1.1 These General Terms and Conditions ("Terms of Sale" or "GTCS") govern the service of sale of products (the "Products") on www.salvatori.it (the "Site") by Alfredo Salvatori Ltd. with registered offices in Via Aurelia 395 E, Querceta (LU), CF and VAT number 01748630462 written in the Register of Companies in Lucca in the Economic and Administrative Register with no. 168301 ("Salvatori"). The Site is owned by Salvatori and is also the subject holder of the corresponding domain name.
1.2 The offer and sale of products through the Site constitutes a distance contract governed by Articles. 45 et seq. of Legislative Decree 06/09/2005, n. 206 ("Consumer Code") and Legislative Decree 09/04/2003, n. 70 on the regulation of e-commerce.
1.3 The purchase of Products through the Site is permitted only to users who qualify as a consumer, within the meaning of the Consumer Code (consumers are considered natural persons who act for purposes not related to business, trade, profession or craft activity), and are residents in the European Union, Switzerland, the UK and Norway.
1.4 The GTCS may be modified by Salvatori at any time. Any changes will be considered valid from the moment of their publication on the Site. However, Users are required to consult with a current version of the General Conditions of Sale on the Site prior to any purchase.
2. Terms of site registration
2.1 The purchase of products through the Site is permitted only after creating a personal account on the Site. The purchase is only permitted to users who are at least eighteen years old, and this requirement will be verified in requesting the user to input their place and date of birth. If the date of birth shows that you are under the age of 18 years, the registration process will fail.
2.3 Creating an account enables you to participate, among other things, directly through the site in the following activities: retrieving and modifying your personal data; access to order information; modification of the consent to the data processing in regards to the sending of Salvatori newsletters, marketing and profiling.
3. Terms of order completion
3.1 In accordance with Legislative Decree no. 9 April 2003, n. 70 in the area of electronic commerce, Salvatori will inform you of the following. To conclude the purchase contract via the Site, you will need to complete an order electronically and send it to Salvatori following the instructions available on the website. The Site is structured so that before the order is sent, the user can check the order summary and correct any data entry errors. The purchase contract is concluded when the order is received by the Salvatori server. After transmission of the order, the user can change it until it is communicated that the order cannot be changed because the product is being prepared for shipping. In any case it is subject to right or withdrawal referred to in art. 6 which follows.
3.2 On registering the order Salvatori will send a confirmation email to the indicated email address, which will contain: a summary of the items ordered, an indication of the correct price and mode of payment and information on right of returns. The order will be filed in the Salvatori database for the time necessary for execution of the same.
3.3 The availability of products on the Site is continuously monitored and updated. If more Users purchase the same product at the same time, there could be a situation in which the User purchases a product described as available but which is in fact temporarily out of stock, in which case you may need to wait for replenishment of this product. In this case Salvatori will notify you via email. In such situation the User may decide to: a. terminate the contract; b. If re-assortment of the product is available, accept the new delivery date indicated by Salvatori; c. when a replenishment of product is not possible, to accept the provision of a different product of equal or greater value, subject to payment of any difference in price. You must promptly notify Salvatori of your decision when contacted by Customer Service.
4. Prices and terms of payment
4.1 Each product is illustrated by means of an information sheet which gives an overview the main features. The pictures and descriptions on the website intend to reproduce the characteristics of products as closely as possible. Any differences between the displayed image and the real ones could depend on the settings of the computer systems or computers used by users to their display. In particular, we would highlight that even the best screen resolution cannot faithfully reproduce the marble, stone and other natural products whose electronic display can produce colour deviations and/or veins due to the natural composition of the materials. The marble products are, in any case, all subject to a normal variation of colour, texture and grain due to the natural composition of the materials. These images must therefore be understood in each case as indicative, as, even for the purpose of the purchase agreement, the description contained in the Site shall prevail.
4.2 All prices published on the Site are in Euros and are inclusive of VAT (the Italian sales tax) and shipping. The Euro is the only currency accepted for payment of the Products. Salvatori reserves the right to change the price of Products at any time, without notice, provided that the price charged to the user will be shown on the site at the time of order.
4.3 The Site only allows payment through PayPal. Upon payment, the User will be redirected to the site www.paypal.it where they will authorize PayPal to proceed with payment to Salvatori on demand according to the procedure laid down and regulated by PayPal and the terms and conditions of the contract agreed between you and PayPal. Data entered on the PayPal website will be processed directly from the same and will not be disclosed or shared with Salvatori.
4.4 Salvatori will charge the amount due from you at the time of shipment of the Products, or on the previous business day. In the event that the charge is not successful, Salvatori will not make the shipment and will instead send an email to the user, inviting him or her to make the payment within 30 days from the date the email was sent, with the caveat that, in case of non-payment within the time specified, the contract will be terminated in accordance with art. 1456 of the Civil Code.
4.5 If a user requires a commercial invoice, this will be sent in PDF format to the email address specified by the user during registration. Therefore, should they wish to receive the invoice, the User will be required, during the purchasing process, to provide the billing date. The issuance of the invoice will be based on information provided by the user for this purpose, and should anything be misrepresented or warranted to be untrue, Salvatori is released of broadest indemnity in this regard.
5. Delivery terms
5.1 The delivery of the Products purchased on the Site is carried out both in Italy and abroad to the delivery address indicated by the user on the order form. At the time of shipment a confirmation email will be sent to the user, indicating that the Products have been handed over to the carrier. The email will also contain the tracking number and a link through which the user can check the status of delivery. Delivery will always be free of charge and by a courier service selected by Salvatori. Delivery is intended at street level and will be made, unless otherwise indicated, from Monday to Friday during normal business hours (from 9 am to 6pm), excluding national holidays.
5.2 In the event of non-delivery due to the absence of the recipient at the address specified in the order, the courier will leave a delivery notice in their mailbox, containing the number with which to contact him. The courier will make another delivery attempt. In the case that the second attempt is also unsuccessful the package will be deposited "in stock" at the courier. The user is obliged to withdraw the product within 5 days from commencement of the second calendar day following the date of the Notice of Delivery. In both cases, after so many days of storage, the product will be returned to the Salvatori warehouse.
5.3 Delivery times are indicated in the Shipping section of the Site as well as in the Site’s footer. The terms of delivery shall commence on completion of the order, unless otherwise indicated.
5.4 It is up to the User to verify the conditions of the Product that has been delivered. It is understood that once the Product has been transferred into the physical possession of the User or a third party appointed by him, and in any case to anybody other than the carrier, Salvatori absolves itself of any responsibility associated with loss or damage to the Products from this point. We therefore recommend you check the quantity of products received, check that the package is intact and not damaged, wet or otherwise altered, and should ask for the carrier’s delivery note to indicate any anomaly in the Product delivered, subject to acceptance of the package.
5.5 Any unqualified receipt of Products does not permit the user to take legal action against the carrier in the case of loss or damage to the Products, except in the case where the loss or damage is due to wilful misconduct or gross negligence by the same courier, and except for the partial loss or damage if recognizable at the time of delivery, provided that in the latter case the damage is reported no later than eight days after receipt. In the event that the package displays visible signs of tampering or alteration, it is also recommended that the User immediately notify Salvatori Customer Service. This is without prejudice and, in any case, in compliance with the application of the rules on the right of withdrawal, and legal warranty.
6. Right of withdrawal
6.1 You may withdraw from the product purchase contract without any given reason and without incurring any costs within fourteen days after delivery of the product.
6.2 To exercise your right of withdrawal you must inform Salvatori by filling out the form you will find inside the box, which you must send along with the product and a copy of these Terms and Conditions, pursuant to art. 51 paragraph 7 of the Consumer Code.
6.3 No fees will be charged to the user only if the item is returned by the courier indicated by Salvatori in the Return Form delivered with the product, within 14 calendar days from the date on which you communicate to Salvatori your decision to withdraw. However, in the event that you choose to use a carrier other than the one indicated by Salvatori, the expenses of return will remain at your own expense. The return is deemed to be made correctly if the user sends the products before the expiry of that period of 14 calendar days from the date on which decision of withdrawal is notified to Salvatori. Any additional costs arising from the selection of a delivery mode other than the Standard one will not be reimbursed.
6.4 The return will be authorized only if the product is returned intact, complete in all its parts, fully functional, complete with all accessories and package leaflets, with the labels, if any, still attached to the Product, and perfectly suited to the use it is intended and with no signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product
6.5 If the user correctly exercises the right of withdrawal under the terms provided by these GTCS, Salvatori will refund the amount paid for the product, no later than 14 calendar days from the day when Salvatori has regained possession of product and was able to detect its integrity. The refund will be made using the same means of payment used for the initial transaction.
6.6 In the event that the withdrawal has not been exercised in accordance with the provisions of these GTCS, or the return should not be authorized under the terms of the previous article 6.4, it does not result in the termination of the contract and, consequently, may not be entitled to any refund. Salvatori will inform the User within 7 working days of receipt of the Product, rejecting the request for withdrawal. The product will remain at Salvatori, available for withdrawal by the User, which must take place at the expense and responsibility of the User.
6.7 In the event that the product for which the contract was terminated has suffered a diminution in value resulting from the handling - other than what is necessary to establish the nature, characteristics and functioning of the product - the refund amount will be reduced by an amount equal to the diminution in value. The circumstances and the consequent decreased refund amount will be communicated to the User within 7 working days from receipt of the product.
7.1 As required by Articles. 128-135 of the Consumer Code, Products regularly purchased on the Site are covered by the legal guarantee of conformity ("Guarantee Law") for which Salvatori is responsible for the lack of compliance of the Product for a period of two years from delivery of the Product.
7.2 There is a lack of conformity, when the product: a) is not suitable to use as goods of the same type are normally used; b) does not comply with the description given by the seller and does not possess the qualities of goods which the seller has held out to the consumer as a sample or model; c) does not have the usual quality and performance of goods of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or labelling; d) is not particularly suited to the use which the consumer requires them and which was made known to the seller at the time of conclusion of the contract and which the seller has accepted. Therefore, exclusion from the scope of the Legal Warranty is in place for any failure or malfunction determined by accidental facts or responsibility or by a use of the Product not in accordance with its intended use and/or as provided in the technical documentation attached to product and/or, as appropriate, from that stated in the data sheet.
7.3 The consumer must report the lack of conformity to Salvatori within two months from the date on which he discovered the defect. It is assumed that the lack of conformity which becomes apparent within six months of delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. The direct action of the consumer may assert no defects fraudulently concealed so prescribing, in any case, within twenty-six months from delivery of the goods.
7.4 In case of lack of compliance or defect duly reported in the terms, the user has the right: firstly of access, at their choosing, to the free repair or replacement of the goods, unless the requested solution is impossible or excessively expensive compared to another; secondly (if repair or replacement is impossible or prohibitively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously made has caused significant inconvenience to the consumer) to a price reduction or termination of the contract, at his choice. The requested solution means excessively costly if the seller imposes unreasonable costs compared to alternative remedies that may be exercised, taking into account (i) the value the goods would have if there were no lack of conformity; (Ii) the extent of the lack of conformity; (Iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.
7.5 In the event that a Product purchased on the Site during the period of validity of the legal warranty presents what could be described as a lack of conformity, the user must contact Customer Service. Salvatori will reply promptly to communications of the alleged lack of conformity, and will tell you the specific procedure to be followed, taking into account the category of goods which the product belongs and/or denounced defect.
9. Applicable law; Out of court settlement of disputes
9.1 The purchase contract concluded through the Site is governed by Italian law.
9.2 It’s without prejudice to the application of consumer users who do not habitually reside in Italy that the provisions would be more favourable and mandatory provided by the law of the country where they have their habitual residence. This is particularly in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products and in case of exercise of this right, the procedures and formalities of communication thereof and in the legal guarantee of conformity.
9.3 Any dispute concerning the application, implementation and interpretation of these General Terms of Sale is subject to the jurisdiction of the place in which the consumer resides or is domiciled.
9.4 Any consumer residing in an European Union member state other than Italy may also have access, in regards to any dispute concerning the application, implementation and interpretation of these General Terms of Sale, to the European procedure established for disputes by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, €2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
9.5 Under Article. 141-sexies, paragraph 3 of the Consumer Code, Salvatori informs you of what qualifies as a consumer under the Consumer Code, and, in case he has lodged a complaint directly to Salvatori which was not resolved, Salvatori will provide the information about the relevant organism or the extra-judicial dispute resolution bodies, indicating whether or not he intends to use those bodies to resolve that dispute.
9.6 Salvatori also informs the consumer that a European platform was set up online for resolution of consumer disputes (ODR platform SO-CALLED). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the website of each of them and start any online dispute settlement proceedings in which it is involved. In any case this is subject to the consumer's right to apply to a competent ordinary court in regards to any dispute arising from these Terms of Sale, whatever the outcome of the court settlement procedure, as well as the possibility, where necessary conditions are met, to promote a court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis of the Consumer Code.