GENERAL CONDITIONS OF SALE – ATELIER CERASARDA
OBJECT AND PRE-CONTRACTUAL INFORMATION
The following general conditions of sale govern all sales contracts concluded between the Seller and the Customer through the website www.ateliercerasarda.it.
Each purchase is governed by the General Conditions of Sale in the version published on the website at the time of the Customer’s order.
The Customer is obliged to view the following General Terms and Conditions of Sale and to accept them, in particular the pre-contractual information, before confirming the order.
The website is committed to selling to consumers, if one or more sales to persons who do not qualify as consumers occur, these General Terms and Conditions of Sale shall apply, but with the following exceptions:
a) the purchaser will not have the right to withdraw from the purchase referred to in art. 9 in these Conditions of Sale;
- b) the purchaser will not benefit from the warranty on the products referred to in art.7 of these Conditions;
- c) the purchaser will not benefit from all the legal guarantees that protect the consumer and are guaranteed by law.
When placing an order, the Customer accepts that the confirmation of the information is sent by e-mail to the address indicated when accessing the website or during the purchase process.
Any costs for the Internet connection to the website, including telephone, are the exclusive responsibility of the Customer according to the rates applied by the operator selected by the Customer.
The Customer, before the conclusion of the purchase contract, examines the characteristics of the products described in the individual product data sheets at the time of selection by the Customer.
Before the conclusion of the purchase contract and before the confirmation of the order with “payment obligation”, the Customer is informed about:
– The total price of the goods including taxes, with details of shipping and any other costs;
– Methods of payment;
– Terms, conditions and procedures for exercising the right of withdrawal;
– The existence of the legal guarantee for the purchased goods;
– Commercial guarantees provided by the Seller.
The Customer may at any time before the conclusion of the contract, take note of the information relating to Atelier Cerasarda, geographical address, telephone number, e-mail address, information reported, including:
Atelier Cerasarda di Gruppo Romani SpA, Via A. Volta 9-23/25, Casalgrande RE 42013 Italia (Phone: +39 0789 567311; firstname.lastname@example.org, P.IVA 03028130361).
CHARACTERISTICS OF THE PRODUCTS AND THEIR AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS
The products are sold with the characteristics described on the website and in accordance with the terms and conditions of sale published on the website at the time of ordering by the customer, to the exclusion of any other terms or conditions.
The Seller reserves the right to modify these terms and conditions of sale at any time at its sole discretion, without giving any notice to users of the website. Any changes will be effective as of the date of publication on the website and will only apply to sales concluded as of that date.
Prices, products for sale on the website and their characteristics are subject to change without notice. Before sending the purchase order, the Customer is invited to verify the final sale price.
Website users can access the website worldwide and the website may contain references to products that are not available or cannot be purchased in the country of the website visitor.
Products purchased on the website are available only to users who, in the specifically dedicated section of the website, require delivery to one of the countries listed on the website.
CONCLUSION OF THE CONTRACT
The offers on www.ateliercerasarda.it are not binding for the seller and do not constitute an offer to the public, but a simple ‘invitatio ad offerendum’. The customer’s order has the value of a binding contract. The order is accepted by the Seller with an order confirmation, which contains a description of the product characteristics, the essential elements of the contract (price, method of payment). The contract is concluded and becomes binding when the Customer receives the receipt of the order. The order and the order receipt are considered received when the parties to which they are addressed are able to access electronic messages. In case the Customer does not receive an e-mail within 5 working days from the publication of the Order receipt by the Seller or any other communication, the Customer is required to contact the Seller by e-mail at: email@example.com .
The Products displayed on the website are purchased by selecting them and placing them in the shopping cart. Once the Customer has selected the Products and wishes to purchase those inserted in the cart, the Customer will be asked to provide the requested data in order to allow the conclusion of the Contract. In particular, the Customer will be required to provide his/her personal data: e-mail address, address for delivery of the Products, First Name, Last Name (possible company name) billing address, tax code (possible VAT number) and a telephone number where the Customer can be contacted to inform him/her of the possible delivery date of the Products. For accounting and administrative purposes, the Seller reserves the right to verify the data provided by the Customer for the execution of the order. The Customer may pay for the Products ordered through one of the payment methods indicated on the Site.
Under art. 51 of the Consumer Code, we inform the Customer that the order involves the obligation of payment.
DELIVERY OF THE GOODS
The seller ships by couriers.
As required by the rules of trade, shipments are accompanied by a transport document and / or invoice / official tax receipt that shows the value of individual items in Euro.
– Delivery date
The Sellers guarantee to do everything in their power to comply with the delivery times indicated on the website and, in any case, to deliver within a maximum of thirty (30) days from the day after the date on which the Customer has sent the order and after confirmation of payment. Should the Seller fail to execute the order, due to the temporary unavailability of the Product, the Seller shall notify the Customer in writing and shall refund any amount already paid by the Customer for the payment of the Product in accordance with the following paragraph.
The website indicates the availability or unavailability of the Products, if a product ordered by a Customer is not available for delivery despite confirmation of the order, and confirmation of payment, the Customer will be promptly refunded.
Orders are shipped by the Seller from Monday to Friday from 9:00 to 16:00. Orders placed during the weekend will be processed the following Monday.
The products will be delivered in any case within 30 days according to the terms of the law.
It is possible to ship the goods in Italy; for shipments abroad it is necessary to contact the Seller at the following email address: firstname.lastname@example.org
The shipment of the Products ordered by the Consumer will be made in the manner selected by the Customer, among those available, and indicated on the Site at the time of order. The Customer agrees to verify without delay, and in any case no later than three (3) days from receipt of the Products, the correctness of the delivery and the inclusion of all and only the Products purchased within this period, and to inform the Seller of any defective products received or differences from the order placed. Slight differences and imperfections should be considered as proof of the artisan quality and the unique character and origin of the products. In any case, the Customer is required to provide photographic evidence of the defect, in which the product is visibly placed inside the original package. If the package or packages of products ordered by the Customer reach their destination in a visibly damaged condition, the Customer is asked to refuse delivery by the forwarder or to sign a proof of delivery “Uncontrolled Goods”.
Once the deadline referred to in the previous paragraph has been reached, without the Customer having made any claims against the forwarder, the Products delivered are considered definitively accepted by the Customer.
The payment of the price of the products purchased through the website must be made within 72 hours from the date of transmission of the order. The Customer expressly accepts that the execution of the Contract by the Seller will begin on the date on which the money transfer is received in the Seller’s bank account.
The Seller accepts payments by Bank Bonus and PayPal.
The prices indicated on the website are in Euros and include VAT.
The customer has the option to pay for purchases using a verified PayPal account.
The Seller accepts payments from verified accounts and reserves the right to send the goods when the money is transferred to the Seller’s bank account.
Pursuant to the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code) and the regulatory rules referred to in Articles 128, 129, 130, 131, 132, 133, 134, 135 and subsequent amendments of the Decree. 206/2005, according to which the Seller guarantees the Customer, who qualifies as a “Consumer”, that the Products will be free from design and material defects and will comply with the descriptions published on the Site. The application of any warranty does not apply if the use or cleaning of the Product does not comply with the instructions and warnings provided by the Seller and/or in the description on the tags or labels.
The Customer will examine the products as soon as possible and will send to the Seller, by e-mail or registered mail, an explicit complaint with the indication of the identified defect and/or non-conformities and the relevant documentation as indicated in a return form (at least one photograph of the product, the order confirmation sent by the Seller and the receipt).
Upon receipt of the form and accompanying documentation, the Seller will assess the defects or non-conformities reported by the Customer and, after quality control checks to verify the non-conformity of the Product, at its discretion, will decide whether to authorize the return of the Product by the Customer, by contacting the Customer by e-mail at the address provided by the latter during the registration process on the Site. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which will be confirmed after the return.
The Products for which the Seller has authorized the refund will be sent by the Customer, together with a copy of the return authorization within 30 (thirty) days from the notification of the defect or non-conformity to the following address: Atelier Cerasarda-Gruppo Romani SpA, Via Volta 9-23/25, Casalgrande RE 42013 Italia.
Note: Slight differences and imperfections must be considered proof of the artisan quality and uniqueness of the products. Unless otherwise specified, the product is not suitable for dishwasher washing.
The provisions of Directive 85/374 / EEC on damage caused by the product apply. The seller, when acting as a distributor, is exempted from liability by indicating the name of the manufacturer.
RETURNS AND RIGHT OF WITHDRAWAL
– Instructions for withdrawal – pursuant to art. 49, paragraph 4 of Legislative Decree 206/2005 – Right of withdrawal
The Customer, who qualifies as a “Consumer”, has the right to withdraw from the contract without giving any reason, within 14 days from the date on which the Customer (or a third party appointed by him) received the product or, in the case of several products delivered separately with a single order, received the final product.
Customers who intend to exercise the right of withdrawal must notify the Seller by written declaration, which can be sent by registered mail or by e-mail to: email@example.com .
Within 14 days after notification of withdrawal, the customer must return the product to the Seller in accordance with the terms and conditions set out in this article.
In case of withdrawal, the Customer will be refunded the payments made, including delivery costs (except for additional costs arising from the choice of a different type of delivery from the least expensive type of standard delivery), without undue delay and, in any case, in no more than 14 days. These refunds will be made by bank transfer to the appropriate bank account communicated by the Customer. The refund may be suspended until receipt of the Product.
Note: Customers who purchase with a VAT number cannot exercise the right of withdrawal.
– Terms of withdrawal
Withdrawal is subject to the following conditions:
The product must be returned to the Seller, intact, unused, washed, stained or damaged and must be returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories). In order to limit damage to the original package, we recommend, if possible, to put it in another box where the seller’s address will be written.
The product must be returned to the seller with all original labels and identification tags affixed on it.
In all cases you should avoid the application of labels or tapes directly on the original packaging of the product.
The Seller reserves the right to verify full compliance with the above conditions and goods that do not meet the above conditions will not be accepted or refunded.
– Replacement of goods
Without prejudice to the above, the Customer may not request the replacement of the Product with another available product.
The Seller shall not be liable in case of total or partial non-fulfillment of obligations arising from contracts entered into under these general conditions of sale, if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, without limitation but not limited to catastrophic natural events, acts of terrorism, wars, riots, lack of electricity, general strike of workers in public and / or private, strike and / or restrictions on the profitability of couriers and air connections.
11. APPLICABLE LAW AND JURISDICTION
Any contract of sale concluded between the Seller and the Customer in accordance with these general conditions of sale shall be governed by and construed in accordance with Italian law. In any case, they will be granted without prejudice to any further rights granted to the Customer by the provisions of the law in force in the State of residence of the latter.
Any disputes shall be settled by the Court of Reggio Emilia, except in cases where such provision is not applicable due to the mandatory laws in force in the Customer’s country of residence.
VALIDITY OF THE CLAUSES
The titles of the terms used herein are purely indicative and have no effect on the identification of the contents and interpretation of this contract.
These General Conditions of Sale do not affect the rights conferred by Italian law to the Consumer.
In the event that any provision, or part of any provision, of these terms and conditions, should be deemed invalid because it is inconsistent or contrary to law, all other provisions of this Agreement, or parts of the same provision, shall remain in full force and effect.
The Customer acknowledges that he has not been induced to adhere to this contract by means of preliminary oral statements.
Should any of these Terms and Conditions be invalid or become invalid at a later date, this shall not affect the validity of the remainder of this agreement. In this case, the invalid clause will be replaced by a term that represents it as faithfully as possible in its economic intent and purpose or with the appropriate legal provisions. The Seller reserves the right to change these terms and conditions at any time. The amended general terms and conditions are made available at https://www.ateliercerasarda.it/.