STANDARD TERMS AND CONDITIONS OF SALE B2C
1. SCOPE OF APPLICATION
For the purposes of these Terms and Conditions, the Buyer and SALVATORI are jointly referred to as (“Parties”).
1.2. The Terms and Conditions can be changed at any time. Any changes and/or new general terms and conditions will be in effect from the time of their publication in the “General Terms and Conditions of Sale” section of the Website. To this end we invite Buyers to regularly access the Website and verify the publication of the most up-to-date Terms and Conditions. It is understood that the applicable Terms and Conditions are those in force on the date the Buyer submits the purchase order.
1.3. These Terms and Conditions, as amended from time to time, apply for as long as the products are offered for sale on the Website and until the terms of the guarantees expire as referred to in the subsequent article 8.
2. REGISTRATION AND PERSONAL PAGE
2.1. In order to make purchases on the Website, the user may choose to proceed without completing the registration process on the Website. It is also possible to register on the Website using the dedicated consumer section creating a personalised account and accepting the Terms and Conditions. Failure to accept the Terms and Conditions will make it impossible to register on the Website. Registration to the Website is free. With the registration in the appropriate section of the Website, the Buyer declares to act exclusively as a “consumer” pursuant to the Italian Legislative Decree 206/2005 (“Consumer Code”). The term “consumer” is to be understood as any natural person who is acting for purposes which are outside his trade, business or profession.
2.2. The buyer guarantees that the registration credentials provided during the Website registration process are complete, correct, and truthful and undertakes to keep SALVATORI indemnified and held harmless from any damage, claims for damages and/or penalties arising from and/or in any way connected to the breach by the Buyer of the rules to registration on the Website or on the storage of registration credentials.
2.3. The Buyer is solely responsible for accessing the Website through the registration credentials and is directly responsible for any damage or injury caused to SALVATORI or third parties from improper use, loss, misappropriation by others, or failure to protect adequate secrecy of one’s registration credentials. All transactions made using the registration credentials are considered to be executed by the Buyer to whom the registration credentials refer.
2.4. The Buyer may at any time cancel their registration to the Website by communicating their intention to do so through the relevant section in their personal account.
3. INFORMATION FOR COMPLETING THE CONTRACT
3.1. The Buyer can choose from the various categories accessible on the Website. Information about the products and their features are available on the website.
3.2. Pursuant to Italian Legislative Decree April 9th 2003, n. 70, the potential Buyer is informed that in order to make the purchase proposal, they will have to follow the procedure indicated on the Website, which allows – before the actual transmission of the order form – to identify and correct any data entry errors.
3.3. Once the purchase proposal has been submitted, SALVATORI will process the request, verify receipt of payment for the products being purchased and, if the purchase proposal is accepted, will send by email to the Buyer the order confirmation containing: a summary of information about the characteristics of the product purchased, a detailed itemisation of the price, and the means of payment used and shipping costs.
3.4. Before sending the order, the Buyer can view on the Website all the information referred to in Article 49 of Italian Legislative Decree no. 206/2005 (Consumer Code) such as, but not limited to: information pertinent to Salvatori, to the price including taxes and shipping costs, to the essential characteristics of the product(s) the buyer wishes to purchase and all other mandatory information required by Italian law.
3.5. The products comply with the legislation applicable in Italy in force at the time of the Order. SALVATORI cannot be held responsible for the non-compliance of the products to the legislation of the country in which the Buyer wants the delivery to be made. It is the responsibility of the Buyer to determine with the local authorities of the country of delivery the procedures for importing and/or the use of the products or services they intend to buy.
3.6. SALVATORI cannot guarantee that the information on the product packaging will be translated into all the languages of the European Union. However, at a minimum, this information will be available in Italian and English.
3.7. For any further questions, requests for advice, or any questions regarding the products and their use, the Buyer can contact SALVATORI customer service at the following email address: email@example.com.
4. CONCLUSION OF THE CONTRACT
4.1. Once the products to be purchased have been chosen, the Buyer must confirm the Order after viewing the Order summary screen containing the final prices of the ordered products including any shipping charges. With the confirmation and the electronic transmission of the Order, the buyer makes an irrevocable proposal to purchase the selected products in the cart, obliging them to pay the corresponding fee and with an express request for execution even without prior acceptance.
4.2. SALVATORI has the right to accept or reject the proposal, or to accept it partially with regard to the quantity, giving notice to the email address the Buyer indicated at the time of registration within four (4) working days of the Order being submitted.
4.3. Once the Buyer confirms the Order by clicking on “Buy”, the Buyer declares to have knowingly accepted the content, terms and conditions of the order in question. In particular, the Buyer accepts the terms and conditions, prices, features, quantity, and the delivery time of the product(s) ordered.
4.4. The sale will be final only upon the acceptance of the Order by SALVATORI by means of an email confirming receipt of the Order to the Buyer. A second email will be sent to the Buyer when the Order is shipped. SALVATORI recommends that the Buyer retain hard copies or electronic copies of emails received from SALVATORI. The Buyer is advised that the aforementioned emails will be sent to the address entered by the Buyer at the time of registration on the Website and/or subsequent modifications made by the Buyer. SALVATORI will not be responsible in the event the Buyer entered an invalid email address and/or for the failure to receive the confirmation order for reasons not directly attributable to Salvatori. In this case the sale will be considered as final. However, the Buyer may exercise the right of withdrawal under the terms and conditions set forth in Article 9 of these terms.
5. PRODUCT AVAILABILITY
5.1. The products offered on the Website are available in unlimited quantity.
5.2. However, the Parties acknowledge the possibility that a product listed as available on the Website may not be in stock. In this situation, the Buyer will be informed via email of the total or partial non-conclusion of the contract resulting from the product’s unavailability or an estimate of the product’s availability and future delivery will be provided.
6. PRODUCT SHIPMENT, DELIVERY AND RETURNS
6.1. The product(s) ordered by the Buyer under these Terms will be delivered to the address indicated by the Buyer as the delivery address on the Order.
6.2. The purchased product will be delivered to the Buyer in the following territories only: European Union, United Kingdom, Switzerland, Norway, and Turkey. Only after receiving confirmation of the successful payment of the total amount due, will the product be delivered.
6.3. SALVATORI makes every reasonable effort to deliver the product(s) within the time frame indicated on the Order, however, said time frames for delivery are approximate and not definitive. Therefore, it is understood that SALVATORI will have no responsibility in the case of delay of the delivery beyond the specified time frame.
6.4. Orders will be processed by SALVATORI only on weekdays, Monday through Friday, excluding any holiday and/or business closure. In any case, the deadline for fulfilling each accepted and/or confirmed order, excluding shipping times, is approximately 4 (four) working days from the date the order confirmation is sent. Unless otherwise indicated, the delivery will occur between Monday and Friday during normal working hours (9 a.m. to 6 p.m.), excluding public holidays*. The delivery of the goods and the associated risk therein passes to the Buyer at the indicated time of signature on the shipping receipt of the courier. Any visible damage to the product(s) or packaging must be reported to the courier at the time of delivery and confirmed via e-mail to firstname.lastname@example.org within 24 hours of delivery with photos that accurately document the damage.
* The following dates are public holidays in Italy: January 1st, January 6th, April 25th, Monday Easter Monday, May 1st, June 2nd, August 15th, November 1st, December 8th, December 25th and December 26th.
6.5. Except as specified below, as a rule, after leaving our headquarters in Tuscany, all orders to be delivered within Italy should arrive within 1-2 working days; whereas the estimated delivery time is 2-3 working days for Calabria, the Italian Islands, and countries within the European Union**.
For larger items (tables, furniture, special editions and mirrors), delivery times may vary dependent on product size and stock availability. If the item is available, SALVATORI undertakes to ship it within 4 or 5 working days. To check the availability of a product or for more detailed delivery information, contact email@example.com.
** Excluding remote or difficult to access areas
6.6. Delivery schedule for Walls&Floors and Bathroom products
The products for the Walls&Floors and Bathroom collections are made to order: meaning not only that they are highly personalised goods, they also require additional time for production, quality control, verifications, and customised packaging. Delivery times are indicated on the Website next to the product and should be considered as a minimum-maximum approximation as they take into consideration production times and destination. If a single order consists of a number of products that require different production times, following written communication with the customer, SALVATORI may send items at different times but always at the customer’s expense. Shipping cost will be borne by the customer.
For all items ordered from the Walls&Floors and Bathroom collections, the delivery procedure is as follows:
– Salvatori will send an order confirmation via email and arrange delivery with one if its couriers appropriate for and dependent on the destination. The foreign countries to which we supply products from the Walls&Floors and Bathrooms collections are currently the European Union, The United Kingdom, Switzerland, Norway and Turkey. Transportation costs will be confirmed when the order is checked-out online and are included in the total amount required for payment.
– Once the courier picks up the ordered products from Salvatori’s Tuscany office, a confirmation email will be sent with the courier’s contact details.
– The appointed courier will contact the customer to arrange the delivery at the address specified in the Order.
6.7. Specific delivery terms for the Home Collection catalogue
For express courier shipment (products weighing less than 70kg), SALVATORI will send an email with the tracking link so that it is possible to monitor the delivery. For smaller products weighing less than 70 kg, the goal of SALVATORI is to process all orders received each morning (Monday through Friday, excluding Italian Holidays*) before noon (Central Europe Time) so that goods are usually shipped within 24 hours of processing.
Orders placed before noon (CET) Monday through Friday (excluding Italian holidays*) will be shipped on the same day while orders placed after midday or during weekends and Italian holidays * will typically be shipped the next business day.
For the more voluminous items (tables, furniture, special editions, and mirrors) delivery times may vary dependent upon the product size and availability in the warehouse. If the item is available it will be delivered with 4-5 working days. To check the availability of a specific product or for more detailed delivery information, contact firstname.lastname@example.org.
– Items weighing less than 70 kg and eligible for express courier transport will be delivered free of charge to the countries referred to in Article 6.2.
– For individual items or individual orders weighing more than 70 kg, shipping costs are paid for by the customer.
In the event of credit or debit card payments, the items may be shipped a day later, in accordance with normal security precautions (i.e. fraud or card misuse) imposed by banks. If a payment is not confirmed within 30 days, the order will automatically be cancelled.
7. PRICES AND PAYMENTS
7.1. The prices published on the site are expressed in Euro and are the price in effect when the order is submitted by the Buyer. The prices of the products include the VAT applicable at the time of submitting the order.
7.2. The payment of the purchased products can only be made using the following methods of payment, better described on the Website:
– Circuit credit cards: Visa, Visa Electron, Visa V Pay, MasterCard, and Maestro;
In the event of payment by credit card, the financial information (for example, the number of the credit/debit card or the date of expiration) will be forward to Stripe which, through encrypted protocol SSSL certificate, guarantees the security of online transactions. Additionally, such information will never be used by Salvatori except to complete the procedures relating to its purchase by the Buyer and to issue refunds in the event of any product returns following the exercise of the right of withdrawal or if it is necessary to prevent or report to the police the commission of fraud on the Website.
7.3. No charge will be made to the credit card used by the Buyer for payment at the time of transmission of the order. The debit will be made only after (i) the credit card details used for the payment have been verified and (ii) the company issuing the credit card used by the Buyer has issued the debit authorisation.
7.4. In the event that the charge is denied, SALVATORI will have the right to suspend or cancel, at is discretion and at any time, the execution of an order and/or the shipment of the ordered products.
7.5. In any case of late payment, SALVATORI will be entitled to default interest equal to the legal interest rate from the tenth working day following the date of the order or from the notification of the rejection of the bank payment.
8.1. In the event of a product’s compliance defect or lack of conformity pursuant to Article 129 of the Consumer Code, the legal guarantee under Articles 130 and 132 of the Consumer Code will apply. The Buyer is entitled to restore, without charge, the conformity of the goods by repair or restoration. Should such remedies fail, the Buyer is entitled to an appropriate price reduction or termination of the contract. The Buyer shall forfeit those rights if the defect of conformity is not reported to SALVATORI within two months of the date on which the defect is discovered. SALVATORI is responsible when the lack of conformity manifests itself within two years from the delivery of the product. In any event, the action aimed at enforcing the defects not intentionally concealed by SALVATORI shall be carried out within twenty-six months of delivery of the product.
8.2. Excluded from the warranty with regard to defects and/or lack of conformity are circumstances that may cause defects such as improper use or storage and inadequate care not in accordance with the instructions provided by SALVATORI or reckless and negligent actions in relation to the nature and characteristics of the product.
8.3. SALVATORI reserves the right to examine the allegedly flawed and/or defective and/or non-compliant products, in order to verify the flaws/defects and/or non-conformities reported by the Buyer. Under no circumstances will unauthorised returns be accepted. All returns relating to the products of the Walls&Floors and Bathroom collections and all those products/orders delivered by traditional courier, must be agreed and pre-arranged with SALVATORI, by email to the address email@example.com. SALVATORI will organise the collection of returns by the courier from the same place where the goods were delivered. SALVATORI will be responsible for the transportation costs of authorised returns for damages attributable to Salvatori or resulting from manufacturing defects. In the event of positive verification, SALVATORI will replace the defective, damaged or non-compliant product and send it to the Buyer as soon as possible and regardless within 30 (thirty) working days from the receipt of the products. The shipping costs will be borne entirely by SALVATORI. In the event that SALVATORI is unable to proceed with the replacement of the products within the aforementioned deadline, it will notify the Buyer at the email address indicated at the time of registration on the Website and will refund the Buyer for the cost of the products and the cost of shipping where the Buyer provides proof of the cost incurred to return the products. The refund will be made by SALVATORIin a manner chosen at its discretion in the shortest possible time, and regardless within 30 (thirty) working days from the date on which it receives the products. In the event that, after reviewing the returned products, SALVATORI reasonably believes that the products cannot be considered defective, damaged or non-compliant, the Buyer will not be entitled to a refund and the products will be returned to the Buyer.
9.1. Pursuant to Article 52 of the Consumer Code, the Buyer has the right to withdraw from the purchase contract without penalty and without any reason, within the term of 14 (fourteen) days from the acquisition of physical possession of the product ordered or, from the acquisition of physical possession of the last product purchased in the case of multiple products ordered by the Buyer in one order and delivered separately. The right of withdrawal of the Buyer is excluded in the circumstances referred to in Article 59 of the Consumer Code and, in particular, in the case of the purchase of clearly customised goods or the supply of sealed goods which are not suitable to be returned for reasons of hygiene or related to the protection of health and were unsealed after delivery.
9.2. Procedure: Exercising right of withdrawal
To exercise the right of withdrawal, the Buyer must inform SALVATORI (Alfredo Salvatori s.r.l., Via Aurelia 55047, Querceta (LU), Italy – tel. +39 0584 769 200 – fax +39 0584 19 21 508 – email: firstname.lastname@example.org) of the decision to withdraw from the contract with a special written declaration in letter form to be sent by mail, fax or email. To this end, the Buyer may use the withdrawal form included in the packaging of the specific product/order. It is understood that the return of the aforementioned products/orders must take place no later than 14 days from the delivery of said products/orders. SALVATORI will notify in writing, before the collection of the expense, of any shipping costs related to the return to be paid by the customer. In the latter case, if the customer requests SALVATORI to collect the goods, the customer expressly authorises SALVATORI or the person charged by them to charge the related transport costs for the return through the same payment method used to make the purchase. The customer must ensure that the goods to be returned are properly packed in the original packaging and in a manner at least equal to the one in which it was delivered. SALVATORI assumes no responsibility for goods damaged during the return transport due to improper packaging. For the products in the Home Collection line weighing less than 70 kg or otherwise with free delivery costs, the shipping costs will be free. For the products of the other lines the shipping costs will be the same amount as those incurred for the delivery. SALVATORI expressly reserves the right not to accept the return of products that have been opened and/or altered with respect to the original packaging. SALVATORI will also not accept the return of products that have been clearly customised for the Buyer.
10. PRIVACY AND CONFIDENTIALITY
10.1. By signing the Terms and Conditions, the buyer declares to accept the processing of personal data as provided for in the disclosures provided by SALVATORI and made available at the following link: www.salvatori.it.
11. CUSTOMER SERVICE
11.1. The Buyer can request any additional information through SALVATORI support services, by contacting Customer Service at the following address: email@example.com
12. SUSPENSION OF SERVICE
12.1. SALVATORI reserves the right to temporarily suspend, without prior notice, the provision of the online sales services on the Website strictly for the time necessary to make any necessary technical interventions and/or to improve the quality of services. SALVATORI will not, however, be liable for any cancellations of registrations on the site that may result from the aforementioned technical interventions.
12.2. SALVATORI may, at any time, interrupt the provision of the online sales service if there are justified security reasons or breaches of confidentiality. In such circumstances SALVATORI shall provide communication to the user.
13. APPLICABLE LAW: EXTRA-JUDICIAL SETTLEMENT OF DISPUTES AND JURISDICTION
13.1. The terms and conditions are regulated by Italian law and in particular by Legislative Decree September 6th 2005 N. 206 (Consumer Code) with specific reference to the legislation on distance contracts and Legislative Decree April 9th 2003 N. 70 on certain aspects regarding electronic commerce.
13.2. The Buyer has the right to promote the out-of-court resolution of disagreements concerning consumer disputes with the bodies set up by the Chambers of Commerce, Industry and Agriculture pursuant to the law of December 29th 1993, n. 580 and to use the mediation procedures referred to in Legislative Decree 28/2010 and subsequent amendments under the conditions established by the body chosen by the Buyer to administer this procedure. The possibility of using voluntary and equal negotiations procedures is reserved as provided by Article 2, paragraph 2, of the aforementioned Legislative Decree, as well as the complaint procedures provided by the service card providers.
13.3. Any dispute relating to the interpretation and validity of the Terms and Conditions and all sales of products concluded on the Website will be delegated, in the absence of an agreement, to the exclusive jurisdiction of the Italian courts based upon the Buyer’s residence or domicile, if located in the Italian territory.
14. FINAL PROVISIONS
14.1. Any invalidity or ineffectiveness of one or more clauses of the Terms and Conditions shall not affect the validity or effectiveness of the other clauses within these terms and conditions. Where an invalid or ineffective clause of the Terms and Conditions would be valid or effective as a result of the elimination and/or amendment of certain provisions, those provisions will apply with the amendment(s) necessary for the clause to be valid and effective.
14.2. Any tolerance of SALVATORI with respect to defaults and/or violations by the Buyer, does not prevent SALVATORI from exercising the rights provided by the Terms and Conditions.