Terms and Conditions
terms and conditions
ART. 1 – GENERAL CONDITIONS OF SALE
These conditions of sale govern the purchase agreement between "ARTE ORAFA di PACITTI BIAGIO" - hereinafter referred to as "Seller" and the customer in order to purchase the products published on the website www.biajusarteorafa.it. With the order request, the Customer declares to know and unconditionally accept the general conditions of sale and to fulfill all the obligations set forth therein towards the Seller. For this reason, the Customer is obliged to carefully read them by providing for their printing and storage, in accordance with the provisions of art. 50 and following of Legislative Decree no. 206/2005 (Consumer Code).
ART. 1.1 –
Transactions attributable to indirect E-commerce, if the customer is a "private consumer", the rules on mail order sales apply and therefore pursuant to Resolution no. 274 / E / 2009 of the Revenue Agency, the corresponding operations are not subject to:
Nor to the obligation to issue an electronic invoice, unless the same is requested by the customer no later than the time when the transfer is made. In which case the customer must provide all the tax data necessary for issuing the electronic invoice, as required by Article 22, paragraph 1, no. 1), of Presidential Decree no. 633/72;
Nor to the obligation to certify the fees by issuing the receipt or tax receipt. This is because the exemption referred to in Article 2 of Presidential Decree no. 696/1996.
ART. 1.2 –
Indirect e-commerce transactions between EU counterparties are also equated with distance selling. For this reason, these operations follow the VAT regulations applicable to intra-community operations. The legislation is dictated by Article 40, paragraphs 3 and 4 letter b) and 41, paragraph 1 letter b) of the Legislative Decree n. 331/93. Transfers of goods shipped to the territory of another Member State are considered non-taxable in Italy to transferees not required to apply the tax on intra-community purchases and who have not opted for the application of the same.
ART. 2 – ORDERS
The order of the goods can only take place according to the procedure on the site and the insertion of all the required data. The order will be considered accepted upon receipt of the ORDER CONFIRMATION which will be sent by the Seller with email communication.
ART. 3 – PRICES
The price shown on each model is exclusive of VAT.
ART. 4 –
The colors, coatings and finishes shown on the site are indicative as it is not technically possible to ensure absolute fidelity to the original colors. This does not constitute grounds for disputing the product.
ART. 5 –
Shipping times vary according to the products and finishes and will be specified with the DEFINITIVE ORDER CONFIRMATION that the Seller will send to the customer for the completion and conclusion of the order. The shipping times are always indicative and therefore no responsibility can be attributed to the Seller for the anticipated or delayed shipment, as causes are not directly attributable to it. The goods are shipped to the destination indicated by the customer in the purchase order. Periods of absence at the address indicated or other communications useful for delivery must be communicated when placing the order in order to avoid unnecessary storage costs which will in any case be borne by the recipient.
ART. 6 – TRANSPORT
The goods are shipped to the destination indicated by the customer via national and international couriers, properly packaged and complete with transport document or accompanying invoice. The related cost will be automatically calculated and visible during the purchase order procedure.
ART. 7 PAYMENT
The payment of the ordered goods can be made in the following ways:
a) when ordering via PayPal;
b) by bank transfer in advance to be made upon receipt of the ORDER CONFIRMATION. All the data to make the transfer are shown on the final page of the purchase procedure. The reason must include the personal details of the order holder and the code of the goods purchased. Any discrepancies between the data communicated by the Customer to the order and the data entered on the bank transfer could cause delays in the acceptance of the order by the seller.
ART. 8 –
Upon delivery of the goods, before signing the waybill that the operator making the delivery will ask to sign, the Customer is required to verify that:
- the number of packages delivered correspond to what is indicated in the transport document. In case of discrepancy, however, collect the goods and report on the waybill, in detail, the number of packages actually collected. Said discrepancy must be communicated immediately, via email (info@biaujusarteorafa.it), to the Seller.
- the packaging is intact (not wet, punctured, folded or otherwise) and not altered in the closing tapes. In the event of obvious breakages, damage or tampering with the packaging, the customer must write in detail the words "specific reserve of the goods due to packages received damaged" on the waybill and immediately notify via email (info @ biaujusarteorafa. it), to the Seller.
In the event of evident damage to products not yet collected, the customer may refuse delivery by indicating the reason for the non-collection on the waybill and immediately notify the Seller via email (info@biaujusarteorafa.it).
In the event of evident damage to products not yet collected, the customer may refuse delivery by indicating the reason for the non-collection on the waybill and immediately notify the Seller via email (info@biaujusarteorafa.it).
In order to protect against hidden damage caused by transport, it is advisable to always report on the waybill the words "the goods are collected subject to inspection" even if the packaging is intact and without any alteration. Any hidden damage detected must be communicated to the Seller, within five days of receipt of the goods, by registered letter with return receipt to be sent to ARTE ORAFA di PACITTI BIAGIO Via Riccardo da San Germano n. 22 - 03043 Cassino (FR) or by pec communication to: arteorafa.pacittibiagio@pec.it.
ATTENTION: if the customer accepts the goods and signs the waybill without making the necessary reservations, he cannot later claim any shortages or damage, as the signing constitutes verification and acceptance of the conformity of the product.
ART. 9 –
In case of non-delivery, the goods will remain in stock within the terms of the law, after which they will be returned to the sender. The Seller does not assume, for any reason, any costs of storage of the goods or those relating to the return, which will be borne entirely by the customer.
ART. 10 – GUARANTEE FOR THE CONSUMER
The consumer is the owner of the rights provided for by Legislative Decree no. 24/2002. The products have a warranty, for lack of conformity, for two years from their delivery.
The Seller guarantees that the goods sold comply with the declared characteristics and are suitable for the use for which the object is to be used. Any flaws or defects in the delivered product with respect to what has been agreed must be reported by the customer, under penalty of forfeiture, within two months from the discovery of the defect.
The deadline for reporting defects and / or defects of the goods that are apparent runs from the day of delivery of the products.
The warranty is excluded in the event of damage attributable to an abnormal use of the product by the purchaser or to environmental conditions of localization of the purchased good such as, by way of example but not limited to, high humidity of the room, overheating of the room, temperatures and exceptional weather conditions, unusual or improper use made by the customer such as poor maintenance (cleaning with improper products or means).
To exercise the above right, the customer must document, by registered letter with return receipt to be sent to ARTE ORAFA di PACITTI BIAGIO Via Riccardo da San Germano n. 22 - 03043 Cassino (FR) or by pec communication to be sent to arteorafa.pacittibiagio@pec.it within the terms provided above, the conformity defects found, to send any digital photos at the request of the Seller via email or if necessary, at the request of Seller, arrange for the shipment of the object for which the defect is complained.
This will allow the Seller to establish whether the defect found is attributable to production problems (lack of conformity) and in this case the defective material will be repaired primarily or alternatively replaced against the return of the defective one. If the Seller determines the improper use of the product by the customer, no free replacement will be made.
After receipt of this communication and / or documentation, the Seller will, within ten working days, communicate its decisions giving the authorization, or not, for the return of the defective material, with the possible shipment, via e-mail, of a document that must be attached to the goods to be returned. The material must be sent to the address that will be communicated. The replacement will be made within the shortest possible time and the relative transport costs for the replacement, both those for the return of the goods and those for the replacement, are charged to the Seller.
11 –
Online sales are subject to Legislative Decree no. 206/2005 which provides for the possibility for the consumer (ie a natural person who purchases the goods for purposes not related to his professional activity or does not make the purchase by indicating a VAT number) to exercise the right of withdrawal. This right consists in the customer's right to withdraw from the purchase contract, return the purchased good and request a refund of the price paid without any penalty and without indicating the reason.
PLEASE NOTE: It will not be possible to exercise the right of withdrawal for products with special sizes and / or finishes made at the customer's request and in any case for all products made on specific customer request or clearly customized.
To exercise the right of withdrawal it is necessary to send:
1) send a registered letter with acknowledgment of receipt addressed to "ARTE ORAFA di PACITTI BIAGIO" Via Riccardo da San Germano n. 22 - 03043 Cassino (FR) containing the standard form to exercise the right of withdrawal (form downloadable on the site) or to submit any other explicit declaration of your decision to withdraw from the contract, indicating the invoice number, code and quantity of items as well as the bank details to obtain a refund of the price;
2) the Customer undertakes and undertakes to return the product to the Seller within two days from the date of communication of the withdrawal, with shipping costs charged to the customer;
3) the products must be returned intact, unused, altered, stained or possibly damaged using the original or equivalent packaging; in the case of several products, these must be returned in a single shipment;
4) all the required conditions are met and after the Seller has received the return and checked that all the requirements have been met, an e-mail confirming acceptance of the return will be sent; the reimbursement of the price will take place within fourteen days of receipt of the notice of withdrawal and in any case only after receiving the return of the product.
ART. 12 – APPLICABLE LAW
Although not expressly agreed, the rules provided for by Italian law and by the legislation provided for by the civil code and the consumer code will be applied.
ART. 13 – JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of the purchasing rules carried out "online" is subject to Italian jurisdiction and, in the event that the customer is a "consumer", any dispute will be within the jurisdiction of the Court in which the "consumer" customer resides in the district.
