing your order. You will be notified of the refund amount by email and the refund will be made within the terms of Art. 7.3. Termination of the entire Multiple Order will be possible only in the case of obvious and proven ancillary nature of the products covered by the Multiple Order that have become unavailable to the other available products covered by the Multiple Order.

6.5 In the event that the purchased product is not delivered or is delivered later than the delivery terms indicated in the Product Sheet and the order confirmation, You, pursuant to Art. 61 of the Consumer Code, may invite BJ Distribution to make the delivery within an additional period appropriate to the circumstances (Additional Period ex art. 61, III paragraph, Consumer Code). If this additional period expires without the products having been delivered to you, you are entitled to terminate the contract (Termination of the Contract ex art. 61, III paragraph, Consumer Code), without prejudice to your right to compensation for damages.

You are not burdened with the obligation to grant BJ Distribution the Supplementary Term under Article 61, Section III, Consumer Code (Excluded Cases) if:

(a) BJ Distribution expressly refused to deliver the products;

(b) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;

(c) You have informed BJ Distribution, prior to the conclusion of the contract, that delivery by or on a specified date is essential.

In the Excluded Cases, You, if You do not receive the products within the delivery period specified during the purchase process and in the order confirmation, are entitled to immediately terminate the contract, subject to the right to compensation for damages (Termination of Contract in Excluded Cases).

The indication of the Additional Term under Article 61, III paragraph, Consumer Code and the notice of Termination of the Contract under Article 61, III paragraph, Consumer Code or Termination of the Contract in the Excluded Cases shall be communicated to BJ Distribution at the addresses set forth in Art. 1.2.

In the event of Contract Termination pursuant to Article 61, III paragraph, Consumer Code or Termination in the Excluded Cases, BJ Distribution will reimburse You for the Aggregate Total without undue delay. Reimbursement will be made in the manner set forth in Art. 6.3.

In the event that You do not proceed to the establishment of the Supplementary Term pursuant to Article 61, III paragraph, Consumer Code or, if the conditions are met, to the Termination of the Contract pursuant to Article. 61, III paragraph, Consumer Code or to the Termination of the Contract in the Excluded Cases, without prejudice to your ability to avail yourself at any time of these remedies and / or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, BJ Distribution undertakes to give you timely notice by e-mail of the delay in delivery (E-mail Delay Notice), indicating at the same time the new delivery date (New Delivery Date).

7 – Retention of title clause

7.1 Products shall remain the property of BJ Distribution until payment by You of the Aggregate Total. On the other hand, the risk of loss of or damage to the products, due to causes not attributable to BJ Distributing, will be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the products.

7.2 BJ Distribution will process the purchase order, and then ship the purchased products, only after receiving confirmation of authorization for payment of the Aggregate Total. In the event that the Aggregate Total is not paid or the successful payment is not confirmed, the purchase agreement shall therefore be deemed to be terminated as of right pursuant to and for the purposes of Art. 1456 c.c.. Of such termination and the consequent cancellation of the order, You will be notified immediately after the transmission of the order, by email.

8 – Information regarding the right of withdrawal

8.1 If you are acting as a consumer, you are entitled to the right of withdrawal under Articles 52 et seq. of the Consumer Code.

8.2 You have the right to withdraw from the purchase contract within the period of fourteen calendar days without having to give any reasons and without incurring any costs other than those provided for in Art. 8.3. The withdrawal period (Withdrawal Period) expires after 14 days:

(a) in the case of an order for a single product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the products;

(b) in the case of an order for the delivery of a product consisting of multiple lots or pieces, from the day you or a third party other than the carrier and designated by you acquires physical possession of the last lot or piece.

8.3 To exercise your right of withdrawal, you must inform BJ Distribution, of your decision to withdraw from the purchase contract, at the following addresses:

Company: BJ Distribution

Email: store@marshoud.eu

Address: via Pontescuro, 2 80061 Massa Lubrense (Na) – Italy

Phone: +39 081 532 60 23

Through the submission of an explicit statement (e.g., an email or letter).

Regardless of the method you have chosen to communicate your decision to withdraw from the purchase contract, BJ Distribution will promptly send you, via email, an acknowledgement of receipt of your withdrawal request.

8.4 You have exercised your right of withdrawal within the Withdrawal Period, if the notice regarding the exercise of this right is sent before the expiration of the Withdrawal Period.

8.5 If You withdraw from the contract, BJ Distribution shall proceed to refund the Aggregate Total, including delivery costs, if incurred (in each case, except for additional costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by BJ Distribution), without undue delay and in any case no later than 14 calendar days from the day BJ Distribution was informed of Your decision to withdraw from the contract. The amount of the refund will be communicated by email; the refund will be made using the same means of payment you used for the initial transaction; in any case, you will not incur any costs as a consequence of such a refund.

8.6 BJ Distributing may withhold your refund until you have received the products or until you have demonstrated that you have returned the products, whichever situation occurs first.

8.7 You are required to return the products or deliver them to:

BJ Distribuzione, via Pontescuro, 2 80061 Massa Lubrense (Na) – Italy

without undue delay and in any case no later than 14 days from the date you notified BJ Distribution of your decision to withdraw from the contract. The deadline is met if you return the products before the expiration of the 14-day period. It should be noted that:

– the substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal (the integrity of the product also means that the cellophane wrapping the box in which the bottle is contained is not removed);

the cost of returning the goods to BJ distribution (including shipping, wrapping and packaging costs) shall be borne by the customer, which must ship the product properly wrapped and packaged; BJ Distribution does not accept damaged returns, but only if undamaged and in normal condition, kept with the use of normal diligence.

8.8 You are responsible only for the diminution in value of the products resulting from handling the products other than what is necessary to establish the nature, characteristics, and operation of the goods.

8.9 Please do not damage or soil the products. He is also requested to return the products inside their original paper or protective film, with all their accessories and together with their packaging components. If appropriate, it can use protective outer packaging. If you no longer have the original packaging, please use appropriate packaging in order to provide sufficient protection against damage in transit and thus prevent a claim against you by BJ Distribution for damages resulting from unsuitable packaging.

8.10 Before returning any product, please contact BJ Distribution at the following number: +39 081 532 60 23 or send an email to store@marshoud.eu communicating your intention to return the product; this will enable BJ Distribution to proceed with the refund due to you as soon as possible.

8.11 What is stated in Art. 8.10 is not a condition to the fulfillment of which the exercise of your right of withdrawal is conditional.

8.12 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle to any refund. BJ Distribution will notify you within 5 working days of receipt of the product, rejecting your request for withdrawal. The product, if already received by BJ Distribution, will remain at the latter’s disposal for collection, which must take place at Your expense and under Your responsibility.

8.13 In the event that, recurring one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product Sheet and, in any case, during the purchase process, before you proceed to the transmission of the order.

9 – Hazards during transport. Damage during transport

9.1 BJ Distributing shall bear the risk of loss of or damage to the products, due to causes not attributable to it, until you, or a third party designated by you and other than the carrier, have taken physical possession of the goods. In the event that products evidently damaged in transit are delivered, please report such defects immediately to the carrier and contact BJ Distributing as soon as possible at the contact details in Art. 1.2.

9.2 If You fail to notify the carrier or contact BJ Distribution pursuant to Art. 9.1, this will not affect your rights under the law. In all cases, you agree to provide BJ Distribution with appropriate assistance with respect to actions taken by BJ Distribution against the carrier or the carrier’s insurance company.

10 – Legal Warranty of Conformity

All products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code (Legal Warranty).

TO WHOM IT APPLIES

The Legal Guarantee is for consumers only. It, therefore, applies, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. To those who have purchased on the Site and who do not have the quality of consumers will be applied the warranties for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided by the Civil Code with their terms, forfeitures and limitations.

WHEN APPLYING

The seller (and, therefore, with respect to purchases made on the Site, BJ Distribution) is liable to the consumer for any lack of conformity that exists at the time of delivery of the product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.

Unless proven otherwise, defects in conformity that become apparent within six months after delivery of the product are presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the product or the nature of the conformity defect. Instead, from the seventh month after delivery of the product, it will be the consumer’s burden to prove that the lack of conformity existed when the product was delivered.

Therefore, to be eligible for the Legal Warranty, you must first provide proof of the date of purchase and delivery of the goods. It is appropriate, therefore, that you, for purposes of such proof, keep the purchase invoice, which BJ Distribution sends to you, or any other document that can attest to the date the purchase was made (e.g., credit card statement) and the date of delivery.

WHAT IS CONFORMITY DEFECT

A conformity defect occurs when the purchased good:

– Is not suitable for the use for which goods of the same type are customarily used;

– does not conform to the description made by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;

– does not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;

– is unsuitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted.

Therefore, any failures or malfunctions or other defects caused by accidental events or by Your responsibility or by use of the product not in accordance with its intended use and/or with what is provided for in the technical documentation attached to the product, if any, or in the instructions for use relating to it, are excluded from the scope of the Legal Warranty.

REMEDIES AT YOUR DISPOSAL

In the event of a conformity defect duly reported within the time limit, you are entitled:

– in the first instance, to the repair or replacement of the good free of charge, at its option, unless the remedy requested is objectively impossible or excessively onerous in comparison with the other and, therefore, in the specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of specimens still available for sale;

– secondarily (i.e., in cases where repair or replacement is impossible or excessively costly, or where repair or replacement has not been carried out within a reasonable period of time, or where repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at the consumer’s option.

The remedy sought is unduly burdensome if it imposes unreasonable expenses on the seller in comparison with alternative remedies that can be pursued, taking into account (i) of the value the good would have if there were no conformity defect; (ii) of the extent of the conformity defect; (iii) of whether the alternative remedy can be pursued without significant inconvenience to the consumer.

WHAT TO DO WHEN THERE IS A CONFORMITY DEFECT

In the event that a product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, You must contact BJ Distribution, at the contact details and in the manner indicated in art. 1.2. BJ Distribution will promptly acknowledge the communication of the alleged lack of conformity and will indicate the specific procedure to be followed, also in order to agree on the mode of shipment of the goods, also taking into account the merchandise category to which the product belongs and/or the reported defect.

REIMBURSEMENT OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL GUARANTEE

In case of termination of the contract, BJ Distribution will return to you the Overall Total paid. In case of price reduction, BJ Distribution will return the amount of the reduction, previously agreed with you.

The amount of the refund or reduction will be communicated to you via email and credited to the medium or payment solution you used for the purchase.

11 – Final Provisions

11.1 In the event that one or more of the provisions contained in these General Terms and Conditions of Sale is or is declared invalid, this will not result in the invalidity of the other provisions. Definitions in the singular have the same meaning in the plural, and vice versa.

11.2 The images and descriptions on the Site reproduce as closely as possible the characteristics of the products. The colors of the products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. In addition, the product images in the Product Sheet may differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with the tolerances of use. For the purposes of the purchase contract, the product description in the order form will be deemed authentic.

11.3 If you are acting as a consumer, these General Terms and Conditions of Sale are governed by (and must be enforced under) Italian law, with particular reference to the Consumer Code and Legislative Decree 9 April 2003, no. 70. If you are a consumer without habitual residence in Italy, the provisions that may be more favorable and mandatory under the law of the country in which you have your habitual residence shall not be affected.

11.4 These Terms and Conditions may be changed at any time. Any changes and/or new conditions will be in effect from the time they are posted on the Site. Therefore, you are encouraged to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is submitted.

11.5 Any dispute or action arising out of these General Conditions of Sale shall be subject to the jurisdiction of the Italian judicial authorities. If you are acting as a consumer, the competent judicial authority is that of the place of your domicile or residence.

11.6 If you reside in a member state of the European Union other than Italy, you may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulations can be found at www.eur-lex.europa.eu.