General conditions of sale for consumer customers
These general conditions of sale govern the purchase of products and services carried out remotely through the Internet on the site “desceramiche.it”.
Before sending the order, the Customer is required to carefully read these General Conditions, made available on this site to allow them to be read, memorized and archived.
Except as otherwise provided in the Agreement, the following terms and expressions correspond to the equivalent meaning:
a) Des Ceramiche, P.I. 03484710920 with registered office in Via Sulcitana, 9 – 09067 Elmas (CA) – Sardinia – ITALY.
b) “Site” or “Website” = the site accessible at the link, owned by Des Ceramiche.
c) “Customer” = the natural person who concludes the contract for the purchase of one or more Products.
d) “Consumer” or “Consumer Customer” = the Customer (natural person) who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
e) “Professional” or “Professional Client” = the Client (natural or legal person) who acts in the exercise of his own business, commercial, craft or professional activity, or his intermediary.
f) “Parties” = Des Ceramiche and the Customer.
g) “Product” = each product made available for purchase through the electronic catalog made available on the Site is constantly updated and the availability of each product may vary without notice.
h) “Access credentials” = the “username / email address” and the “password” relating to the account of each Customer, necessary for access to the reserved area of the Site and to conclude the Contract.
i) “Working days” and “working hours” = Monday to Saturday, except national holidays, with working hours from 9:00 to 13:00 and from 16:00 to 20:00.
j) “General conditions” = these general conditions of sale, which regulate the relationship between Des Ceramiche and consumer customers.
k) “Contract” = consists of these General Conditions and the Order Confirmation. In case of discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation will prevail.
Parties to the contract
Parties to the contract are Des Ceramiche and the Consumer Customer, whose personal data are indicated in the Order Confirmation sent by Des Ceramiche.
The contract stipulated between Des Ceramiche and the Consumer Customer is subject, among other things, to the specific legislation referred to in section II (“Pre-contractual information for the consumer and right of withdrawal in distance contracts and contracts negotiated away from business premises” ), art. 49 to 59, as well as sections III (“Other consumer rights”), art. from 60 to 65, and IV (“General Provisions”), art. from 66 to 67, of the legislative decree 6 September 2005, n. 206 (“Consumer Code”).
Object of the contract
These General Conditions of Sale for Consumer Customers (“General Conditions”) govern the purchase, made by Consumer Customers, of the products referred to in the electronic catalog made available on the website (“Site”).
Purchase procedure and conclusion of the Contract
After registering on the Site, the Customer can purchase one or more Products present in the electronic catalog of the Site (illustrated and described in the relevant information sheets) by inserting them in the “cart” and respecting the technical access procedures referred to in the Site itself.
The publication of the Products indicated on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal to Des Ceramiche. Before the actual sending of the order, the Customer is shown a page that summarizes, among other things, the selected Products, their price and any delivery costs.
The order sent by the Customer has the value of a contractual proposal and, by sending this order, the Customer himself acknowledges that he has complete knowledge and that he fully accepts these General Conditions. The Customer is invited to print and keep the summary of the order, shown after sending it through the Site. The “notes” field possibly present in the electronic order form can be used by the Customer only to enter any operational information ( e.g., name on the intercom) and will not bind any Party to the Contract in any way, nor may it contain exceptions to these General Conditions or in any case to the contractual ones. Des Ceramiche has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, in the event of non-acceptance of the order. Any acceptance of the Customer’s proposal is confirmed by Des Ceramiche by means of an order confirmation email to the email address supplied by the Customer. The Purchase Agreement stipulated between Des Ceramiche and the Customer is considered concluded with the sending of the order confirmation to the Customer, without prejudice to the verification referred to in paragraph 5.
The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check; if, at the time of packaging and shipping of the Products Des Ceramiche should find any errors in the catalog or in the order relating to the price and / or characteristics and / or availability of a Product, it will promptly notify the Customer in in order to agree on the modification or cancellation of the order.
The Customer, as a consumer, can exercise the right of withdrawal within the terms and conditions of the law.
Description and visual representation of the goods
The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and / or their packaging. This representation has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Des Ceramiche, regarding the exact correspondence of the image depicted on the Site with the real product.
In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Availability of Products
The Customer can only purchase the goods present in the catalog published on the Site and in the quantities indicated therein. The prices and availability of products, as shown on the Site, are subject to change at any time and without notice.
The Site highlights the products available for shipment. The Customer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time elapsing between the loading of the web page and the insertion in the cart, the actual availability of the individual Products could vary significantly during the same. day with respect to the indications given on the Site. When the order proposal is sent by the Customer, the computer system of the Site checks the actual availability of the Products purchased and warns him of any unavailability of one or more Products before the Customer makes the payment. Des Ceramiche undertakes to fulfill its obligations in a short time; if the delivery times of the ordered product are delayed with respect to those indicated on the Site before the order, Des Ceramiche undertakes to promptly notify the Customer via an e-mail message to the address indicated by the Customer himself during the purchase of the products. . If it is not possible, for any reason, to proceed with the delivery of the purchased products, Des Ceramiche reserves the right to notify the Customer of the cancellation of the order.
Prices and delivery costs
The Customer will pay Des Ceramiche the price indicated on the order confirmation page. All Product prices are indicated on the Site and are inclusive of VAT only. In the event that a Product is discounted, the discount percentage, the original or ordinary price and the final price are indicated.
Shipping costs vary based on weight and geolocation.
The amount of delivery costs, where due, is indicated on the summary page of the order shown to the Customer before sending the order.
Payments in execution of the Purchase Agreement can be made by credit card or PayPal or bank transfer in advance, if the delivery takes place in Italy. The Customer is required to choose, at the time of the conclusion of the Purchase Agreement, the chosen payment method. For purchases from abroad, payments accepted are PayPal and bank transfer in advance.
Payment by credit card or PayPal
If the Customer proceeds to purchase the products with payment by credit card or PayPal, the information relating to the buyer’s credit card will be transmitted and managed by a third party (“PayPal Circuit”), via a secure connection directly to the website. of the “PayPal Circuit” which manages the transaction. The accepted cards are indicated on the Site before sending the order.
The credit card payment procedure takes place using a secure connection to the “PayPal circuit”, where the customer will find the order amount and must indicate the type, number and expiry date of the credit card. Additional data or security codes may be requested in some cases by the payment system offered by the “PayPal Circuit” (such as, by way of example and not limited to, for the MasterCard SecureCode and Verified by Visa security services). The indication of a landline or mobile phone number is always required where the Customer can be contacted.
In order to protect the customer’s safety to the maximum degree, Des Ceramiche is never aware of the credit card number, which is received only by the banking institutions that must provide the authorization. Des Ceramiche is only notified of the outcome of the transaction. In other words, no data relating to the credit card is transcribed on the documents relating to the order and / or stored by Des Ceramiche.
Payment by bank transfer in advance
In case of purchase with payment by bank transfer, in explicit exception to these General Conditions (“Shipping and delivery times”), the order will be processed after the actual receipt of the sum. The purpose of the bank transfer must include the order number and the customer’s personal details.
The bank transfer must be made by the Customer within 24 hours from the acceptance of the order by Des Ceramiche, under penalty of cancellation of the order.
The data for payment by bank transfer are as follows: BANCA INTESA SAN PAOLO Assemini / Cagliari in the name of Des Ceramiche Artistiche by Stefano Pani, IBAN: IT06E0306943841100000008193. The data to make the transfer are also contained in the order confirmation e-mail.
The expenses that the customer will eventually have to pay to their credit institution to make the transfer will not be attributable in any way to Des Ceramiche. The customer is requested to inquire in advance with his credit institution about the costs he will have to incur to make this type of payment.
Transport and invoicing documents
For each Purchase Agreement completed through the Site, Des Ceramiche will issue an invoice or receipt for the products that will be shipped. The information provided by the Customer at the time of the order will be used for the eventual issue of the invoice. The Customer assumes all responsibility for the correctness of the aforementioned information. No change in the invoice will be possible after its issue.
Shipping and delivery times
Des Ceramiche will process the order normally within 48 hours (except weekends and holidays) from the day of receipt of the order. In particular, orders received before 13:00 are approximately processed in the afternoon of the following day, while those received after 13:00 are approximately processed within 48 hours. With the fulfillment of the order Des Ceramiche entrusts the Products to the courier or forwarder of trust to be sent to the address indicated by the Customer, summarized in the order confirmation. Deliveries are made approximately within the following 48/72 hours in the national territory (excluding weekends and holidays), from 4 to 20 working days outside the national territory.
In the event that a problem occurs to the courier during transport and the package does not arrive at its destination within the indicative period referred to in paragraph 1, the Customer can promptly report it to Des Ceramiche, who will try to resolve the matter within a reasonable period of time. Des Ceramiche invites the Customer not to contact it before the aforementioned indicative term has elapsed, as it would not have the necessary data to be able to profitably activate it with the courier in charge. The terms of evasion and delivery referred to in paragraph 1 are only indicative and not guaranteed, by virtue of the many variables involved, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current legislation, Des Ceramiche undertakes to deliver the products to the consumer within 30 days from the date of conclusion of the contract. No responsibility, for any reason, can be charged by the Customer to Des Ceramiche if the products are not delivered according to the indicative deadline.
Delivery times refer to the products in the warehouse at the time of the purchase order. No responsibility can be attributed to Des Ceramiche for delays in the delivery of goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, atmospheric events, special holidays, warehouse inventories, transfers of headquarters, changes to information systems and other extraordinary events. ; they are suitable to cause times longer than the indicative ones in the fulfillment of orders, even on the order of several days.
In any case, should the delivery times of the ordered Product be delayed with respect to the delivery times indicated on the Site before the order, Des Ceramiche undertakes to promptly notify the Customer via an e-mail message sent to the address indicated by the Customer same.
Delivery of products
All product deliveries will be at Des Ceramiche’s risk until the moment in which the Customer or a third party designated by him materially comes into their possession. The delivery terms indicated on the Site are given as an indication. Des Ceramiche undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No responsibility, in any capacity, can be charged by the Customer to Des Ceramiche if the products are not delivered according to the terms indicated on the Site. Unless otherwise communicated to the Customer by Des Ceramiche, the delivery of the products is intended at street level. In order to carry out the delivery of the ordered products, the presence of the Customer or his representative is required in the place indicated by the Customer, who will therefore accept the package on his behalf. Courier delivery times are usually between 8:30 and 19:00. In case of absence of the Customer (or one of his representatives), the shipper will leave a notice with the indications to be able to agree on a different delivery date. If the delivery does not take place for reasons attributable to the Customer (for example, for his absence and / or for his lack of contact with the courier pursuant to paragraph 3), he is required to pay the shipping costs incurred by Des Ceramiche.
Verification operations upon delivery of the products
Upon delivery of the products by the shipper appointed by Des Ceramiche, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or otherwise altered, even in the closing materials, checking with particular care the possible presence of signs that indicate the breakage of the goods sent. Under penalty of forfeiture, any damage to the packaging and / or products and / or the mismatch in the number of packages and / or indications must be immediately challenged by the Customer, who must declare, in writing, to the person in charge of delivery. of the products, that they are accepted “subject to control” or indicating that they are “damaged”: failing this, no claim will be accepted. The Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to Des Ceramiche any and all problems concerning the integrity, correspondence and / or completeness of the products received, under penalty of forfeiture.
Force majeure and facts of third parties
Des Ceramiche is not liable for cases of force majeure, unavailability of means of transport, facts of third parties, unforeseeable or inevitable events that cause a delay in deliveries and / or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be paid. by Des Ceramiche.
In the cases referred to in the previous paragraph, Des Ceramiche has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, Des Ceramiche undertakes to provide timely and adequate communication of its decisions to the e-mail address indicated by the Customer, who, in this case, has the right to a refund of any price already paid, excluding any further claim, to any title, against Des Ceramiche. In this sense, the Customer explicitly waives any claim, even by way of mere reimbursement and / or compensation, against Des Ceramiche.
Custody and conservation of products
The products sold by Des Ceramiche must be guarded and preserved by the Customer using the necessary precautions and precautions relating to the nature of the products themselves. Negligence and / or inexperience in the conservation of each product can damage it and compromise its qualities. Des Ceramiche is not liable for any damage to the products sold deriving from erroneous and / or incorrect storage of the same, with the express forfeiture of any guarantee regarding them.
The Consumer customer enjoys the ordinary guarantee provided for by the Civil Code, referred to in this article, and the guarantee for any lack of conformity provided for by the Consumer Code, referred to in the following article. The customer enjoys the ordinary guarantee provided for by the civil code. Des Ceramiche will make every diligent effort to replace at its own expense, with other products of the same quality and title available at its headquarters, those Products delivered that are damaged, provided that they have been returned by the Customer in the original packaging (complete with all the parts that compose it). If the replacement with the same product is not possible, Des Ceramiche will refund the Customer the amount paid for the defective product, excluding any further responsibility of Des Ceramiche, for any reason.
Warranty Exclusions and Limitations
The shipping costs of sending by the Customer to Des Ceramiche for assistance will be entirely borne by the Customer, while those relating to the return will be entirely borne by Des Ceramiche.
The guarantee referred to in Articles “Warranty” is excluded if the Customer has damaged the Products for his own willful or negligent conduct, or in any case if, due to his negligence and / or carelessness and / or for other reasons not attributable to Des Ceramiche, he has damaged and / or made defective the Products.
Right of withdrawal
The Consumer Customer has the right to withdraw from the contract, without indicating the reasons, within 7 days. The withdrawal period expires after 7 days from the day on which the Consumer Customer or a third party, other than the carrier and designated by him, acquires physical possession of the products. In the case of a contract relating to multiple products ordered by the Consumer Customer, in a single order and delivered separately, the withdrawal period expires after 7 (fourteen) days from the day on which the Consumer Customer or a third party, other than the carrier and himself. designated, acquires physical possession of the last product.
To exercise the right of withdrawal, the Consumer Customer is required to inform Des Ceramiche at one of the addresses transcribed below: Des Ceramiche, Località Via Sulcitana, 9 – 09067 Elmas (CA) – Sardinia – ITALY; e-mail email@example.com
The Consumer Customer must communicate his decision to withdraw from the contract stipulated with Des Ceramiche through an explicit declaration, by sending a letter by post or e-mail to the addresses referred to in the previous paragraph.
To meet the withdrawal deadline, it is sufficient for the Consumer Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Pursuant to art. 54, paragraph 4, of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the Consumer Customer, therefore it is advisable that this communication be sent to Des Ceramiche by registered letter with acknowledgment of receipt to the following address: Location Via Sulcitana, 9 – 09067 Elmas (CA) – Sardinia – ITALY; or by email at firstname.lastname@example.org; or by any other means suitable to demonstrate with certainty the shipment and receipt of the communication by Des Ceramiche.
Effects of withdrawal
If the Consumer Customer withdraws from the contract stipulated with Des Ceramiche, he will be reimbursed for all payments he has made (with the exception of delivery and additional costs deriving from his possible choice of a type of standard delivery offered by Des Ceramiche), without undue delay. and in any case no later than 7 days from the day on which Des Ceramiche was informed of the Consumer Customer’s decision to withdraw from the contract.
These refunds will be made using the same payment method used by the Consumer Customer for the initial transaction, unless he has expressly agreed otherwise; in any case, the Consumer Customer will not have to incur any costs as a consequence of this reimbursement. The refund may be suspended until the goods are received, or until the Consumer Customer demonstrates that he has returned the goods, whichever is the earlier.
The Consumer Customer must return the goods or deliver them to Des Ceramiche at the following address: Des Ceramiche, Località Via Sulcitana, 9 – 09067 Elmas (CA) – Sardinia – ITALY – without undue delay and in any case within 7 days from the day on which communicated to Des Ceramiche his withdrawal from the contract. The deadline is met if the Consumer Customer sends back the goods before the expiry of the 7-day period. The direct costs of returning the goods will be borne by the Consumer Customer.
The Consumer Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
Cases of exclusion of the right of withdrawal
The Consumer Customer cannot exercise the right of withdrawal provided for by art. “Right of withdrawal” if the goods are made to measure and / or clearly personalized. The right of withdrawal is the right of only natural persons who act for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (consumers). Therefore, retailers and companies are excluded from the right of withdrawal. The right of withdrawal is also excluded, pursuant to art. 59 of Legislative Decree no. 21/2014, in the case of the supply of customized goods.
The Customer is required to keep the access credentials with the utmost care, confidentiality and diligence, undertaking not to communicate them to others. It undertakes to immediately notify Des Ceramiche of any theft, loss or loss, total or partial, of the access credentials or only of a part of them and in any case their possible unauthorized use by third parties. The Customer will be responsible for any damage caused to Des Ceramiche and / or to third parties due to failure to comply with what is reported.
After 90 days from registration on the Site without any purchases having been made, Des Ceramiche reserves the right to cancel the accounts of the Customers, even without prior notice.
Disclaimer for content posted by the Customer on the Site
Each Customer, after registering on the Site, can post comments, reviews and opinions on the Products listed in the electronic catalog. This feature cannot be used for unlawful purposes or in violation of current legislation, such as, by way of example and not limited to, to carry out spamming activities or to insert defamatory, libelous, threatening, insulting, violation of others’ privacy and dignity content. staff, etc .; It is also forbidden to insert propaganda messages, advertisements, references to competing sites and companies. The publication of the aforementioned contents is carried out free of charge by the Customer, who can delete the reviews and opinions at any time by accessing the Site with their credentials. The Customer acknowledges that any content posted on the Site could be deleted by Des Ceramiche at any time, for example for the termination of the sale of the reviewed Product or for the closure of spaces relating to comments, reviews and opinions. Des Ceramiche has no obligation to monitor the activities carried out by each Customer on the Site in accordance with this article, as required by Legislative Decree no. 70/2003. Des Ceramiche, however, reserves the right to remove any content generated by the Customer if it is made aware or otherwise becomes aware of the pursuit of an illicit purpose and / or the violation of one or more prohibitions indicated above, and / or an express request is made. in this sense, by a judicial or administrative body and / or by a third party who is deemed to be harmed by the aforementioned contents. In such cases, Des Ceramiche will notify the Customer of the aforementioned measures in any way and will have the right to suspend or cancel his account even without notice, without prejudice to any other action of recourse against the person responsible for the violations.
Des Ceramiche may modify, at any time and without notice, the content of these General Conditions.
Any changes made will take effect from the date of publication on the Site, as declared in the heading of the General Conditions themselves.
In the event of changes, unless otherwise expressly agreed between Des Ceramiche and the Customer, for contracts already concluded, the General Conditions in force at the time of signing the contract remain valid.
Slight negligence and limitation of liability
Des Ceramiche is not liable for damage, even to third parties, which may be caused as a result of its own slight negligence. In no case, the sums eventually due by Des Ceramiche for any reason or title may exceed those paid by the Customer in execution of the Contract.
Intellectual Property Rights
All trademarks, as well as any intellectual work, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by the laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of Des Ceramiche and / or its assignors, without the Customer having any right to the same from access to the Site and / or from the stipulation of the Purchase Contracts.
Treatment of personal data
Des Ceramiche undertakes to comply with current legislation on the protection of personal data. The information on the processing of personal data is made available on the Site and in any case can be viewed and archived at any time before the conclusion of the Contract.
All purchases of products and services made through the Site by the Customer who accesses it are governed by these General Conditions as well as by the other provisions and operating instructions contained on the Site. In case of conflict between the provisions of the aforementioned provisions and operating instructions and the contents in the General Conditions, the latter prevail.
Complaints and assistance
The Customer can make any complaints or request assistance on purchases made, by contacting Des Ceramiche by post at Des Ceramiche, Località Via Sulcitana, 9 – 09067 Elmas (CA) – Sardinia – ITALY, by e-mail at email@example.com, or in any case at the telephone number +39 340 05 22 322 / +39 347 86 61 949.
Complaints will be processed by Des Ceramiche as soon as possible; the Customer will receive a reply within 2 working days of reporting.