General conditions of sale

GENERAL CONDITIONS OF SALE

Premise

This information is provided for the website " http://www,labottegadelpollino.it " ( Site ) owned by Di Nicola Cino with headquarters in Morano Calabro in via Ferrante 10, VAT number 03817430782, Cino Nicola, nicolacino94@pec. it (Cs) Rea: CS - 259107 Company name: Cino Nicola

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.

1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.

1.7 Sending the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 The purchase on the Site

  • it can also happen without registering on the Site
  • it is permitted to users who have the status of consumers. Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, please note that the quality of consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.

2.2 In the case of orders, originating from anyone, which are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

  • by a user with whom the Seller has an ongoing legal dispute
  • by a user who has previously violated the General Conditions of Sale
  • by a user who has been involved in crimes
  • by a user who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.

Art. 3. Information aimed at the conclusion of the contract

3.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

  • to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Seller, electronically, following the instructions that appear from time to time on the Site
  • the contract is concluded when the order form reaches the Seller's server
  • once the order form has been received, the Seller will send you the order confirmation containing:
    • information relating to the characteristics of the purchase
    • the indication of the price.

Art. 4. Information sheet

4.1 Each product is accompanied by an information page that illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the actual ones due to the settings of the information systems or computers used by you to view them. Furthermore, the Product images present in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use.

Art. 5. Prices

5.1 All prices of the Products published on the Site are inclusive of Value Added Tax.

5.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations will not be taken into account. (increasing or decreasing) following the transmission of the same.

5.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.

5.4 The use of discount vouchers is governed on the site according to the following principles:

  • If the value of the discount code is less than that of the order, the remaining sum can be completed according to the payment methods provided on the site
  • Discount codes cannot be combined with each other for a single purchase
  • Discount codes can also be used for payments of spending amounts lower than their value; in this case the remaining discount amount cannot be credited back and is considered lost
  • Under no circumstances can discount vouchers be converted into cash.

Art. 6. Purchase orders

6.1 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically comes into possession of the Products.

The Service you have chosen will only be carried out following payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

6.2 The purchase contract is definitively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.

Art. 7. Payment methods

7.1 The following payment methods are permitted on the Site:

  • Payment card
  • PayPal
  • Bank transfer.

7.2 The Seller accepts credit cards from the following circuits:

  • VISA
  • MasterCard (Cirrus Maestro)
  • American Express

They are, in any case, indicated in the footer of each page of the Site.

The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization.

In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.

The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.

The charge will be made when the order is placed.

7.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the payment card data connected to your PayPal account or the data of any other payment instrument connected to this account.

In the case of payment via PayPal, the Total Amount Due will be debited by PayPal upon conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of refund due to you will be credited to your PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

7.4 In the event that you choose the bank transfer as the payment method, the Seller, once the order has been received, will communicate the bank details and the deadline for making the transfer via email. The email may contain the request to send by email the receipt of the bank transfer made or the confirmation of its execution.

In the case of payment by bank transfer, the delivery times of the Product indicated in the Product Sheet and/or on the Site will start from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order, as happens in the case in which you choose other payment methods.

Unless otherwise agreed, the Services will be rendered only after receipt of the Total Amount Due by bank transfer.

Please indicate the following data in the bank transfer reason:

  • the order reference number.

From sending the order you must arrange payment within 3 working days. Failing this, the Seller reserves the right to cancel the order in the following 2 working days.

Art. 8. Right of withdrawal

8.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by the art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site they are:

  • sold goods made to measure or clearly personalized.

8.2 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within fourteen calendar days ( Withdrawal Period ). The Withdrawal Period expires after 14 days:

to. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

8.3 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.

    8.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

    Email: info@labottegadelpollino.it

    Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies on you, it is in your interest to make use of a durable medium when communicating your withdrawal to the Seller.

    8.5 In case of exercising the right of withdrawal, using a carrier of your choice and at your own expense, without undue delay and in any case within the period of 14 calendar days from the date on which you communicated to the Seller your decision to withdraw ( Deadline for the Restitution ). The Return Deadline is met if you send back the Products before the fourteen day period has expired. The Product, appropriately protected and packaged and, if possible, in the original packaging (the original packaging is always required if the serial numbers of the products are printed on it), must be returned to the following address:

    Via Ferrante 10, Morano Calabro 87016

    8.6 The direct costs of returning the Products are your responsibility, as is the responsibility for their transport.

    8.7 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you demonstrate that you have sent the Products back, whichever is earlier.

    8.8 You are solely responsible for any decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and disposable seals, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

    8.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will notify the Seller of the circumstance and the consequent decreased refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due of the decrease in value of the Product.

    8.10 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.

    8.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product of value of 150.00 Euros, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned can never exceed the amount actually paid.

    Return policy for damaged items (ceramics)

    1. Contact the seller or manufacturer within a specific time period within one week of receiving the item to report the damage and request a return.

    2. Provide the seller or manufacturer with a detailed description of the damage and provide photographs or videos of the damage for documentation.

    3. Wait for return authorization from the seller or manufacturer.

    4. Please return the damaged item using a trackable shipping method, such as an express courier service, to ensure the item is returned safely and the shipment can be tracked.

    5. Once the damaged item is received, the seller or manufacturer will assess the damage and, if necessary, provide a replacement or refund.

    6. In some cases, the seller or manufacturer may offer the option to repair the damaged item instead of replacing or refunding it.

    Art. 9. Legal guarantee

    All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of the Consumer Code ( Legal Guarantee ).

    To whom it applies

    The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.

    When it applies

    The Seller is responsible towards the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

    Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.

    In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the payment card statement) and the date of delivery.

    In the event of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.

    The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.

    Art. 10. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

    10.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

    10.2 Please remember that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile has jurisdiction.

    10.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, following which however it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to make use of or not of such bodies to resolve the dispute itself.

    10.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

    10.5 In any case, the right of the consumer user to appeal to the competent ordinary judge for the dispute arising from these General Conditions of Sale is reserved, regardless of the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to the procedures of referred to in Part V, Title II-bis Consumer Code.

    10.6 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the site www.eur-lex.europa.eu .

    Art. 11. Customer service and complaints

    It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

    • by email, to the following address: info@labottegadelpollino.it.

    The Seller will respond to complaints submitted within 2 days of receiving them.