Terms and Conditions
terms and conditions
ARTICLE 1 – GENERAL CONDITIONS OF SALE
The present conditions of sale govern the purchase contract between "ARTE ORAFA of PACITTI BIAGIO" - hereinafter referred to as the "Seller" and the customer concerning the purchase of products published on the website www.biajusarteorafa.it. By placing an order, the Customer declares to know and unconditionally accept the general conditions of sale and to fulfill all the obligations provided in them towards the Seller. Therefore, the Customer is obliged to carefully read them, print and keep them, as provided by articles 50 and following of Legislative Decree no. 206/2005 (Consumer Code).
ARTICLE 1.1 – TAX OBLIGATIONS
Transactions pertaining to indirect E-commerce, if the customer is a "private consumer", are subject to the regulation of mail order sales and therefore according to the Resolution no. 274/E/2009 of the Revenue Agency, the corresponding transactions are not subject to:
The obligation to issue an electronic invoice, unless requested by the customer no later than the moment of the transaction. In which case the customer must provide all the necessary tax data for the issuance of the electronic invoice, as provided for by article 22, paragraph 1, no. 1), of the Presidential Decree no. 633/72;
The obligation to certify the receipts through the release of a receipt or tax receipt. This is due to the exemption provided for in article 2 of the Presidential Decree no. 696/1996.
ARTICLE 1.2 – INTRA-EU OPERATIONS OF INDIRECT E-COMMERCE
Indirect electronic commerce operations between EU counterparts are also equivalent to distance sales. For this reason, such operations follow the VAT regulation applicable to intra-EU transactions. The regulation is dictated by article 40, paragraphs 3 and 4 letter b) and 41, paragraph 1 letter b) of the Legislative Decree no. 331/93. The transfer of goods shipped within the territory of another member state to transferees not obliged to apply the tax on intra-EU purchases and who have not opted for its application is considered non-taxable in Italy.
ARTICLE 2 – ORDERS
The order of the goods can only take place following the procedure on the website and the input of all the required data. The order is considered accepted upon receipt of the ORDER CONFIRMATION which will be sent by the Seller by email.
ARTICLE 3 – PRICES
The price indicated on each model is exclusive of VAT.
ARTICLE 4 – FINISHES
The colors, coatings, and finishes reported on the site are indicative because it is technically impossible to ensure absolute fidelity to the original colors. This does not constitute a reason for contesting the product.
ARTICLE 5 – SHIPMENTS
Shipping times vary according to the products and finishes and will be specified with the FINAL ORDER CONFIRMATION that the Seller will send to the customer for the finalization and conclusion of the order. Shipping times are always indicative, so no liability can be attributed to the Seller for early or delayed shipment, as the causes are not directly attributable to her. The goods are shipped to the destination indicated by the customer in the purchase order. Periods of absence at the indicated address or other useful communications for delivery must be communicated when ordering to avoid unnecessary storage costs which will still be charged to the recipient.
ARTICLE 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 order procedure.
ARTICLE 7 – PAYMENT
Payment for the ordered goods can be made in the following ways:
a) At the time of the order via PayPal;
b) Through advance bank transfer to be made upon receipt of the ORDER CONFIRMATION. All data to carry out the bank transfer are reported on the final page of the purchase process. The reason for the payment must include the details of the order holder and the code of the purchased goods. Any discrepancies between the data communicated by the Customer at the time of the order and the data entered on the bank transfer could cause delays in the acceptance of the order by the seller.
ARTICLE 8 – DELIVERY OF GOODS – CONTROL
At the time of delivery of the goods, before signing the consignment note that the operator making the delivery will ask to sign, the Customer is required to verify that:
The number of packages delivered corresponds to what is indicated on the transport document. In case of discrepancy, the customer should still accept the goods and indicate on the consignment note, in detail, the number of packages actually received. This discrepancy must be immediately communicated, via email (firstname.lastname@example.org), to the Seller.
The packaging is intact (not wet, punctured, bent, or otherwise) and not altered in the sealing tapes. In case of evident breaks, damages, or tampering of the packaging, the customer must write on the consignment note, in detail, the phrase "specific reserve of goods due to damaged packages received" and give immediate communication, via email (email@example.com), to the Seller.
In case of evident damages to the products not yet received, the customer can refuse delivery indicating on the consignment note the reason for the non-receipt and give immediate communication, via email (firstname.lastname@example.org), to the Seller.
For the protection of hidden damages caused by transport, it is always advisable to write on the consignment note the phrase "goods received subject to control" even if the packaging is intact and without any alteration. Any hidden damages detected, must be communicated to the Seller, within five days of receipt of the goods, via registered letter with return receipt to be sent to ARTE ORAFA of PACITTI BIAGIO Via Guglielmo Marconi n. 16 – 03043 Cassino (FR) or through certified email to: email@example.com.
ATTENTION: if the customer accepts the goods and signs the consignment note without applying the necessary reserves, they cannot subsequently claim any shortages or damages, as the signature constitutes verification and acceptance of the product's conformity.
ARTICLE 9 – STORAGE
In case of non-delivery, the goods will remain in storage according to the terms of the law, after which they will be returned to the sender. The Seller does not assume, for any reason, the possible storage costs of the goods nor those related to the return, which will be entirely borne by the customer.
ARTICLE 10 – CONSUMER WARRANTY
The consumer is entitled to the rights provided by the Legislative Decree no. 24/2002. The products are guaranteed, for conformity defects, for two years from their delivery.
The Seller guarantees that the sold good conforms to the declared characteristics and is suitable for the use for which the object must be used. Any defects or flaws in the delivered product compared to what was 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 flaws of the good that are apparent starts from the day of delivery of the products.
The warranty is excluded in the case of damages attributable to abnormal use of the product by the buyer or from environmental conditions of the purchased good location such as, by way of example but not limited to, high humidity level of the room, overheating of the room, exceptional, unusual temperatures and weather conditions, or improper uses 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 of PACITTI BIAGIO Via Guglielmo Marconi n. 16 – 03043 Cassino (FR) or via certified email to be sent to firstname.lastname@example.org within the terms above, the conformity defects found, and, upon request of the Seller via email, return any digital photos or if necessary, upon request of the Seller, arrange for the shipment of the object for which the defect is complained about.
This will allow the Seller to determine whether the detected defect is attributable to production issues (conformity defects) and in this case, the defective material will primarily be repaired or alternatively replaced in exchange for 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 receiving such communication and/or documentation, the Seller will proceed, within ten working days, to communicate her decisions giving the authorization, or not, for the return of the defective material, with the eventual shipment, via email, 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 carried out as soon as possible and the related shipping costs for the replacement, both those for the return of the goods and those for the replacement, are borne by the Seller.
Article 11 - Right of Withdrawal
Online sales are subject to Legislative Decree no. 206/2005, which provides the consumer (defined as a natural person who purchases goods for purposes not related to his/her professional activity or does not make the purchase indicating a VAT reference number) with the right of withdrawal. This right enables the customer to withdraw from the purchase contract, return the purchased goods, and request a refund of the paid price without any penalty and without specifying a reason.
PLEASE NOTE: The right of withdrawal cannot be exercised for products with special measurements and/or finishes made at the customer's request, and in general for all products specifically made at the customer's request or clearly personalized.
To exercise the right of withdrawal, you must:
1) Send a registered letter with return receipt within fourteen days (to be calculated on a "calendar" basis) from receipt of the product, addressed to "ARTE ORAFA di PACITTI BIAGIO", Via Guglielmo Marconi n. 16 – 03043 Cassino (FR), containing the standard form to exercise the right of withdrawal (downloadable from the site), or present any other explicit declaration of the decision to withdraw from the contract, indicating the invoice number, code and quantity of items as well as the bank details to receive the refund of the price;
2) The customer commits to return the product to the Seller within two days from the date of withdrawal communication, with shipping costs borne by the customer;
3) Products must be returned intact, unused, unaltered, unstained, or damaged, preferably in the original packaging or equivalent; in case of multiple products, they must be returned in a single shipment;
4) Once all the required conditions are met and after the Seller has received and verified the returned goods, a confirmation email for the return will be sent; the refund will be processed within fourteen days from the receipt of the withdrawal communication and only after having received the returned product.
Article 12 - Applicable Law
Unless expressly agreed otherwise, Italian law and the rules provided by the civil code and the consumer code will apply.
Article 13 - Jurisdiction
Any dispute relating to the application, execution, interpretation, and violation of online purchase rules is subject to Italian jurisdiction, and in case the customer is a "consumer," any dispute will be the responsibility of the Court in whose district the "consumer" customer resides.