ARTICLE 1 - Definitions
In these general conditions of sale (the "General Conditions"), the terms not otherwise defined will have the meaning attributed to them below:
"Teste Di Moro Siciliane" means the online sales shop, published on Site, called "Testedimorosiciliane" and managed by VA
"VA" means Casà Domenico with registered office in Viale L. Sciascia, 186 92100 Agrigento, registered in the Agrigento Business Register with VAT number 01673800841
"Customer" means any person, whether or not he has completed the registration procedure , who browses the Site, including whoever acts as a Registered Customer or Consumer Customer.
"Consumer Customer" means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, so as defined in 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 / her nickname and password in order to access, among others, the special section reserved for Registered Customers. The Registered Customer has the right to browse the Site and use all the Services available on the Site from time to time.
"Consumer Code" means Legislative Decree 6 September 2005, n. 206.
"Content" means all information, videos, images, sounds, music, photographs, software, newsletters (containing useful information aimed at the use of the Service and to be understood, therefore, part integral to this), the animations, the databases, the design and contents, the brands, the logo, the technical solutions adopted, the graphic creations, the look & feel, the structure and any other part already created or to be created, whether registered or less, whether or not covered by copyright 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 the information sheets relating to Products or Services, images or descriptions relating to Products or Services as well as trademarks or logos of third parties who are manufacturers or suppliers of the 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 present on the sheets of the individual Products or, in any case, 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 in which the credit institutions operating in Agrigento do not they are, as a rule, open to the public for the performance 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 any 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 Site;
- the navigation on the Site by the Customer as well as the use of all the functions provided available to the Customer himself through the Site.
- Any purchase of Products made by (A) a Customer, acting as a Consumer Customer, will be governed not only by the Contract, but also by the provisions of the Consumer Code and the Legislative Decree. n. 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 Site by providing the requested information and personal data and indicate an e-mail address .VA will send an email confirming registration to the 'e-mail address provided by the Registered Customer during the registration procedure.
3.2 The Registered Customer is required to carefully read these General Conditions as well as, in general, the terms and conditions of the Agreement which can be viewed and printed during the registration process also by accessing a pop-up or hypertext link ; the Customer is required to accept these terms and conditions by clicking in the appropriate box marked "I accept the terms and conditions of use".
3.3 The Customer expressly authorizes V.A. to send this Agreement, including the relevant General Conditions, any special conditions, as well as all communications relating to the execution of this Agreement, to your e-mail address, also via specific links to the relevant pages of the Site. The Customer acknowledges that this Agreement, including the related General Conditions, any special conditions and any related changes in force from time to time, may 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
The product offers on Testedimorosiciliane 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 Agreement must be examined by the Customer before making any Purchase Order for Products or Services. Without prejudice to the provisions of the previous art. 3 in the case of Registered Customers, the sending of a Purchase Order by the Customer implies full knowledge and acceptance of these General Conditions as well as 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 Site itself, in the manner indicated therein.
Each Purchase Order sent by the Customer will have the value of a binding contractual proposal pursuant to art. 1326 of the Italian Civil Code.
Before sending the Purchase Order, V.A. will provide the Consumer Customer with the information (relating to the Products purchased) required by 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 their Purchase Order for Products or Services, the Customer will receive an email from V.A. with which the latter will notify the Customer that it has received the same Purchase Order, indicating its identification number.
With the aforementioned e-mail, V.A. it will also summarize the unit cost of each selected Product, the total order line, the total cost of the order (in the case of purchasing multiple Products) and any costs for the Services (i.e. transport, shipping and installation).
Upon receipt of the aforementioned confirmation email, the Customer will be able to verify the correctness of the data, Products and Services purchased and, possibly, report anomalies and / or errors or request information by sending an email to info @ testedimorosicilianecom
4.3 Acceptance of the Purchase Order and conclusion of the Contract
V.A. will communicate the acceptance of any Purchase Order for Products or Services, subject to:
- verification of the availability of the Product itself.
-, the positive verification of the regularity of the payment of the consideration by the Customer (except in the case in which the Customer has opted for payment by cash on delivery) and, more precisely: (i) the authorization to pay by the banking circuit, in case of payment by credit card or PayPal, or (ii) receipt of the transfer by VA, in case of payment by bank transfer in advance.
The Consumer Customer undertakes, once the purchase proposal has been made, to print and keep this Agreement, in compliance with Articles 52 and 53 of the Consumer Code.
Article 5 - Rules and conditions for exercising your right of withdrawal according to legislative decree 22/5/99 n. 185
V: A. recognizes the right of withdrawal as required by current legislation.
RIGHT OF WITHDRAWAL
The Consumer Customer, as defined by art. 3 of the Consumer Code, has the right to withdraw from the Contract within 14 days of receipt of the purchased product by registered letter with return receipt, before the expiry of the Withdrawal Period, addressed to:
Teste Di Moro Siciliane by Domenico Casà
Viale L.Sciascia, 186
Alternatively, the Customer may send the Withdrawal Notice, within the Withdrawal Period indicated below, by e-mail to the address email@example.com
The Notice of Withdrawal must contain the will to withdraw from the Purchase Agreement and specify the Product (s) for which the Right of Withdrawal is to be exercised.
The customer may exercise all the rights referred to to 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 other than the Carrier receives the product (s) .
The Withdrawal Notice must contain the will to withdraw from the Purchase Agreement and specify the Product (s) for which the Right of Withdrawal is to be exercised.
The right is the possibility given to the Customer / Consumer to dissolve the contractual bond unilaterally, returning the purchased good and obtaining the refund of the price paid.
It can be exercised in relation to the purchase and sale contracts of goods or services concluded at a distance or away from business premises, between consumer (the natural person who purchases the good / service for purposes not related to his professional and who does not purchase by indicating a VAT number reference) and professional , and only from the first to the second, not vice versa.
As required by law, the Customer / Consumer will be 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 same.
It therefore does not apply to all goods purchased directly in the store, which the buyer has presumably had in advance vision and possibility to take note and knowledge of all the characteristics: the rethinking is not recognized as a right, except for 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 borne by 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 who acts for purposes unrelated to any business or professional activity carried out "(Article 1469 bis). Basically, companies and professionals with a VAT number cannot 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 to 0922/606782
or by sending an email by filling out the contact form
To receive a refund in the event of payment by credit card, we will re-credit the amount paid by transferring the amount from our back office. Otherwise, it will be necessary to indicate the details of a bank account where to make the re-credit (IBAN code and account holder), the re-credit by bank transfer is made within 10/15 days.
To exercise the right of withdrawal it is necessary that:
the customer expresses the will to exercise the right of withdrawal in the manner described above
the purchased good is intact and returned in the original packaging complete in all its parts.
the product is returned on time and within the methods described above. The delivery costs are charged to the customer.
Once the goods arrive at our warehouse, they will be examined to check for any damage 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 re-credit, within 30 (thirty) days from the date on which V.A. has become aware of the exercise of the right of withdrawal by the Consumer Customer of the sums already paid by the latter for the purchase of the Product. . The refund concerns 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 whoever made the relative payment, in case of exercise of the right of withdrawal by the Consumer Customer, the reimbursement of the sums will be made by VA, in any case, to the person who made the relative payment.
In all cases of returning the goods, the transport costs are charged to the customer.
V.A. is not liable in any way in the event of damage or theft / loss of products returned by uninsured shipments.
Conditions of sale
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, Law on Electronic Commerce) and apply exclusively to distance selling via the Web of the Products identified on the website www.ceramichecaltagirone.com
Pursuant to art. 50 et seq. of Legislative Decree 206/2005 and Legislative Decree 70/3003, the offer and sale on the website www.ceramichecaltagirone.com integrate a distance contract, concerning the sale of Products on the website www.ceramichecaltagirone.com , between Villa Arredi, with headquarters 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 Article 52 of the Consumer Code, as provided by Villa Arredi, will remain valid and effective until they are modified and / or integrated by Villa Arredi Any changes and / or additions to the General Conditions will be effective from the date on which they will be communicated to the public and will apply to sales made after that date.
The latest updated version of the General Conditions is the one present on the Site.
Article 6 - PRODUCT CHARACTERISTICS
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, at its sole discretion and without notice, the price of the Products and the characteristics present on the Site from time to time, without therefore providing any guarantee as to 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 following the acceptance by V.A. of a Purchase Order issued by a Customer, will remain firm and unchangeable between the parties.
6.2 Description of the Products
The images or photos used to accompany each Product description sheet (given the nature of the product itself, modeled and hand painted) are merely indicative and may not be perfectly representative of the characteristics of the Product received, as this may differ due to color, size or color tone from the photos used in the kit.
The item shipped may not be identical to that of the photo, because the very nature of the product, modeled and hand painted, means that each item is different from the other, thus making it a unique object. Therefore the dimensions, decorations and color tones described in the photos are purely indicative.
6.4 Product Availability
The availability of each Product varies according to the product itself. The possibility for Customers to place orders online constantly changes the availability of the Products, VA does not guarantee the availability of the Products ordered by the Customer but reserves the right to verify it from time to time, notifying the Customer pursuant to the previous article 4.
Article 7 - Payment method
(1) Advance bank transfer
In the case of home delivery of the Product, if the Customer has chosen to pay by bank transfer in advance, the payment can be made within 5 (five) Business Days from the date on which V.A. has confirmed 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 relative Purchase Order or, in the event that said Purchase Order has already been accepted, the relative Contract will be considered automatically terminated and ineffective and the Customer will receive an e-mail from V.A. for this purpose.
For the execution of the transfer, the Customer's bank may charge a commission.
In any case, the Products covered by each Purchase Order accepted by V.A. will be sent by the latter only after V.A. will see the credit of the amount due on your current account (the data for the bank transfer will be provided immediately after the completion of the online order).
(2) Credit card
If the Customer has chosen to pay by credit card among those available and indicated online, the payment must be made when the Customer submits the Purchase Order
The bank Credito Emiliano or other bank identified by VA from time to time (through the service called smart-pay) will automatically verify, at the time of the order, the operation of the card, sending an e-mail indicating the outcome of the transaction.
The amount due is actually collected from VA upon payment.
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 checks necessary for the security of the transaction; failing that, 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, property 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 financial company expressly indicated, at the time of the Customer's confirmation.
V: A is in no case responsible and can be held responsible for any fraudulent and illegal use of credit cards that may be made by of third parties during the purchase and payment process of the products.
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 due by the Customer in relation to each Purchase Order is charged to the PayPal account when the Customer sends the Purchase Order.
For each transaction performed with the PayPal account, the Customer will receive a confirmation e-mail from PayPal.
VA reserves the right not to accept Purchase Orders or to suspend the execution of already concluded Contracts if PayPal reports anomalies or irregularities in the payment. In this case, V.A. reserves the right to request additional information from the Customer and / or to send copies of documents proving 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 giving the Customer any right to request compensation for damages or to assert other claims.
The Customer may choose to pay the amount due to V.A. by virtue of each Purchase Order accepted by V.A. by cash on delivery, commission cost € 9.90.
In this case, the payment by the Customer must be made exclusively in cash.
Payment by cash on delivery is allowed only on condition that the total value of the Purchase Order concerned is included between Euro 150.00 (one hundred and fifty / 00) and Euro 999.99 (nine hundred and ninety nine / 99).
Article 8 - Payment security
In the case of payments made online, the data provided by the Customer are transmitted with secure methods that prevent others from reading.
The application software that V.A. uses for the management of payments through credit cards and therefore through paypal and with SSL (Secure Socket Layer) protocol, to encrypt data sent over the Internet and VerifiedByVISA and SecureCard for security in Transactions.
To be sure to have a secure connection you need to use a browser such as Internet Explorer (5.x and later.), Netscape Navigator (4x and later), Mozilla Firefox (1.x and later), Opera, Safari or Chrome capable of transmitting encrypted data with the Ceramichecaltagirone server.
To find out if you are in a secure connection just check that there is the prefix "https" instead of "http" in the page address, and that the padlock image visible in the bottom bar of the browser is "closed".
In addition, please note that the credit card data are transmitted to the bank's server only after the Customer has clicked the confirmation (for the purposes of this document, it is important to underline that not even VA has the ability to view such data).
Up to at that moment the data remain stored exclusively on the Client's computer.
Article 9 - Shipping costs
. An amount must be added to the price of the Product purchased by the Customer for which home delivery is requested. This amount is calculated automatically by the testimorosiciliane 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 objects, our products have delivery times that vary according to availability from 3 to
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 through their account and is liable for damages resulting from the improper use of their access data by third parties.
The Registered Customer must immediately inform V.A. if there are reasons to believe that a user name (i.e. e-mail) or password has, or is likely to have been, known by someone not authorized to use it or is likely to be used in an unauthorized way.
If a Registered Customer forgets or loses the user name, she must contact V.A, and carry out the security checks provided by V.A.
V.A. reserves the right to suspend user name (or e-mail), nickname and password for access to the Site, if it considers that there is - or it is likely that there is - a security problem or unauthorized use of the same.
The Registered Customer is responsible for the truthfulness of the information and personal data provided upon registration. The Registered Customer must immediately inform V.A. of any changes in the information and personal data provided upon registration or, if possible, update them directly, so that such information and personal data are constantly current, accurate, complete and truthful. In the event that 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 Registered Customer from using the Site.
ARTICLE 12 - USE OF THE SITE
The Site, the Products, and the functions made available or purchased through the Site are provided exclusively for the Customer's personal use.The Customer may 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 in order to carry 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, display in public, download, print or publish any part of the Site or the Contents for commercial purposes. The Site may only be used for the Client's personal purposes and in accordance with this Agreement.
The User may not in any way modify or change the editing, graphics, lay-out or "look and feel" of any web page within the Site, it being understood that these will be defined by V.A. or on behalf of V.A. in its sole judgment. IT GOES. will have the right to insert its own trademark, commercial name, logo, ideogram, or other distinctive sign of V. A or of third parties as well as to insert advertising banners, hyperlinks or other forms of advertising at its total discretion within each web page at inside the Site.
The Customer must not exploit or use the Site, or any Content, in such a way as to cause detriment to V.A. or to third parties. In particular, the Client is obliged to refrain from using the Site or the Contents to carry out activities in competition, or in any case in such a way as to cause damage or prejudice to the interests, including economic ones, or to the image of VA, of other Customers. or third parties.
The User is solely responsible for evaluating any Product or Service on the Site.
V.A. assumes no responsibility for personal data or information or other content that may be sent, disseminated, uploaded or downloaded by the Customer or by any third party through the Site. In the event that the Site allows the Customer to formulate comments or opinions regarding 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 on and to refer to specific and detailed facts. Without prejudice to the foregoing, V.A. reserves the right not to disseminate, remove from the Site or modify without 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 Agreement, mandatory legal provisions or third party rights or in cases where VA believes in good faith that such information or content violates this Agreement or the law.
The Customer must indemnify V.A. from any legal claim or action initiated or threatened against V.A. by third parties as a consequence of the fact that the Site or its functions are used by the Customer in violation of this article as well as in violation of any other provision of this Agreement.
ARTICLE 13 - Intellectual property.
The intellectual property rights relating to the Site or the Content are and remain the exclusive property of V.A. or its licensors.
It is expressly forbidden for the Customer to copy, modify, create works or works derived from or based on the Site, the Content or the software.
It is expressly forbidden for the Customer to download, copy, reproduce, duplicate or otherwise use or disseminate 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 (so-called Code regarding the protection of personal data) is to be considered an integral part of this Agreement.
Data controller in the Privacy Law: Casà 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 post, fax or e-mail to the following addresses:
Viale L.Sciascia, 186
92100 Agrigento (Italy)
For any telephone assistance relating to CeramicheCaltagirone.com, please contact the number 327/3538045 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 relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relating to the navigation on the Site by the Customer or the use of any functionality made available to the Customer through the Site, the Court of Agrigento will be exclusively competent, except for the mandatory court of the place of residence or elective domicile of the Customer acting as a Consumer Customer, pursuant to the Consumer Code.