General Conditions of Sales for Goods sold through the Website www.ClauianoMosaicsSTORE.com
(valid from the date of publication: 30/01/2018)
1. Definitions and Interpretations
1.1_The website www.clauianomosaicSTORE.com” )” /> is property of the company Falegnameria Canciani di Matteo Pizzutti, whose registered office is at JALMICCO 13, 33050 Trivignano Udinese (Ud) – Italy, VAT number 02839160302 and Tax Code PZZ MTT 80S11 G284A ) />. The Company is registered at the Chamber of Commerce of Udine with REA number 291917, PEC: [email protected]
1.2_ Selling products through the Site constitutes a distance contract regulated by the Legislative Decree of 6 September 2005, n. 206 /> and by the Legislative Decree of 9 April 2003, n. 70, which contains the directive on electronic commerce.
1.3_ The contract is made between the Consumer – Costumer specified in the order form (hereinafter, the “Customer” and the Company which owns the Site.
1.4_ Under art. 3, paragraph 1, sub-section b) of the Consumer Code, the Customer is defined as the natural person who is acting for purposes primarily outside his or her trade, business, craft or profession.
2. Conditions of sale
2.1_ The applied conditions of sale are those valid on the date of transmission of the purchase order.
2.2_ Upon placing the order, the Customer declares the acceptance of all indications and conditions given during the purchase process.
2.3_ The Customer must be at least 18 years old to purchase goods through the Site. By placing the order, the Customer declares to be of legal age and to be aware that the merch is only suitable for an adult clientele.
2.4_ By signing the order form the Customer is committed to making the payment under the modalities described in Article 4 of this Contract.
3. Purchase conditions
3.1_ At the order placement, the Costumer can purchase only those products that are displayed on the catalogue, so as they are described in the related fact sheets. The products that are indicated as “not available” on the website are not suitable for purchase. In any case, products on the website will be offered only until the stocks are exhausted.
3.2_ The images accompanying the description of the products are issued or published for the sole purpose of giving an approximate idea of the products described in them.
3.3_ With the electronic submission of the order form, the Customer purchases the goods and accepts the contract conditions; therefore, the Company will only take into consideration the forms that are completely and correctly filled in.
3.4_The order form clearly indicates the prices of the products, as well as the applicable shipping and delivering costs, which depend on the courier and are to be borne by the Customer.
3.5_ The Company has the right to cancel or reject orders made by Customers who previously violated the present General Conditions of Sale or Customers who provided false or incomplete identification details.
3.6_ The order will be electronically transmitted to the Company only upon its confirmation by the Customer.
3.7_ The Customer shall meet the costs of the Internet connection to the Site, telephone network included. Prices depend on the tariffs applied by the operator chosen by the Customer himself or herself.
4. Terms of payment
4.1_ The payment methods available to the Customer when purchasing through the Site are described in the following paragraphs.
4.2_ Credit card
4.2.1 Credit card payments will be registered by the issuing company only after the conclusion of the online transaction. The issuer will also authorize the purchase charge on the bank account of the Customer.
4.2.2 The transaction will only be considered successfully concluded after the total amount being charged on the Customer’s Credit Card.
4.2.3 Any information about the Customer’s Credit Card will be protected throughout the whole purchase procedure and directly transmitted to the issuing institution that manages the transaction. None of this information will be either known or conserved by the Company in any electronic database. Under no circumstances the Company will be held responsible for any fraudulent or illicit use of credit cards made by third parties at the time of payment of goods purchased on the Site.
4.2.4 The cards that are supported for the payment are displayed on the payment page and again on the checkout page.
4.3_ Bank transfer
4.3.1 The payment of goods purchased on the Site can be made by bank transfer. The beneficiary’s bank account details are specified on the order form.
4.3.2 The purchased goods will only be shipped after the order has been processed and the due amount has been registered on the Company’s bank account.
4.3.3 After sending the order to the Company, bank transfer must be done within 5 days and deposit of due amount registered within 8 working days. At the expiration of this period, the contract will be considered terminated and the order will be cancelled.
4.3.4 The reason for the bank transfer shall report the order number indicated on the order confirmation that the Customer has received. A copy of the bank transfer must be sent as guarantee to the Company’s email address: [email protected]
4.4_ Cash on delivery payment (only for deliveries within Italy)
4.4.1 If the Cash on delivery payment is chosen, the payment of the goods purchased on the Site can be made at the delivery.
4.4.2 Cash on delivery payment requires a surcharge for delivery costs, to be paid by the Customer. The exact amount of the surcharge will be specified in the order form before its transmission to the Company.
4.4.3 For cash on delivery payment a limit of 999,99 Euro is applied.
4.4.4. Insolvency in paying cash on delivery implies the dissolution of the contract due to breach of contract effected by the Costumer and to violation of art. 2.4 of the Conditions of sales.
5.1_ Prices and VAT_ VAT is included in the prices indicated for the products. VAT amount is in accordance with law. The Site may occasionally display separately net amount and tax amount. The order form and confirmation indicate the TOTAL due amount in Euro, with net price, VAT and shipping costs included.
5.2_ Price variations_ The Company is entitled to modify the prices of the products at any moment, even more than once a day, if necessary. Nevertheless, any price changes occurred after the placing of the order and after its final transmission will not affect the price indicated in the order form.
5.3_ Offers and reductions_Discounts on a specific product will be calculated on its full price, which will be displayed as reference price on the website.
6. Custom duties and import taxes
Shipping outside Italy may require additional payment of duties or import taxes, which are levied once the package reaches the specified destination.
Any additional import cost will be borne by the Customer, who is compelled to be informed about the regulations of the receiving country by contacting the local custom office.
The Customer’s ignorance of import duties or taxes at the time of the shipping of an order will not constitute a cause for the termination of the contract and no additional costs will ever be borne by the Company.
7.Shipping and delivery
7.1_ The delivery area for the purchased goods covers Italy and specified countries. BRT courier is responsible for transport and delivery in Italy and Europe, whereas DHL covers the rest of the world. Deliveries will reach the address specified in the order form.
7.2_Shipping to out-of-the-way or disadvantaged locations, free zones and/or minor islands may require a surcharge. The Customer must notify this condition, so that the Company may apply additional costs for deliveries to such areas during the placement of the order and before the shipping of the goods.
The list of these localities is available on the website of BRT/DHL or can be required writing an e-mail to the Customer Service before or during the compiling of the order.
7.3_ Delivery costs shall be paid by the Customer, unless specified otherwise. Total shipping costs are quoted in Euro throughout the purchase procedure, in the order summary and in any case before the definitive transmission of the order to the Company.
7.4_ Shipping and delivery costs will be indicated in the order summary, that is, before the transmission of the order to the Company. The summary will display the total amount of the order, in which shipping and delivery costs are included but indicated separately. The final total amount, which comprehends the total cost of the goods plus the shipping and delivery costs, will be the price due to be paid by the Costumer.
7.5_ Delivery will only be effectuated at the address specified when compiling the order form.
7.6_ The Costumer must check the integrity of the packaging at its delivery. The Costumer shall control that the packaging and even the sealing materials are intact, not damaged or wet or altered in any way and immediately report any damages to packaging and/or goods by notifying the parcel as SUBJECT TO INSPECTION on the delivery note of the forwarder. After signing the courier’s document, the Costumer will not be able to contest anything else of what has been delivered.
7.9_ Under current regulations, delivery damages must be notified to the Company within a maximum of 8 days of signed receipt.
7.10_ Delivery times must be considered approximate. Delivery will occur from Monday to Friday between 9:00 and 18.00. Public Holidays are excluded.
7.12_ The Customer has the duty to collect the goods. If an arrangement of the delivery time is not possible, and the delivery fails due to absence of the Customer at the specified address at the arrival of the courier, a notice of attempted delivery will be left on location. Instructions for the collection of the parcel or contact number of the courier will be also specified in the notice.
7.13_ In case of failed delivery, the Customer shall withdraw the parcel within 10 calendar days from the day after the receipt of the attempted delivery notice. If the Customer does not collect the goods within the prescribed period, the contract will be considered terminated, within the meaning and the effects of art. 1456 of the Civil Code.
If the Customer has already paid the order, the Company will proceed with the refund of the total due amount, excluding delivery costs, costs of storage, any return shipping charges and any other cost consequential to the non-delivery caused by the absence of the recipient.
7.14_ When filling the order form, the Customer shall specify any anomalous feature of the delivery address and its location. The Customer will find a dedicated space for the note in the order form, at the end of the purchase procedure, that is, before the transmission of the order. If the information is missing or incorrect, any delivery surcharge will be borne by the Customer.
7.15_ The Company shall send the goods within 7 working days of receipt of order payment. If that is not possible, the Company will inform the Customer as soon as possible and/or cancel the order and completely refund the received amount.
7.16_ BRT Hold at Depot
The Customer can choose this option during the purchase procedure: when filling the order form, the Customer must specify in the notes “BRT Hold at Depot” and choose the branch where the goods shall be delivered. When this option is chosen, a BRT operator will contact the Customer by telephone to notify the availability of the goods at the warehouse. The Customer shall collect the goods within 10 days. If the Customer does not collect the goods within the prescribed period, the purchase agreement shall be considered terminated, within the meaning and the effects of art. 1456 of the Civil Code. If the Customer has already paid the order, the Company will proceed with the refund of the total due amount, excluding delivery costs, costs of storage, return shipping charges and any other cost caused by the missed collection.
8. Copyright protection
8.1_ All images, catalogues, prototypes/samples and similar, even if published on-line, are intellectual property of the Company. Use, copy, publication and distribution are allowed only with prior written consent of the supplier.
9. Personal data
9.3_ The Costumer shall ensure that the data given during the registration procedure and/or during the order are correct and reliable. The Customer can at any time consult, update and/or modify the personal data given to the Company on the Site section “My Account”. The Customer can enter this functionality by authentication of the previously created account or by contacting the Customer Service by email at [email protected]
10. Right of cancellation
10.1_ In compliance with art. 52 and following of the Consumer Coder, the Customer, as consumer, has the right to withdraw from the purchase agreement without giving any reason and without being charged of further costs, as stated in art. 10.7. The “Cancellation Period”, during which the refusal of the goods is allowed, expires after 14 (fourteen) calendar days.
10.2_ To exercise the right of cancellation before its expiration, the Customer shall:
send a communication to the customer service to the email address [email protected]
send a registered mail to Clauiano Mosaics STORE c/o Falegnameria Canciani di Matteo Pizzutti, via JALMICCO 13, 33050 Tivignano Udinese (Ud) – Italy
10.3_ The right of cancellation can only be exercised in respect to the product in its entirety and CANNOT be applied to digital contents.
10.4_ Purchased products shall be returned intact, in their original package, complete in all their parts (including manuals, accessories, documents etc.) and not used.
10.5_ The Customer must respect the deadlines and, in any case, return the products to the Company no later than 14 calendar days from the communication of withdrawal. The Customer will have to bear the direct costs of the return, which can be made by a courier at his or her choice. The delivery must reach the following address: Clauiano Mosaics STORE c/o Falegnameria Canciani di Matteo Pizzutti via JALMICCO 13, 33050 Trivignano Udinese (Ud) –Italy
10.6_ The Company is not responsible for damage, theft or loss in transit of the returned products, the shipping being undertaken by the Buyer himself or herself.
10.7_ Products paid by cash on delivery and freight collect are not suitable for return. Additional charges, for example shipping costs, counterfoil, appointment, island surcharge, will not be refund.
10.8_ After the receipt of the goods and the examination of their integrity, the Company will arrange the refund as soon as possible and anyway within 30 days.
11. Legal compliance warranty
11.1_ All product sold on the Site are covered by legal compliance warranty in accordance to art. 128-135 of the Consumer Code (Legal Warranty).
11.2_ Legal Warranty is reserved to consumers. It is therefore applied only to users that have purchased products through the Site for purposes primarily outside his or her trade, business, craft or profession.
11.3_ The Company is liable in respect of the Costumer for any lack of conformity displayed at the delivery of the goods or within two years from the delivery. The lack of conformity must be reported to the seller before expiration of the warranty, that is, within two months from the date of the discovery of the defect.
11.4_ Application of Legal Warranty is only available to the Costumer who supplies proof of the purchase date and delivery date of the goods. It is then recommended that the Customer keeps as evidence the order confirmation or any other document that testifies purchase and delivery date of the goods (for example the credit card payment accounts or the bank account statement).
11.5_ The lack of conformity subsists when the purchased product:
is unsuitable for the purpose for which it is intended, in comparison with products of the same type;
does not comply with the description reported by the seller and does not possess the qualities displayed as model by the seller to the Customer;
does not possess the qualities and features expected from products of the same type and declared in the advertisement or on the label;
is unsuitable for the specific use the Customer was intentioned to make, given that the specific use had been suggested to the Seller by the Consumer himself or herself at the conclusion of the contract and the seller has accepted.
11.6_ The Legal Warranty does not apply to defects and malfunctions caused by accident or due to the Customer’s negligence or improper use of the product (i.e. different from what prescribed in the technical documentation attached to the product).
11.7_ If the lack of conformity is duly executed, the Customer has the right of:
– primarily, costless reparation or substitution of the goods. The solution is at the choice of the Customer, unless the choice is objectively impossible to accomplish or excessively onerous in respect to the other option;
– secondarily (that is, in case reparation or substitution are impossible or excessively onerous, or reparation or substitution cannot be accomplished within appropriate time limits, or in case previous reparation or substitution have caused considerable inconvenience to the consumer), the reduction of the price or the dissolution of the contract, at the choice of the Customer;
The required remedy is considered excessively onerous if it imposes the Seller unreasonable costs in respect to other possible remedies, considering (a) the price the goods would have in the absence of lack of conformity; (b) the extent of the defect; (c) the possibility that the alternative remedy may not cost considerable inconvenience to the consumer.
11.8_ The Customer should notify to Clauiano Mosaics Store any lack of conformity of a product under valid Legal Warranty, using the address specified in the following art. 13 of this document.
12.1_ In the event of total or partial breach of the obligations by the Customer, the Company has the right to terminate the contract in accordance and under the effects of art. 1456 of the civil code through simple written notification, sent as registered mail.
12.2_ The Company has the right to reject any future purchase intended by the defaulting party and, moreover, to institute legal proceedings to safeguard the Company’s rights
12.3_ The company has the right to receive the equivalent to the given services, besides the right of damage refund.
13. Customer assistance and complaints
13.1_ Any complaint shall be noticed by the Costumer:
via e-mail at the following address: [email protected]
by post, addressing to Clauiano Mosaics STORE c/o Falegnameria Canciani di Matteo Pizzutti via JALMICCO 13, 33050 Trivignano Udinese (Ud).
through the Site, visiting the contact section.
14. Limitations on liability
14.1_ The Company will not be held responsible for loss or damages occurred to the Customer or the recipient that were caused by delays or interruptions of the electronic commercial service, in the case that such delays or interruptions did not depend on the Company’s conduct or were caused by telecommunication service providers, energy suppliers, internet service suppliers.
14.2_ The Company will not be held responsible for loss or damages occurred to the Customer or the recipient if these were caused by delays or interruptions of the electronic commercial service in the case that such delays or interruptions were caused by unexpected circumstances beyond control of the Company and whose consequences could not be avoided or limited.
14.3_ The selling Company will not be held responsible for loss or damages occurred to the Customer that were caused by delivery delays which depend on the courier.
15. Jurisdiction and competent court
15.1_ This contract and all juridical relationships deriving from it are regulated exclusively by Italian laws; any connected litigation lays under the solely Italian jurisdiction.
15.2_ Except for mandatory legal dispositions regarding the consumer protection, any litigation connected to the present general conditions of agreement is matter of exclusive competence of the courthouse of Udine.