Terms and Conditions

ABOUT OUR TERMS

These Terms explain how you may use the www.mariocasa.it website (the Site). The Site is operated by Mario Gagliardi Design, incorporated in Austria. Our registered address is Doeblinger Hauptstrasse 17, A - 1190 Vienna, Austria. You should read these Terms carefully before using the Site.

By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

If you do not agree with or accept any of these Terms, you should stop using the Site.

YOUR PRIVACY AND PERSONAL INFORMATION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information.

USING THE SITE

The Site is for your personal use only.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site; and keeping your password and other account details confidential.

We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.

As a condition of your use of the Site, you agree to comply with our terms and conditions.

We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

TERMS OF USE

As a condition of your use of the Site, you agree not to use the Site:

- for any purpose that is unlawful under any applicable law or prohibited by these Terms;

- to commit any act of fraud;
- to distribute viruses or malware or other similar harmful software code;
- for purposes of promoting unsolicited advertising or sending spam;
- to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
- in any manner that harms minors;
- to promote any unlawful activity;
- to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
- to attempt to circumvent password or user authentication methods.

INTELLECTUAL PROPERTY RIGHTS

The Site and all intellectual property rights in it including but not limited to any content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered anywhere in the world. We reserve all of our rights in any intellectual property in connection with these Terms.

All content included on our Site (including, without limitation, the logos of Mario Casa, graphics, text, photos, designs, icons, images, data and software is the property of Mario Gagliardi Design, its affiliates and licensors and as such is protected by international and Austrian copyright and other intellectual property laws. Any copyright or other intellectual property in these web pages is owned by, or licensed to us. You are prohibited from reproducing all or any part of the contents of our Site except in accordance with this agreement.

We grant you the following limited license to copy the contents of our Site:

You may download or print pages from this Site BUT ONLY for your own personal use AND you may not make any modification to them.

You may re-copy, extract or forward pages from our Site to a third party for their personal use only, provided you:

Do not make any modifications to the extract or pages before re-copying, extracting or forwarding;

Acknowledge that the extract is from our Site;

Include the URL address of our Site on the extract; and

Notify the third party that use and further copying of the extract by them is subject to the terms of this license.

The following acts are forbidden under the limited license granted to you:

You may not incorporate any part of our Site into any other work or publication, including incorporation into an electronic work, without our prior written consent.

You may not frame our Site within any website controlled by you.

ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

We may suspend or terminate operation of the Site at any time.

Site content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

LIMITATION OF LIABILITY and INDEMNITY



Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.

However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.

We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.

SECURITY

Your credit card information is encrypted to ensure your transactions with us are private and protected as they travel over the Internet. In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Stripe, Inc. (https://stripe.com) which provides remote electronic payment services, without third parties having any access thereto. Such details will not be used except for performing the procedure relevant to your purchase. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account at the order confirmation.

EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

VARIATION

The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on artemest.com and shall therefore apply to orders submitted after that date.

LAW APPLYING TO THIS CONTRACT

Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Austria, and the courts of Austria shall have exclusive jurisdiction to settle any such dispute or claim.

LIMIT ON OUR RESPONSIBILITY

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
business losses; and
losses to non-consumers.

Cookie Policy

WHAT ARE COOKIES?

Cookies are small text files that a website stores on your computer or mobile device when you visit the website. These text files allow a website to remember your preferences between pages or visits. They can be used to:
-remember the contents of the shopping cart when purchasing goods online;
- assist users in logging in to a website;
- analyze the traffic on a website;

The purpose is to allow the website to store information such as your username for a certain period of time. This way, you do not have to re-enter this information when you visit different pages or the next time you return to the website.

Necessary cookies: They are essential to enable you to browse the website and use its features, such as accessing secure areas of the website. We store cookies on your device to provide you with certain technical features that make your visit to our website more pleasant and comfortable. For this purpose, we use "necessary cookies." These enable core functions such as security, network management and accessibility. We also use "necessary cookies" to store your cookie preferences (login information, items in your shopping cart).

You have the option to delete all cookies that are already on your device by clearing your browsing history. This will remove all cookies from all websites you have visited. This may also result in the loss of some stored information (stored login credentials, website settings)

If you would like to generally prevent the use of cookies, your browser offers the option to reject all cookies. You can activate the "Do Not Track" function in your browser, which will then inform us that you do not wish to allow tracking and analysis services. Please note that in this case, our website can then not be used to its full extent.

Delivery

We use third party delivery partners to deliver our Products to you. All orders will be delivered to the gate. Orders are processed by DHL and other carriers. If you have special shipping needs, please contact us.

Delivery charges apply depending on the Products ordered. You will be made aware of applicable delivery charges at the time of you placing your Order with us. For orders shipped to the EU: Upon entering your shipping destination, the applicable VAT of your country will be added to product prices.

Delivery times are an estimate as all our products are individually handmade.

Delivery times and fees to the US and the EU:



Pillows: 4-6 weeks, free delivery.

Sculptures: 4-6 weeks, free delivery.

Carpets: 4-6 weeks, free delivery.

Bowls: 8-10 weeks, US$ 40.

Dining chairs and side tables: 8-10 weeks, US$ 90.

Lounge chairs: 8-10 Weeks, US$ 100.

Large lounge chairs: 8-10 Weeks, US$ 200.

Dining tables: 8-10 weeks, US$ 200.

Delivery times and fees to Asia:



Pillows: 4-6 weeks, free delivery.

Sculptures: 4-6 weeks, free delivery.

Carpets: 4-6 weeks, free delivery.

Bowls: 8-10 weeks, US$ 20.

Dining chairs and side tables: 8-10 weeks, US$ 40.

Lounge chairs: 8-10 Weeks, US$ 100.

Large lounge chairs: 8-10 Weeks, US$ 200.

Dining tables: 8-10 weeks, US$ 200.

Delivery times and fees to other countries:



Pillows: 4-6 weeks, US$ 10.

Sculptures: 4-6 weeks, US$ 20.

Carpets: 4-6 weeks, US$ 40.

Bowls: 8-10 weeks, US$ 40.

Dining chairs and side tables: 8-10 weeks, US$ 120.

Lounge chairs: 8-10 Weeks, US$ 200.

Large lounge chairs: 8-10 Weeks, US$ 400.

Dining tables: 8-10 weeks, US$ 400.

We may not process purchases when orders are incomplete or incorrect, or the products are no longer available. If the order form has been sent and the price has been paid for items that are no longer available, we will refund the amount paid for those items.

Information

We need certain information from you so that we can supply the Products to you, for example, your name and address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for delays in supplying the Products which are caused by you not providing us with the information we need.

Delivery

Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by you, you may not make any objection to the exterior characteristics of the delivered parcel. You are responsible for the Products when delivery has taken place. The risk in the Products passes to you when you take possession of the Products.

We deliver to: At present, we deliver to most countries of the world.

EU Consumers

EU Consumer Rights



If you are a EU Consumer, you may cancel your contract in relation to products purchased from mariocasa.it under certain conditions by notifying us in writing within fourteen calendar days, beginning on the day you receive the products.

You should return the products within fourteen calendar days from the date you notify us of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

If a product sold has manufacturing defects, you must immediately contact us by email at info@mariocasa.it. Mario Casa products are handicrafted and made especially for you after you place your order. Variations in material and surface finish are inherent in artisanal production and are not considered faults.

The warranties given above will not apply to defects that are due to fair wear and tear or accidental damage. Any modifications made to the product by the Customer will void the warranty.

Carpets, bowls, pillows, sculptures, furniture and upholstery items are Made-to-Order Products for which we do not offer returns.

Product descriptions

Due to factors such as differences in screen and device settings, we are unable to guarantee that the colour you will see on your screen or device will accurately reflect the true colour of the Product.

All drawings, photos, descriptive matter, specifications and advertising displayed on our Website are issued and published for the purpose of giving an approximate idea of the Products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.

If you purchase the same Products under separate orders, we cannot guarantee that the Products supplied will be from the same fabrics or materials batch and therefore may not be an exact colour match.

All images, descriptions, drawings, specifications and advertising are for the sole use of Mario Casa and our business partners and not to be used or copied unless authorised.

We use natural materials which have natural variations in colour, grain and texture. Therefore Mario Casa cannot guarantee that the Products you receive will be exactly as the displayed product, website or catalogue image.

All measurements given are approximate.