ARTICLE 1 – Definitions
In the present general conditions of sale (the “General Conditions”), the terms not otherwise defined will have the meaning assigned to them below:
“Ceramichecaltagirone” means the on-line sales shop, published on the Site, called “Ceramichecaltagirone” and managed by V.A.
“V.A.” means Villa Arredi di Casa ‘Domenico with registered office in Viale L. Sciascia, 186 92100 Agrigento, registered in the Register of Companies of Agrigento with VAT number No. 01673800841
“Customer” means any person, whether or not it has completed the registration procedure, that navigates within the Site, including those acting as a Registered Customer or Consumer Customer.
“Consumer Customer” means the natural person acting for purposes unrelated to the business, commercial, craft or professional activity carried out, as defined under article 3, lett. a) of the Consumer Code.
“Registered Customer” means the user who has successfully completed the registration procedure on the Site, who has chosen his nickname and password to access, among others, the appropriate section reserved for Registered Customers. The Registered Customer has the right to browse the Site and to use all the Services from time to time available on the Website.”Consumer Code” means the Legislative Decree 6 September 2005, n. 206.
“Content” means all the information, videos, images, sounds, music, photographs, software, newsletters (containing useful news aimed at the use of the Service and to be understood, for this, an integral part of this), the animations, the databases, the design and the contents, the brands, the logo, the technical solutions adopted, the graphic realizations, the look & feel, the structure and any other part already realized or to be realized, whether registered or not, covered or not copyrighted or legally protected, published on the Site or any other material (in any form) or service that is made available through the Site or by VA to Customers, including information sheets relating to Products or Services, images or descriptions relating to Products or Services as well as brands or logos of third parties that are manufacturers or suppliers of Products or Services.
“Contract” means, jointly, these General Conditions of Sale (including any document referred to in these General Conditions), any further conditions published on the Site, the additional rules, directives, codes of conduct and / or instructions on the individual cards Products or, however, published on the Site as well as any registration form or Purchase Order issued by the Customer and accepted by VA
“Business Day” means each calendar day with the exception of Saturday, Sunday and other days when credit institutions operating in the square of Agrigento are not, as a rule, open to the public for the conduct of their normal business;
“Purchase Order”: means the order for the purchase of Products issued by the Customer, in accordance with the purchase procedure referred to in Article 3 below.
“Product” means every product offered for sale by V.A. on the site.
“Site means, the Internet site www.ceramichecaltagirone.com
Article 2 – Object
2.1 The Contract contains the terms and conditions governing:
– the purchase and sale of Products purchased by the Customer through the Website;
– the Customer browsing the Website and using all the features made available to the Customer through the Website.
– Any purchase of Products made by (A) a Customer, acting as a Consumer Customer, will be regulated, as well as by the Contract, also by the provisions of the Consumer Code and Legislative Decree no. 70/2003, as applicable;
Article 3 – REGISTRATION ON THE SITE AND ACCEPTANCE OF THE GENERAL CONDITIONS
3.1 The Customer who intends to act as a Registered Customer must complete the registration procedure on the Website by providing the requested information and personal data and indicate an e-mail address .VA will provide to send an e-mail confirming the registration to the address of e-mail provided by the Customer Registered during the registration process.
3.2 The Registered Customer is obliged to read carefully these General Conditions and, in general, the terms and conditions of the Contract which can be viewed and printed during the registration process also through access to a pop-up or hypertext link; the Customer is obliged to accept these terms and conditions by clicking in the box marked with the words “I accept the terms and conditions of use”.
3.3 The Customer expressly authorizes V.A. to send to this e-mail address, also through appropriate links to the relative pages of the Website, this Contract, including the relevant General Conditions, any particular conditions, as well as all communications relating to the execution of this Contract. The Customer acknowledges that the present Contract, including the relevant General Conditions, any particular conditions and all the relative modifications from time to time in force, can be printed on paper or downloaded by the Customer.
ARTICLE 4 – PURCHASE ORDER, Conclusion of the contract, order status
4.1 Sending the Purchase Order by the Customer
Offers of Products on Ceramichecaltagirone or, in general, on the Site are not binding for V.A. and do not constitute an offer to the public, but constitute an invitation to the Customer to submit to V.A. Purchase Orders for Products.
The Contract must be examined by the Customer before formulating any Purchase Order for Products or Services. Without prejudice to the provisions of the preceding art. 3 for the case of Registered Customers, the sending of a Purchase Order by the Customer implies full knowledge and acceptance of these General Conditions and of the Contract in general.
Purchase Orders must be completed using the electronic form made available in the appropriate section of the Site, and must be sent to V.A. through the Website itself, according to the procedures indicated therein.
Each Purchase Order sent by the Customer will have the value of a binding contract proposal pursuant to art. 1326 c.c ..
Before sending the Purchase Order, V.A. will provide the Consumer Customer with the information (relating to the Products purchased) set forth in art. 52 of the Consumer Code as well as by art. 12 of Legislative Decree 9 April 2003, n. 70.
4.2 Confirmation of receipt of the Purchase Order by V.A.
After sending your Purchase Order for Products or Services, the Customer will receive an email from V.A. with which the latter will inform the customer that he has received the same Purchase Order, indicating the relative identification number.
With the aforementioned e-mail, V.A. it will also summarize the unit cost of each Product chosen, the total order line, the total cost of the order (in case of purchase of several Products) and any costs for the Services (ie transport, shipping and installation).
Upon receipt of the confirmation email referred to above, the Customer can verify the correctness of the data, the Products and Services purchased and, possibly, report anomalies and / or errors or request information by sending an email to firstname.lastname@example.org
4.3 Acceptance of the Purchase Order and conclusion of the Contract
Article 5 – Rules and conditions to exercise their right of withdrawal according to the legislative decree 22/5/99 n. 185
IT GOES. recognizes the right of withdrawal as required by current legislation.
RIGHT OF WITHDRAWAL
The Consumer Customer, as defined by the art. 3 of the Consumer Code, has the right to withdraw from the Contract within 14 days of receipt of the product purchased by registered letter with return receipt, before the expiry of the withdrawal period, addressed to:
Ceramiche Caltagirone by Domenico Casà
Viale L.Sciascia, 186
Alternatively, the Customer may send the Notice of Withdrawal, within the Withdrawal Period indicated below, by e-mail to email@example.com
The Notice of Withdrawal must contain the wish to withdraw from the Purchase Contract and specify the Product (s) for which it intends to exercise the Right of Withdrawal.
The customer can avail himself of all the rights referred to in articles. 52 and ss. of the Consumer Code, as amended by Legislative Decree n. 21 of 21/02/2014, therefore has the right for any reason and without any penalty, within 14 (fourteen) days from the day on which the Consumer or a third party designated by the consumer and different from the carrier, receives the product / s .
The Notice of Withdrawal must contain the wish to withdraw from the Purchase Contract and specify the Product (s) for which it intends to exercise the Right of Withdrawal.
The right of withdrawal is the possibility given to the Customer / Consumer to dissolve the contractual agreement unilaterally, returning the purchased good and obtaining the return of the paid price. It can be exercised in relation to contracts for the purchase or sale of goods or services concluded at or away from commercial premises, between consumer (the natural person who buys the good / service for purposes not related to his professional activity and who does not make the purchase indicating a reference to VAT number) and professional, and only from the former against the second, not the other way around.
As required by law, the Customer / Consumer will be responsible for the decrease in the value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the same.Therefore, it does not apply to all goods purchased directly in the shop, of which the buyer has previously had a preliminary vision and the possibility of acknowledging all the characteristics: the rethinking is not recognized as a right, unless agreements prior to the conclusion of the contract taken directly with the seller.
The costs for the collection of the goods, included in the request for withdrawal, will be charged to the Customer / Consumer.
The right of withdrawal according to the decree does not cover all buyers but only consumers.
– the consumer is the natural person acting for purposes unrelated to any business or professional activity carried out “(Article 1469 bis). In essence, companies and professionals with VAT numbers can not assert the right of withdrawal for purchases made in this capacity.
by registered letter with return receipt to the address: Viale L.Sciascia, 186 92100 Agrigento
or by fax at 0922/606782
or by sending an email by filling out the contact form
To receive a refund in case of payment by credit card we will reimburse the amount paid by reversing the amount from our back office. Otherwise, it will be necessary to indicate the details of a bank account where to make the crediting (IBAN Code and holder of the Account), the crediting by bank transfer is made within 10/15 days.
To exercise the right of withdrawal it is necessary that:
the customer expresses the wish to avail himself of the right of withdrawal in the manner described above
the good purchased is intact and returned in its original packaging complete in all its parts.
the product is returned in the times and in the manner described above. The delivery costs are charged to the customer himself.
The goods, once arrived at our warehouse, will be examined to verify any damages or tampering not caused by transport. After checking the integrity of the assets, V.A. will send the Consumer Customer, by e-mail, confirmation of acceptance of the returned Product and crediting, within 30 (thirty) days from the date in which V.A. has become aware of the right of withdrawal by the Customer Consumer of the sums already paid by the latter for the purchase of the Product. . The refund refers to the price of the product, excluding shipping costs incurred by the customer.If there is no correspondence between the recipient of the Products indicated in the Purchase Order and who made the corresponding payment, in case of exercise of the right of withdrawal by the Consumer Customer, the reimbursement of the sums will be performed by VA, in any case , to the person who made the payment.
In all cases of return of goods, transport costs are charged to the customer.
IT GOES. does not respond in any way in case of damage or theft / loss of products returned by uninsured shipments.
These general conditions of sale are governed by the Consumer Code (Legislative Decree No. 206 of 6 September 2005) and by the rules on electronic commerce (Legislative Decree No. 70 of April 9, 2003, the Electronic Commerce Act) and apply exclusively to the distance sale via the Web of the Products identified on the www.ceramichecaltagirone.com website
Pursuant to art. 50 and ss. of Legislative Decree 206/2005 and Legislative Decree 70/3003, the offer and sale on the www.ceramichecaltagirone.com website integrate a remote contract, concerning the sale of Products on the website www.ceramichecaltagirone.com , between the Villa Arredi, located in Viale L.Sciascia, 186, 92100 Agrigento, VAT number 01673800841 and the Consumer.
These general conditions of sale (“General Conditions”) and, in particular, the information referred to in art. 52 of the Consumer Code, as provided by Villa Arredi, will remain valid and effective until they are modified and / or supplemented by Villa Arredi. Any changes and / or additions to the General Conditions will be effective starting from the date on which they will be communicated to the public and they will apply to sales made from that date.
The latest updated version of the General Conditions is the one on the Website.Article 6 – CHARACTERISTICS OF THE PRODUCTS
The prices of the Products published on the Site include VAT, while they do not include any transport costs or commissions.
Without prejudice to all the foregoing, V.A. reserves the right to change at any time, in its sole discretion and without notice, the price of the Products and the characteristics from time to time on the Site, without providing any guarantee regarding the fact that the sale price of the Products or Features remain available on the Site or unchanged for a certain period of time. On the contrary, and for clarity, any price that has been agreed upon following acceptance by V.A. of a Purchase Order issued by a Customer, will remain firm and unchangeable between the parties.
6.2 Description of Products
The images or photos used in support of each product description (given the nature of the product itself, modeled and painted by hand) are merely indicative and may not be fully representative of the characteristics of the product received, being able to differ in color, size or color tonality from the photos used in the kit.
The article sent would not be identical to that of the photo, because the nature of the product, modeled and painted by hand, means that each item is different from the other, thus making it a unique object. Therefore the dimensions, the decorations and the color shades, described in the photos are purely indicative.
6.4 Availability of Products
The availability of each product varies according to the product itself. The possibility for customers to submit orders online constantly changes the availability of the Products, V.A.do not guarantee the availability of the Products ordered by the Customer but reserves the right to verify it from time to time, giving notice to the Customer in accordance with Article 4 above.Article 7 – Method of making the payment
(1) Early bank transfer
In the case of delivery of the product at home, if the customer has chosen to make the payment by bank transfer, the payment can be made within 5 (five) Business Days from the date in which V.A. has confirmed the receipt of the Purchase Order pursuant to the previous art. 4.2; if the bank transfer is not received by V.A. within this period, V.A. will have the right not to accept the relevant Purchase Order or, in the event that said Purchase Order had already been accepted, the relevant Contract will be automatically resolved and ineffective and the Customer will receive an e-mail from V.A. to this end.
For the execution of the bank transfer the Client’s bank could charge a commission.
In any case, the Products object of each Purchase Order accepted by V.A. will be sent from the latter only after V.A. will see the crediting of the amount due on their current account (the bank transfer details will be provided immediately after completion of the online order).
(2) Credit card
If the Customer has chosen to make the payment by credit card among those available and indicated on-line, payment must be made at the time of sending the Purchase Order by the Customer.
The Credito Emiliano bank or other bank identified from time to time by V.A. (through the service called smart-pay) will verify automatically, when ordering, the operation of the card, providing to send an e-mail indicating the outcome of the transaction.
The amount due is actually collected by V.A. at the time of payment.
In order for a Purchase Order to be confirmed, the Customer must provide a reference telephone number where they can be contacted in order to allow V.A. any necessary checks for the security of the transaction; failing V.A. reserves the right not to accept the Purchase Order.
At no time during the payment procedure, V.A. is able to know information relating to the credit card, credit card number or financial, personal and personal information of the Customer.
The payment order is, in fact, transmitted – via a secure connection – directly to the portal of the Credito Emiliano bank or expressly indicated financial company, upon confirmation of the customer.
V: A in no case is responsible and can be held responsible for any fraudulent and illicit use of credit cards that can be made by third parties during the purchase and payment of products.(3) PayPal
If the customer has chosen to purchase through the PayPal payment method, at the end of the order, the customer is directed to the PayPal login page.
The amount owed by the Customer in relation to each Purchase Order is charged to the PayPal account at the time of sending the Purchase Order by the Customer.
For each transaction made with the PayPal account, the customer will receive a confirmation e-mail from PayPal.
IT GOES. reserves the right not to accept Purchase Orders or to suspend the execution of Contracts already concluded if PayPal signals anomalies or irregularities in payment. In this hypothesis V.A. reserves the right to request additional information from the Customer and / or sending copies of documents proving the ownership of the credit card used for the purchase. In the absence of the required documentation, V.A. reserves the right not to accept the Purchase Order or to terminate any Contract already concluded, without this giving any right to the Customer to request compensation for damages or to assert other claims.
The Customer can choose to pay the amount due to V.A. pursuant to each Purchase Order accepted by V.A. by Cash on delivery. Commission Fee € 9.90.
In this case, the payment by the Customer must be made exclusively in cash.
Payment by cash is allowed only on condition that the total value of the Purchase Order concerned is between Euro 150.00 (one hundred and fifty / 00) and Euro 999.99 (nine hundred and ninety nine / 99).
Article 8 – Security of payments
In the case of payments made online, the data provided by the Customer are transmitted in a secure manner that prevents others from reading.
The application software that V.A. uses for the management of payments through credit cards and therefore through paypal is with SSL (Secure Socket Layer), to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for security in Transactions.
To make sure you have a secure connection you need to use a browser such as Internet Explorer (5.x and later), Netscape Navigator (4.x and later), Mozilla Firefox (1.x and later), Opera, Safari or Chrome capable of transmit encrypted data with the Ceramichecaltagirone server.
To know if you are in a secure connection, simply check that there is the prefix “https” instead of “http” in the page address, and that the image of the lock visible in the bar at the bottom of the browser is “closed” .
In addition, please note that the credit card data are transmitted to the bank’s server only after the confirmation click by the Customer (for the purpose of this, it is important to underline that even VA can not view such data) .
Until then, the data remains stored exclusively on the Customer’s computer.
Article 9 – Shipping costs
. At the price of the Product purchased by the Customer for which home delivery is required, an amount must be added as shipping costs. This amount is calculated automatically by the ceramichecaltagirone system, having regard, among others, to the weight and size of the Products, but without distinction related to the place of delivery in the Italian territory. This amount will be indicated in the Purchase Order before it is sent by the Customer.
Article 10 – Delivery times.
Being handmade items, our products have delivery times that vary according to availability from 3 to 15 working days, from order confirmation.Article 11 – SECURITY
The Registered Customer is responsible for the conservation and appropriate use of all e-mails, user names, nicknames and passwords used to connect to the Site and must take all necessary measures to ensure that they are used properly and that user names and passwords are kept secret and not disclosed to any unauthorized person.
The Registered Customer is responsible for any activity that is performed by means of his / her account and is liable for damages resulting from the improper use of his / her access data by third parties.
The Registered Customer must immediately inform V.A. if there are reasons to believe that a user name (or e-mail) or password is, or is likely to be, known by someone not authorized to use them or is likely to be used in an unauthorized manner.
If a Registered Customer forgets or loses the user name, he must contact V.A, and carry out the security checks provided by V.A.
IT GOES. reserves the right to suspend user name (e-mail), nickname and password for accessing the Site, if it believes there is – or is likely to be – a problem of security or unauthorized use of the same.
The Registered Customer is responsible for the veracity of the information and personal data provided at the time of registration. The Registered Customer must immediately inform V.A. of any change in the information and personal data provided at registration or directly provide, if possible, their updating, so that this information and personal data are constantly current, accurate, complete and truthful. In the case in which they are provided, or V.A. has a well-founded suspicion that false, inaccurate or incomplete information or personal data has been provided, V.A. will have the right to prevent the use of the Website by the Registered Customer.ARTICLE 12 – USING THE SITE
The Website, the Products, and the functions made available or purchased through the Website are provided exclusively for the personal use of the Customer. The Customer can not resell or attempt to resell Products, Services, Contents or functions made available or purchased through the Site to any third party, nor use the Site for the purpose of carrying out business activities or in any case for professional or commercial purposes, including the advertising, promotion, placement or any other form of marketing of Products, Services or Content made available through the Site, without the prior written consent of VA
The Client must not copy, modify, transmit and distribute externally, publicly display, download, print or publish any part of the Website or the Content for commercial purposes. The Site may only be used for the Customer’s personal purposes and in accordance with this Agreement.
The User can not in any way modify or modify the editing, the graphics, the lay-out or the “look and feel” of any web page within the Site having to understand that these will be defined by V.A. or on behalf of V.A. in his sole opinion. IT GOES. you will have the right to enter your trademark, trade name, logo, ideogram, or other distinctive sign of V. A third party as well as to insert advertising banners, hyperlinks or other forms of advertising in its total discretion within each web page inside the Site.
The Customer must not exploit or use the Website, or any Content, in such a way as to cause detriment to V.A. or to third parties. In particular, the Ciente is obliged to refrain from using the Site or the Contents to perform activities in competition, or in any case in such a way as to cause damage or prejudice to the interests, even economic, or to the image of VA, of other Clients or third parties.
The User is solely responsible for the evaluation of any Product or Service present on the Website.
IT GOES. assumes no responsibility for personal data or information or other content that may be sent, disseminated, uploaded or downloaded by the Customer or any third party through the Site. In the event that the Site allows the Customer to make comments or opinions about Products, Services or functions made available through the Site, the Customer undertakes to ensure that said comments or opinions refer specifically to the activity of the economic operator being commented and refer to specific and detailed facts. Without prejudice to the foregoing, V.A. reserves the right not to disclose, remove from the Site or modify without any prior notice, any content made available by the Customer of which it has become aware, as well as any other content published by third parties that constitutes or may constitute a violation of this Contract, of mandatory laws or third party rights or in cases where VA believes in good faith that such information or content constitutes a violation of this Agreement or the law.
The Customer must hold V.A. from any claim or legal action initiated or threatened against V.A. by third parties as a result of the Site or its functions being used by the Customer in violation of this article and in violation of any other provision of this Agreement.
ARTICLE 13 – Intellectual Property.
The intellectual property rights relating to the Website or the Content are and remain in the exclusive property of V.A. or its licensors.
The Customer is expressly forbidden to copy, modify, create works or works derived from or based on the Site, the Content or the software.
The Customer is expressly forbidden to download, copy, reproduce, duplicate or otherwise use or disclose any trademark, trade name, logo, ideogram, or other distinctive sign relating to ceramichecaltagirone.com or its products.
Article 14 – Protection of personal data.
The information prepared pursuant to art. 13 of Legislative Decree no. 196 of 30 June 2003 (the so-called Code regarding the protection of personal data) is to be considered an integral part of this Contract.
Data controller in the Privacy Act: Casa ‘domenico
c / o Villa Arredi- Ceramichecaltagirone.com
Viale L.Sciascia, 186
92100 Agrigento (Italy)
Article 15 – COMMUNICATIONS AND TROUBLESHOOTING
Any communication relating to these General Conditions or, in general, to any Contract signed with V.A. must be sent by mail, fax or e-mail to the following addresses:
c / o Villa Arredi- Ceramichecaltagirone.com
Viale L.Sciascia, 186
92100 Agrigento (Italy)
For any telephone assistance related to CeramicheCaltagirone.com, please contact the number 0922-606782 from Monday afternoon to Saturday (excluding holidays) from 9.00 to 13.00. and from 16.00 to 20.00.
Article 16 – Jurisdiction and competent court
The Contract is governed by Italian law.
For any dispute concerning the validity, effectiveness, interpretation or execution of each Contract and, in general, relating to the navigation on the Site by the Customer or to the use of any functionality made available to the Customer through the Website, will be competent in exclusive the Forum of Agrigento, except for the obligatory forum of the place of residence or elective domicile of the Customer acting as Customer Consumer, in accordance with the Consumer Code.