1) PROPOSAL TO PURCHASE AND CONCLUSION OF THE CONTRACT.
Le presenti condizioni generali di vendita hanno per oggetto l’acquisto di prodotti effettuato a distanza tramite rete internet sul sito www.larcolaio.it appartenente a:
con sede in Zona Mazzone 64020 S. Nicolò a T.
Numero REA: 86485
These conditions can be updated or modified at any time by L'Arcolaio srl and the consumer / purchaser undertakes and undertakes to take note of them before making any order. The contract will be concluded directly through access by the consumer / buyer to the website corresponding to the address www.larcolaio.it, where, following the indicated procedures, he will come to formulate the proposal for the purchase of products.
The contract is concluded with the acceptance of the order by L'Arcolaio srl and the consumer / buyer will receive the notification of acceptance by email.
All purchase orders sent to L'Arcolaio srl must be completed in all parts and must contain the elements necessary for the exact identification of the customer, the products ordered and the place of delivery of the goods.
With the transmission of the order, the consumer / buyer declares to have read all the information provided to him during the purchase procedure and to fully accept the general and payment conditions. In case of non-acceptance of the order, L'Arcolaio srl will promptly communicate it to the consumer / buyer.
Once the online purchase proposal has been made, the consumer / buyer must print or save an electronic copy and, in any case, keep these general conditions of sale in compliance with the provisions of Legislative Decree no. 206/2005 on sales remotely.
Any right of the consumer / buyer to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things as a result of the non-acceptance or fulfillment, even partial, of an order. Communications to L'Arcolaio srl must be made exclusively to the address indicated above or by e-mail (email@example.com).
2) SALE PRICES AND PURCHASE METHODS.
All sales prices of the products displayed and indicated on the website are inclusive of VAT. The sales prices are considered valid until the communication of acceptance of the purchase proposal.
The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained of.
With the transmission of the purchase proposal, the consumer / buyer gives his consent to the use by L'Arcolaio srl for remote communications, by means of telephone, e-mail or fax.
3) PAYMENT METHODS
All the selling prices of the Products indicated on the Site are expressed in Euro and include VAT. The prices applied are those indicated on the Site at the time of the purchase order by the Customer, without any consideration of price increases or decreases that may have occurred subsequently. The issue of the tax document (tax receipt or invoice) will take place when the order is processed.
The customer can make the payment by credit card belonging to one of the following circuits: Visa (or Nexi), Mastercard, American Express.
The transaction will be carried out in compliance with banking security rules and the data communicated by the consumer (buyer).
4) AVAILABILITY OF PRODUCTS.
If an order exceeds the quantity of product stored in the warehouse, L'Arcolaio srl will agree directly with the consumer / buyer on the best solution to resolve the inconvenience caused, providing by e-mail all the necessary information on the product and on the time expected for the supply of the same.
5) DELIVERY METHODS.
The Arcolaio srl will arrange to have the selected and ordered products delivered to consumers / buyers by couriers and / or shipping agents affiliated with the company.
The shipping service is active in the following countries: Italy, Austria, Belgium, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Luxembourg, Holland, Portugal, Monaco, the United Kingdom, Spain, Sweden.
In the event that a parcel arrives that is not intact or damaged or with obvious signs of tampering, it is necessary to point out the irregularity to the courier staff who delivers the parcel and sign the transport document by adding the words "WITH RESERVE". This formality will allow you to protect yourself in case of any type of anomaly found after opening the neck (broken or missing pieces). In this case, the event must be reported by fax or e-mail to L’Arcolaio srl.
The Arcolaio srl must be considered exempt from any liability for loss or damage to the goods from the moment it is delivered without reservation to the courier for transportation.
Any delays in the delivery of the goods cannot be attributed or attributable to The Arcolaio . Nor, in any way, The Arcolaio can be held responsible for damage caused by the courier, in relation to the delayed delivery of the goods, to the customer or to third parties.
If a product other than the one ordered is sent to the consumer / buyer, L'Arcolaio srl will replace the incorrectly sent product with the one ordered. In this case, the consumer / buyer must contact, within 5 days, L'Arcolaio srl by e-mail, by fax or by telephone communicating the incident. Arcolaio srl will provide the necessary instructions for replacing and returning the wrong product. In the event that the requested product is not available, L'Arcolaio srl will re-credit the amount paid. The wrong product must be returned intact, therefore intact and sealed in its original packaging, with adequate external packaging, to prevent it from being damaged during transport. In the event that the returned product shows signs and has been opened in its packaging by cutting the original seals, the replacement procedure will not be activated.
6) SHIPPING COSTS.
There is a single shipping rate, quantified on the site at the time of purchase, for orders with delivery addresses throughout Italy. There is a different single shipping rate, quantified on the site at the time of purchase, for orders with delivery address in one of the other countries indicated in article 5).
7) RIGHT OF WITHDRAWAL
Sales of products via the Internet are governed by Legislative Decree 206/2005 (Consumer Code) which regulates the matter of distance contracts, that is, made outside of business premises.
The customer has the right to withdraw without any penalty within 14 days from the day of receipt of the goods by written communication sent by certified email to firstname.lastname@example.org, specifying the order number, the name and surname of the the holder of the Order, the products for which you intend to exercise the withdrawal.
Alternatively, the communication can be sent, within the same term, by registered letter with acknowledgment of receipt or by telegram or fax on condition that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
The goods must be returned to L’Arcolaio srl , without undue delay and in any case within 14 days from the date on which the customer communicated his decision to withdraw. The only costs payable by the customer for exercising the right of withdrawal are the direct costs of returning the goods to L'Arcolaio srl .
L'Arcolaio srl will reimburse all payments received (including shipping costs and excluding any customs duties, where applicable) without undue delay and in any case no later than 14 days from the day on which it is informed of the decision to withdraw.
The refund can be suspended until the goods are received or until The Arcolaio has received proof of the return of the goods, and will be made using the same means of payment used for the initial transaction, unless the parties have expressly agreed otherwise.
To be entitled to a refund The goods must be intact in all its parts, including the packaging, and not used or tampered with. Returns on delivery will not be accepted under any circumstances.
The returned goods travel under the responsibility of the customer who will have to make sure that the goods arrive in perfect condition.
The right of withdrawal is lost if the returned product is not intact, or it is found:
- Lack of the original packaging;
- Absence of integral elements of the product (accessories, instruction manuals etc.);
- Damage to the product for reasons other than transport.
Furthermore, the following articles are excluded from this right:
- Custom-made or clearly personalized items.
- Sealed items that are not suitable for return for hygienic reasons or related to health protection and that have been opened after delivery. These goods include the products that have contact with the body for which the Arcolaio guarantees that, if already sent once, they cannot be sold again.
The Consumer Code provides for the protection of the consumer the legal guarantee of conformity of the consumer goods, according to which the seller is responsible towards the consumer for any lack of conformity existing at the time of delivery of the goods, when this defect occurs within the term of two years from the delivery of the goods.
In case of lack of conformity, pursuant to art. 130 and 132 of the Consumer Code, the Customer has the right to restore the conformity of the Product at no cost by repair or replacement or to an adequate reduction in the price or to termination of the contract. The Customer forfeits these rights if he does not report the lack of conformity within two months from the date on which he discovered the defect. The direct action to assert the defects is prescribed, in any case, within twenty-six months from the delivery of the Products.
9) OBLIGATIONS OF THE PURCHASER.
It is strictly forbidden for the consumer / buyer to enter false and / or fantasy data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively their real personal data and not of third parties or fantasy.
Arcolaio srl reserves the right to legally prosecute any violation and abuse in the interest and for the protection of all consumers.
The consumer / buyer relieves L'Arcolaio srl of any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the consumer / buyer, being himself solely responsible for the correct insertion.
10) LIMITATIONS OF LIABILITY.
The information relating to the Products is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Arcolaio srl cannot be held responsible, except in cases of willful misconduct or gross negligence.
L'Arcolaio srl reserves the right to correct any errors, inaccuracies or omissions even after an Order is sent, or to modify or update the information at any time without prior communication, without prejudice to the rights of the Customer pursuant to these General Conditions and applicable legislation.
Except in the case of willful misconduct or gross negligence, any Customer's right to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by non-acceptance or evasion , even partial, of an Order and from the sale of the Products.
The Seller also declines all responsibility for direct or indirect damages of any nature, whether they are or in any form they arise, resulting from the use of the Site and / or the news, photos and information contained therein.
Any dispute relating to the application, execution, interpretation, and violation of purchase contracts entered into online through the website is subject to Italian jurisdiction.
All disputes that may arise between the Seller and a Consumer Customer in relation to these General Conditions and / or individual purchase orders will be devolved to the exclusive jurisdiction of the Consumer Customer's place of residence or domicile, where located in the Italian territory; in all other cases, territorial jurisdiction will be devolved exclusively to the Court of Teramo.
12) TREATMENT OF PERSONAL DATA
The customer's data are processed by L 'Arcolaio srl in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the appropriate section.