Terms of service

The goods subject to these general terms and conditions are sold by New Martina S.r.l., headquartered at Centro Direzionale, Isola G1 - 80143 Naples (NA), registered with the Naples Chamber of Commerce under No. NA-864987 in the Companies Register, tax code 07151561219, VAT number IT07151561219, hereinafter referred to as the “Supplier.”

Art. 1 – Definitions
1.1. The term “online sales contract” refers to the contract of sale concerning the Supplier’s tangible movable goods, entered into between the Supplier and the Buyer within a distance selling system via telematic means, organized by the Supplier.

1.2. The term “Buyer” refers to the natural person who makes the purchase under this contract for purposes not related to any commercial or professional activity they may conduct.

1.3. The term “Supplier” refers to the entity identified above, i.e., the party selling the goods through the website indicated in the following article.

Art. 2 – Object of the Contract
2.1. Under this contract, the Supplier sells and the Buyer purchases, remotely via telematic means, the tangible movable goods presented and offered for sale on the website newmartina.it.

2.2. The products referred to above are illustrated with specific and detailed indications of their characteristics in the relevant section of the portal accessible at: newmartina.it.

Art. 3 – Contract Formation
3.1. The contract between the Supplier and the Buyer is concluded exclusively via the Internet through telematic distance methods, by the Buyer accessing newmartina.it and completing the procedures indicated therein, thereby formalizing the purchase of the goods referred to in Article 2.1.

Art. 4 – Conclusion and Effectiveness of the Contract
4.1. The purchase contract is concluded following the Buyer’s accurate completion of the registration form – including consent to the processing of personal data according to the website’s Privacy Policy – and acceptance of the “Terms and Conditions of Sale,” and the submission of the completed purchase form generated by the system after adding the selected products to the electronic cart. Before final submission, the Buyer is invited to review the cart contents, including buyer and order details, product prices, shipping costs and any additional fees, payment terms and methods, delivery address, delivery times, and the terms for exercising the right of withdrawal.

4.2. Once the Supplier receives the Buyer’s order, they will send a confirmation email or display a web page confirming and summarizing the order, including the information referred to above.

Art. 5 – Payment Methods and Refunds
5.1. Payment by the Buyer may only be made using one of the methods indicated in the Supplier’s purchase procedure.

5.2. Any refund to the Buyer will be credited using the same payment method chosen at the time of order. In the event of exercising the right of withdrawal, the Supplier will refund the purchase price after receiving and inspecting the returned goods. Return shipping costs are the responsibility of the Buyer.

5.3. All payment-related communications are conducted using third-party encryption systems to secure the transactions (e.g., PayPal).

Art. 6 – Delivery Times and Methods
6.1. The Supplier will deliver the selected and ordered products according to the methods chosen by the Buyer or indicated on the website when offering the goods, as confirmed in the email referred to in 4.2.

6.2. Shipping times may vary from the day after the order up to a maximum of 30 (thirty) days from confirmation, as provided by law. If the Supplier cannot ship within this period, the Buyer will be notified promptly via email.

6.3. Upon delivery, the Buyer must verify that: a) the number of packages matches the shipping documents; b) the packaging is intact and not tampered with, including seals if present.

If the delivered goods are damaged during transport, the Buyer may refuse delivery and immediately notify the Supplier, who will dispute the delivery with the courier and arrange for a new shipment once the disputed goods are returned.

If the Buyer accepts damaged goods, they must note any package deficiencies on the delivery document with the statement “RESERVATION FOR GOODS INSPECTION DUE TO …” and retain a copy.

Art. 7 – Prices
7.1. All product prices are listed on newmartina.it, expressed in euros, and constitute a public offer under Art. 1336 of the Italian Civil Code.

7.2. Prices include VAT and any other applicable taxes. Shipping costs and any additional fees are indicated during the purchase process before order submission and in the order confirmation email.

7.3. Prices listed for each product are valid until the date indicated in the catalog. Promotional offers are clearly marked on the site.

Art. 8 – Product Availability
8.1. The Supplier ensures the processing and fulfillment of orders without delay through the telematic system, indicating in real time available and unavailable products and shipping times.

8.2. If an order exceeds available stock, the Supplier will notify the Buyer by email regarding availability and waiting times, asking whether to confirm the order.

8.3. The Supplier’s system will confirm the order registration promptly and send the Buyer a summary email as per 4.2.

Art. 9 – Liability Limitations
9.1. The Supplier is not liable for service disruptions caused by force majeure or unforeseeable events.

9.2. Except in cases of willful misconduct or gross negligence, the Supplier is not responsible for malfunctions or disruptions caused by Internet usage beyond its control or that of subcontractors.

9.3. The Supplier is not liable for damages, losses, or costs incurred by the Buyer due to contract non-performance for reasons beyond the Supplier’s control.

9.4. The Supplier is not liable for fraudulent or illegal use of credit cards, checks, or other payment methods if all reasonable precautions have been taken.

Art. 10 – Supplier Obligations for Defective Products
10.1. The Supplier is not responsible for defects due to compliance with binding legal standards or regulations or if scientific knowledge at the time did not allow the defect to be detected.

10.2. No compensation is due if the Buyer knowingly exposed themselves to the defect or misused the goods.

10.3. The Buyer must prove the defect, the damage, and the causal link between them.

Art. 11 – Warranty and Assistance
11.1. The Supplier is liable for defects in conformity within 2 years from delivery.

11.2. The Buyer forfeits rights if the defect is not reported within 2 months from discovery.

11.3. Defects appearing within 6 months are presumed to have existed at delivery unless incompatible with the product’s nature.

11.4. The Buyer may request, free of charge, repair, replacement, price reduction, or contract termination. Warranty does not cover tampered products or damage from misuse or external causes.

11.5. Requests must be made in writing via registered mail; the Supplier will respond within 7 business days with instructions for return or replacement.

Art. 12 – Buyer Obligations
12.1. The Buyer must pay the purchase price as indicated in the contract.

12.2. The Buyer must print and retain this contract received via email.

12.3. The Buyer confirms having read and accepted the contract information before purchase.

Art. 13 – Right of Withdrawal
13.1. The Buyer may withdraw from the contract without penalty within 14 days from receipt of goods.

13.2. Withdrawal must be communicated via registered mail to Centro Direzionale, Isola G1 - 80143 Naples (NA) and anticipated by email to info@newmartina.it.

13.3. Goods must be returned within 14 days in original, unused condition for a full refund.

13.4. Return shipping costs are borne by the Buyer.

13.5. The Supplier will refund the purchase price after receiving the returned goods.

13.6. Upon receipt of the withdrawal notice, both parties are released from mutual obligations.

Art. 14 – Privacy and Data Processing
14.1. The Supplier protects customer privacy in compliance with Legislative Decree 196/2003.

14.2. Personal data collected by the Supplier are processed as described in the website Privacy Policy.

Art. 15 – Communications and Complaints
15.1. Written communications and complaints are considered only if sent to info@newmartina.it. The Buyer must provide residence or domicile, phone number, and email for correspondence.