General conditions of Sale
1 General conditions of sale
1.1. These general conditions of sale (hereinafter " GCS ") govern the offer and sale through the website www.arredamentiinstile.com (hereinafter " Site ") of the Products (from now on " Products ") purchased directly through the Site.
1.2. For the purposes of these GCS, unless expressly communicated otherwise, the user acknowledges making the purchase for purposes not related to commercial, entrepreneurial or professional activities.
1.3. The purchase of products through the Site completes a "distance" sales contract governed by Chapter I, Title III (articles 45 et seq.) Of Legislative Decree 6 September 2005, n.206 and following. mod. (Consumer Code) and by Legislative Decree. 9 April 2003, n. 70 implementing Directive 2000/31 / EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce.
1.4. These GCS apply to all product sales made through the Site by La Torre Alessandro (hereinafter also the "Company"), with registered office in Viale Rinascita 4b - Fondachello Caldo
98040 Messina Italy, VAT number IT03265560833, tel +39 3405773429, email address: firstname.lastname@example.org.
These GCS may be modified at any time and any changes will be effective from the time of publication on the Site in the appropriate section "General Conditions of Sale", also accessible via the appropriate link at the bottom of the page on the Homepage and during the purchase procedure. . Users are therefore required to read them immediately before sending an order.
1.5. The applicable GCS are those in force on the date of transmission of the purchase order for a Product.
2. Registration at www. arredamentiinstile.com
2.1. Registration on the Site is free and non-binding. To register on the Site, the user must fill in the appropriate forms by entering name, surname, address, email, password and any other mandatory and necessary fields for the Company to be able to identify the customer and differentiate him from any hypothesis of homonymy.
The decision to register is optional and not necessary for the purchase of Products from the Site.
Registering on the Site allows the user to carry out various activities in his own private area and have numerous advantages including:
to. Automatic saving of shipping addresses in the address book;
b. Access and consultation of all information relating to the order history and returns;
c. Advance information of offers relating to the Products;
d. Access to after-sales assistance services;
is. Management of your personal data with the possibility of changes at any time;
f. Follow the status of orders;
g. Access to dedicated services that can be activated from time to time by the selling company.
2.2. The registration credentials (e-mail address and password) must be used exclusively by the registered user and cannot be transferred to third parties. The user undertakes to keep the above credentials secret and to ensure that no third parties have access to them. Furthermore, the user undertakes to promptly inform the Company in case of suspicion or becomes aware of the improper use of his access credentials.
2.3. In the event that the user does not remember or has lost the password necessary to access his / her personal area, it is possible to click on the link "Did you forget your password?" on the login page. Subsequently, the registration e-mail address must be entered in order to receive all the information necessary to reset the password from the Company's assistance service.
3. Purchase from the Site
3.1. Unless expressly communicated otherwise, the user declares himself to be a consumer, acknowledging that he is making the purchase for purposes not related to commercial, entrepreneurial or professional activities.
3.2. The Company reserves the right, at its sole discretion, to block accounts and transactions that may be anomalous, without anything being due, for any reason, as a result of such operations, which can be reported to the competent authorities and trade associations.
3.3. The Company also reserves the right to refuse or cancel orders coming from:
to. Users who have released false, incomplete or inaccurate identification information during registration or who have not promptly sent the documents requested as part of the payment procedure described below in point 9 et seq. or who have sent invalid documents; 2
b. Users who have been subjected to criminal proceedings for fraud of any kind and, in particular, for fraud relating to payments by credit card;
c. Users who are already insolvent or with whom the Company has ongoing disputes;
d. Users who have previously violated these GCS.
3.4. In order to conclude the contract relating to the purchase of the Products on the online platform of the Site, the user must fill out an order form in electronic format and transmit it electronically to the Company following the instructions provided on the platform. The user must select the quantity of the individual Products and add them to the cart. After entering the requested data, the user undertakes to verify its correctness . Later you can choose the shipping and payment methods. Once the billing and shipping data of the Products have been entered, it will no longer be possible to make changes.
3.5. The order form will be filed in the Company's database for the time necessary for its conclusion and, in any case, within the terms established by law. The user can access the order form and all the data relating to it through their personal area.
3.6. The purchase contract can be concluded by users in Italian or in the other languages of the domains through which the Company carries out its telematic sales activity. Customer service will provide assistance in any case.
4. Product availability
4.1. The Products that can be purchased by the Company are the articles present on the Site and may belong to different product categories; for each there is an information page (Product Page) with descriptive information and information on availability.
4.2. In order to ensure the processing and fulfillment of orders without delay, the Company checks the availability of its Products in real time. The request for product availability does not entail any purchase obligation for the user and is not considered in any way whatsoever as a reservation and / or order of the Product. The confirmation of availability, however, is to be considered binding only if validated in writing by the Company after payment has been made, with the order status "confirmed".
4.3. Several users could proceed simultaneously with the purchase order for the same Product and the latter could therefore be available, being instead out of stock or not immediately available due to a computer error or an erroneous quantification of the products available being necessary to the same get the restocking. In this case, the Company will update the user and cancel the order (even partially), crediting the relative payment within 30 days. The termination of the contract referred to in this paragraph entails the termination of all ancillary and connected contracts. As an alternative, the Company has the right to propose different solutions to the user, who can therefore decide whether to proceed with the cancellation or evaluation of such proposals including, by way of example but not limited to, the possibility of making a product reservation with postponed delivery. 30 working days starting from the same or the possibility for the buyer to complete the order of the product and to receive the same within 120 working days from the date of payment.
5. Prices and Payment Methods
5.1. The prices of the Products marketed on the Site are in Euros. Delivery is free on the Italian territory, except for the smaller islands or in any case for certain destinations for which an additional contribution may be requested, indicated in the order phase or in any case within the following 48 working hours by email.
5.2. The Company reserves the right to modify at any time the price of the Products marketed on its Site, which is presumed to be correct except for errors - including computer errors - and omissions.
5.3 . For the payment of the price of the Products, the user can choose one of the methods indicated in the procedure for forwarding the purchase order, accepting the relative costs.
5.4. For the payment, the user can follow one of the methods indicated in the procedure for forwarding the purchase order which can be reached from the address www.arredamentiinstile.com and which are summarized below:
5.5. Credit card. The payment will pass through the GestPay system of Banca Sella by credit cards of the VISA, Mastercard, American Express circuit. The total amount due by the user to the Company is debited at the time of the order transmission.
5.6. Debit card . Payment by debit cards (by way of example Postepay) does not involve any additional charge on the cost of the Products; it can only be made by the holder of the valid card at the time of ordering the Products and the name on the card must be the same as indicated on the billing data.
5.7. The Company uses the secure payment service of Banca Sella Spa 3
which involves the use of SSL security protocols. Confidential credit card data (card number, holder, expiry date, security code) are encrypted and transmitted to the manager. The Company therefore does not have access to and does not store the credit card data used by the user to pay for the Products and expressly disclaims any liability in this regard.
5.8. Online bank transfer. The payment of the Products purchased on the Site can be made by bank transfer, by online transfer with MYBANK or by SOFORT BANK transfer.
Following the online transfer with MYBANK, the procedure outlined below must be followed:
to. The user must select MyBank as the payment method and enter the name of their bank. You will be automatically redirected to your online banking service;
b. Enter the usual access codes to the online banking service. Payment details will be shown for further verification;
c. Authorize the transaction. In a few seconds the user and the seller will receive confirmation of payment;
d. The order is successfully processed and the products or services you purchase will be sent to you.
5.9. Ordinary bank transfer. In the event of impossibility of payment by online bank transfer, the possibility for the user to pay by ordinary bank transfer is reserved.
Upon completion of the purchase, the user will receive an email confirming receipt of the order. Within 5 working days, the user must reply to the purchase order confirmation email, attaching the accounting copy. Only upon receipt of this communication, subject to successful completion of the actual credit to the Company's account, will the latter consider the payment made and process the purchase order.
5.10. PayPal. The payment of the purchased Products can be made through the PayPal payment solution. In this case the user will be redirected to the site www.paypal.it where he can pay for the Products according to the methods, forms and terms provided by PayPal. The data entered on the PayPal site will be processed directly by the same and not transmitted to the Company.
5.11. Cash on delivery (valid only for Italy). The payment of the products purchased on the Site can be made by the user or by his delegate for delivery, limited to the Italian territory, by choosing the method of payment on delivery, exclusively for orders over € 150.00, paying a deposit to by bank transfer equal to 10% of the total amount. Upon completion of the purchase the user will receive a
e-mail confirming receipt of the order. Then the user must reply to the purchase order confirmation email by attaching the accounting copy. Only upon receipt of this communication, subject to successful completion of the actual credit to the Company's account, will the latter consider the payment made and process the purchase order.
Upon delivery of the Product / s, the user or his / her delegate will make the remaining part of the payment in cash or cashier's check including the costs of the service equal to € 14.00 (fourteen). In the case of payment in cash, the maximum amount of the order cannot exceed € 3000.00 (three thousand euros / 00) or for higher amounts by bank draft. For higher amounts, the user will be contacted by the BRTSpa company in order to obtain a photocopy / scanned copy of the cashier's check made out to the same company. Unless the verification of the photocopy / scanned copy is successful, the package will be delivered.
5.12. The payment of the purchase order can also be completed through the Giropay system and through Idealo. The information relating to the payment methods covered by this paragraph can be modified by the Company at any time and the shipment of the products will be made only after the Company has received the actual credit. The delivery terms, therefore, will start from that date.
6. Purchase of Products
6.1. The purchase contract is subject to the termination condition of non-payment of the total amount due within 7 (seven) days from the order. In case of non-payment, therefore, the contract will be terminated by law.
6.2. The ownership of the Products will be transferred to the user at the time of shipment to be understood as the moment of delivery of the product to the customer. The risk of loss or damage to the Product for reasons not attributable to the Company will be transferred to the user when he or a third party, who qualifies as the courier's delegate, materially comes into possession of the Product. The delivery receipt will be valid.
The customer who receives a package with damaged packaging must ensure that he accepts the same with reserve "for damaged packaging".
In the event of damage to the Product during the transport phase of the same, the customer, having opened the intact packaging, has the obligation to report the damage to the email address email@example.com attaching suitable photographic documentation no later than 8 days from the date of receipt of the Product 4
The Company will arrange for the collection to be made at the destination indicated at the time of purchase. After collection, the Company reserves the right to assess the damage as a result of which the customer will alternatively be offered: repair of the same or replacement of the product; if the product is not available and the repair is not convenient, short-term reordering (by way of example and not limited to within 30 working days) or long-term reordering (by way of example and not exhaustive within 120 working days) may be proposed .
The customer has the right to communicate the rejection of the proposals outlined above with consequent termination of the contract and issue of the refund within 30 working days from the communication in the manner used for the purchase.
If, at the outcome of the verification by the Company, the Product is not assessed as damaged, the entire amount of the costs relating to transport will be charged to the customer.
7. Delivery methods, costs and terms
7.1. Each shipment contains:
to. The Products ordered;
b. The relative transport document and the purchase receipt or the relative invoicing;
c. (if any) Information and marketing material.
The Company will not be held responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order or attributable to the courier. For the issue of the invoice, the information provided by the user at the time of the purchase order will prevail. No change in the invoice will be possible after the issue.
7.2. The products purchased on the Site will be shipped in the Italian territory at the indicated rates, from Monday to Friday. The user can follow the progress of the order that the selling company will communicate to the email used to place the purchase order. The user can also follow the progress of the shipment through the Qaplà platform following the sending by the Company of an email with the contact details of the aforementioned company. In no case is delivery to the floor planned. Delivery times depend on the courier and in no case can any delays be attributed to the Company.
The costs for shipments to Europe are indicated for each product in the appropriate form on the Site.
7.3 Shipments abroad may take place with different couriers depending on the country of destination in order to ensure the customer the best available rate including, by way of example, UPS and DB
Schenker. Shipping to Europe is subject to a fee by express courier within 21 days of completing the purchase order. For shipments abroad the user, at an additional cost of € 3, can select the "delivery by appointment" method.
7.4 . Upon delivery of the goods, the user is required to carry out a thorough check of the packages, indicating on the delivery receipt the acceptance with reserve and describing any anomaly found. In case of lack of specific annotations, the Company will not be liable for any damage, which is presumed to be caused by the user after delivery.
8. Right of withdrawal
8.1. Without prejudice to the provisions pursuant to art. 59 of the Legislative Decree 6 September 2005, n. 206 (Consumer Code), including but not limited to the "supply of goods made to measure or clearly personalized", the user has the right to withdraw from the purchase contract within 14 days.
8.2. The 14-day term starts from the day on which the consumer / user or a third party, other than the carrier and designated by the consumer / user, acquires physical possession of the goods or:
to. In the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
b. In the case of delivery of a good consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;
8.3. To exercise the right of withdrawal, the user is required to inform the Company with an explicit declaration of withdrawal by submitting the forms prepared by the Company and present in their personal area duly filled in or by sending an email to the address: firstname.lastname@example.org.
The date of effective receipt of the communication by the Company will prevail. If the user makes use of the explicit declaration of withdrawal, he must indicate the order number, Product / s for which he / she intends to exercise the right of withdrawal and his / her address. Pursuant to art. 54 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal before the expiry of the withdrawal period rests on the consumer / user. For this reason, it is in the user's interest to use a durable medium when the same communicates its withdrawal to the Company. 5
8.4. Upon receipt of the notice of withdrawal, the Company will communicate the address to which to send the goods, at the user's expense, in their original packaging, undamaged and free of any sign of wear and tear that could affect their use and future sale. .
Once received, the Products will be carefully checked and a specific communication will be sent to the user of acceptance or reasoned refusal of the withdrawal.
The responsibility for any damage during transport for the return of the products is borne by the customer / user
8.5. In case of acceptance, the Company will reimburse the cost incurred for the purchase, using the same payment method
8.6. In case of refusal, the Company will motivate this choice and will make the Products available to the user, who can collect them at the address and at the times communicated. By way of example and not limited to, the withdrawal of goods that have undergone wear and / or alterations, goods shipped without original packaging (as per delivery) and / or with packaging that is not adequate to guarantee safe transport will not be accepted;
8.7. The user is responsible for the decrease in the value of the Product following manipulation of the same other than what is strictly necessary to establish the nature, peculiarity and functioning of the Product. The user will have the burden of keeping, inspecting and handling the product diligently and providing for the return in full integrity and suitability for use of the same, fully functional, complete in all its parts, in all its accessories, with illustrative sheets, disposable identification tags, labels and seals attached to the Product.
In the event of a decrease in the value of the Product, adequate notice will be given to the user and the amount of the refund will be reduced by this decrease in value.
9. Legal Guarantee, Conformity and after-sales assistance
9.1. The products marketed by the Company are handcrafted and not subject to serial reproductions. Therefore, slight imperfections of production, carving, non-uniformity or relative to the application of the coloring are not considered manufacturing defects but peculiarities of the product in this way preventing an indication of the same as defective or not conforming to the description.
9.2. The Company is responsible for any lack of conformity of the Products ordered pursuant to and for the purposes of what is expressly provided for by Italian law.
9.3. Any lack of conformity must be reported by the user to the Company within the terms of the law.
9.4. To take advantage of the Warranty, the user must provide proof of the date of purchase of the Product and of its delivery. The user, therefore, for the purposes of this test must keep the confirmation of the purchase order, the invoice relating to it and any other suitable document to certify the date of purchase and the date of delivery of the Product.
9.5. The user must forward the complaint relating to the lack of conformity of the Product to the address email@example.com within the terms established by law.
In the event of a lack of conformity duly reported, the user will have the right:
to. to the repair or free replacement of the Product unless the remedy is objectively impossible or excessively expensive compared to the other;
b. At his choice, to reduce the price or terminate the contract in the event that the repair or replacement is excessively expensive or the repair or replacement has not been carried out by the selling company within reasonable terms or the repair or replacement has caused significant inconvenience for the consumer.
Pursuant to art. 130 of the Consumer Code, the remedy charged to the selling company is excessively burdensome when it imposes unreasonable expenses on the same subject compared to the other in comparison to the alternative remedies that can be implemented taking into account:
to. Of the value that the asset would have if there was no lack of conformity;
b. The extent of the lack of conformity;
c. The possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.
Upon receipt of the compliance report, the Company will communicate the address to which the goods should be sent, at the user's expense, in their original packaging, undamaged and free of any sign of wear that could affect their use and future sale. .
The responsibility for any damage incurred by the product during transport for return lies with the user.
In any case, the Company reserves the right to evaluate the compliance report of the product no later than 72 hours after the return and to promptly notify the user.
9.6. The products marketed on the Site may be covered by a conventional guarantee issued by the manufacturer. The user can only invoke this guarantee against the manufacturer and 6
not towards the Company. In the cases governed by this paragraph, the duration, extension, conditions, methods, type of defect or damage covered and the limitations are those indicated by the manufacturer in the warranty conditions.
10.1. Each customer can receive assistance by contacting the Company's Customer Service with the following methods and contact details:
to. By phone, at +39 340 5773429
b. By email, to the email address firstname.lastname@example.org
c. On the website www.arredamentiinstile.com, by clicking on the "contacts" section at the foot of the homepage;
11.1. The Company protects the privacy of its customers in accordance with the provisions of Legislative Decree 30 June 2003 n. 196 and by EU Regulation 679 of 2016.
11.2. The Company processes the data provided in the context of business relationships and relationships. The company also processes data legitimately provided by information agencies, creditors' protection associations, publicly accessible sources (e.g. business registers, association registers, land registry, media), as well as - possibly - other companies with which maintains a permanent business relationship.
Personal data includes:
The main data / contact details, more precisely:
to. As a private customer: name and surname, address, contact details (e.g. e-mail address, telephone number, fax), social security number, date of birth,
b. As a corporate customer or supplier: name of the legal representative, company, VAT number, company code, address, contact details of the contact person (e-mail address, telephone number, fax), bank details.
The additional data processed are:
to. Information relating to the nature and content of commercial relationships, more precisely information relating to contracts, assignments, sales and receipts, customer and supplier histories, consultation documents,
b. Advertising and sales data,
c. Documentation data (e.g. consultation protocols), images,
d. Information resulting from electronic transactions with the Company. (e.g. IP address, login data),
is. Any other data received as part of our business relationship (e.g. interviews with customers),
f. Data to be generated based on main data / contact data and other data, analyzing, for example, the needs or potential of customers.
g. Documentation of your declaration of consent to receive, for example, newsletters.
h. Common data of customers, suppliers, employees, consultants and third parties necessary for the employment relationship and the pursuit of the legitimate corporate interest as required by art. 6 GDPR and by Recital n. 47:
the. Sensitive and / or judicial data of employees resulting from the employment relationship and relating to relations with social security and welfare institutions, for which consent has been expressly given;
L. Subject to express consent, sensitive data of customers, suppliers and third parties.
11.3. Personal data are processed:
to. without express consent (Article 24 letter a), b), c) Privacy Code and art. 6 lett. b), e) GDPR), for the following Service Purposes:
- conclude the contracts for the services of the Owner;
- fulfill the pre-contractual, contractual and fiscal obligations deriving from existing relationships with you;
- fulfill the obligations established by law, by a regulation, by community legislation or by an order of the Authority (such as in the field of anti-money laundering);
- exercise the rights of the owner, for example the right to defense in court;
b. Only with specific and distinct consent (articles 23 and 130 of the Privacy Code and article 7 of the GDPR), for the following Marketing Purposes:
- sending by e-mail, post and / or text message and / or telephone contacts, newsletters, commercial communications and / or advertising material on products or services offered by the Data Controller and detection of the degree of satisfaction with the quality of services;
- sending commercial and / or promotional communications from third parties (for example, business partners, insurance companies) by e-mail, post and / or text message and / or telephone contacts.
Furthermore, the company reserves the right to send commercial communications relating to the Controller's services and products similar to those already used, except for dissent (Article 130 c. 4 of the Privacy Code). 7
- Product recommendations via e-mail: In compliance with the legal provisions provided for by national and supranational legislation in force, the Company has the right to use the e-mail address provided when ordering a product or service such as direct advertising channel for similar articles or services. In the event that, subsequently, you no longer wish to receive our advice by e-mail, you can revoke your consent to the use of your address at any time without incurring transmission costs other than those foreseen according to the basic rates. To do this, please contact the contact indicated in point 1. Of course, each e-mail also contains a link to unsubscribe.
- Newsletter: To send the newsletter, the company uses the so-called "double opt-in" procedure, meaning that a newsletter will be sent by e-mail only if previously expressly confirmed the desire to activate the newsletter service during the registration procedure. It will therefore be the company's responsibility to send an e-mail notification, through which it is possible to confirm that you want to receive our newsletters by clicking on the appropriate link contained in the text of the same.
In the event that, subsequently, you no longer wish to receive our newsletters via e-mail, the consent to use can be revoked at any time without incurring transmission costs other than those provided for according to the basic rates. Just send a written notification to the Company
11.5. Pursuant to and for the purposes of art. 12 of the Legislative Decree 9 April 2003 n. 70, each purchase order sent to the Company is stored digitally on the server located at the headquarters of the same selling company in compliance with the security and confidentiality criteria in force in the Italian legal system.
12. Applicable law and settlement of disputes
12.1. These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it.
12.2. Any disputes inherent and / or consequent to the application, execution and interpretation of the
these GCS will be resolved exclusively by the Messina forum, unless otherwise provided by law.
12.3. The Company informs the user / consumer who has submitted a complaint directly to the Company, without having reached an agreement, that the same Company reserves the right to make use of alternative bodies - Alternative Dispute Resolution (ADR) - for out-of-court resolution. of the dispute relating to the conclusion of a contract according to these General Conditions of Sale.
The European telematic platform for the online resolution of consumer disputes (ODR platform) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Using the ODR platform, the user can consult the list of ADR bodies, find out the link to the site of these bodies and start a procedure for resolving the dispute in which he is involved.
12.4. If the value of the dispute does not exceed, excluding rights, interest and expenses, € 2,000.00 (two thousand euros //), the user residing in a Member State of the European Union other than Italy can access - for disputes covered by the preceding paragraphs - to the European procedure for small claims pursuant to and for the purposes of Regulation no. 861/2007 available at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=celex%3A32007R0861
12.5 For anything not regulated by these Conditions, reference will be made to the current legislation.