GENERAL SALE CONDITIONS
This contract contains the sale conditions of the products displayed on the site https://www.rubinetteriashop.com/it/. Users are invited to carefully read this document before placing an order. So as to proceed with the purchase, the user must be 18 years of age (or the age required to obtain the ability to act). The General Conditions have been drafted in Italian and translated for convenience. The user accepts that, in case of inconsistencies or discrepancies between the Italian version and any other language version of the present Contract, the Italian version will prevail.
Art. 1 Definitions
"Purchaser" or "User": the natural or legal person who purchases the Products remotely. If the User covers the status of consumer acting for purposes unrelated to the business, commercial, craft or professional activity carried out, the provisions of the legislative decree September 6, 2005, n. 206 ("Consumer Code"), in addition to those of this Agreement.
"Contract" or "General Conditions": this document concerning the agreement between the Parties concerning the use of the Site and the sale of the Goods.
"Price": the amount that the Purchaser corresponds to the Seller for the purchase of the Products.
"Order": means the purchase order forwarded by the Purchaser to the Vendor electronically.
"Party" or "Parties": within the scope of this Agreement, the Seller and the Purchaser, jointly and separately agreed.
"Products" or "Goods": bathroom products published on the Site and sold remotely by the Company.
"Site" the corresponding website at https://www.rubinetteriashop.com/it/ through which it is possible to make online purchases of the Goods.
"Seller" or "Company": Rubinetteriashop srl registered office Via Roma, 98 28017 San Maurizio d'Opaglio (NO), VAT IT02485410035
In the present Contract the terms indicated in the singular can include the plural and vice versa; terms that denote a gender may include the other gender.
Art. 2 Object of the contract
The General Conditions govern the use of the Site and the transfer to the User of the property of the Goods ordered through the Portal, towards the consideration of the Price in favor of the Seller.
Art. 3 Method of conclusion and effectiveness of the contract
3.1 The Contract is concluded with the receipt of the Order by the Seller. All Orders placed must be confirmed by a special e-mail containing the Order summary, e-mail that will be delivered to the address provided by the Buyer when registering the account. The Order confirmation received by e-mail will constitute proof of the purchase.
3.2 To complete the purchase of one or more products, the User must complete the Order form in electronic mode, entering the personal and payment data and then confirm the willingness to purchase through the pressing of the acceptance virtual key. Before concluding the Order, the User will have the opportunity to recheck the information entered and, if necessary, to modify it. The User will receive at the e-mail address the Order confirmation with the details of the purchase made.
3.3. The Contract will not be considered finalized in the absence of what is indicated in clauses 3.1 and 3.2.
3.4 The User agrees, in the margin of the purchase procedure, to print or save a copy of the Contract, which can be found both in the Order confirmation e-mail by clicking on the appropriate link, and at the bottom of the Site pages. "General Conditions", so as to allow its memorization and reproduction.
L’Utente si impegna, a margine della procedura d’acquisto, a stampare o salvare copia del Contratto, rinvenibile sia all’interno dell’e-mail di conferma Ordine cliccando sull’apposito link, sia in calce alle pagine del Sito alla voce “Condizioni Generali”, in modo da consentirne la memorizzazione e la riproduzione.
Art. 4 Register an account
4.1 The User can make a purchase without registering. However, if he wants to take advantage of the benefits of setting up an account, he can save his data and generate a profile. In particular, the registration of an account will allow the Purchaser, , to conclude transactions more quickly in case of recurrent purchases, to keep separate delivery address and billing address, if different, to save his personal data avoiding the reinsertion of same with each new operation.
4.2 During registration, the User must communicate the following personal data: name, surname, company name, e-mail address, delivery address and billing address, if different. The aforementioned communication is necessary for contractual purposes and must contain true, correct and updated data. Before completing registration, the Purchaser must choose an authentication password that meets certain minimum security criteria. The password is strictly personal and non-transferable. In case of theft or loss, it will be the User's responsibility to modify it or promptly request its deactivation from the Company.
Art. 5 Charges, payment and shipping methods
5.1 The payment methods of the Price are indicated on the Site and include credit card, Paypal, bank transfer and cash on delivery. Payment on delivery by cash is limited to the Italian territory. In case of payment by bank transfer, the goods will be sent only after accreditation. If the credit of the bank transfer is unsuccessful, the User will have a further 14-day deadline to complete the payment. Failure to credit the amount within 21 days of receipt of the Order confirmation will result in termination of the Contract. In this case the User must proceed with a new Order.
5.2 The Website allows you to pay the price of goods ordered through the following third party providers that offer digital payment and money transfer services: PayPal Holdings, Inc, Setefi. The User authorizes and accepts from now on the fact that the Seller provides for collection by debiting or requesting authorization to debit the payment card communicated during the purchase phase, also by processing the payment by these third-party suppliers.
5.3 Before concluding the Order, the Purchaser will be able to view the Goods total cost added to the virtual shopping cart including VAT and any other tax. Indicative delivery times, costs and shipping methods will be indicated before the purchase and may vary depending on the destination, the type of delivery selected, the Products features (eg weight, size). The Company reserves the right not to charge shipping costs against a minimum amount of expenses. The Purchaser is aware and accepts that the delivery of tubs, shower enclosures or sinks and more generally bulky products will take place on the ground floor. No aid is provided by the courier for the unloading of goods. To request additional services (truck with hydraulic lift or delivery to the floor) the User must make an explicit written request to the Seller before shipment. The User may also decide to collect the Product directly on site.
5.4 Without prejudice to the obligation of delivery to consumers provided for by art. 61 of the Consumer Code, in the event that the Purchaser does not hold the status of consumer, the Seller will be released from its delivery obligation by returning the Product to the carrier or forwarder, in accordance with Article 1510 paragraph 2 of the Civil Code . The Seller therefore excludes any liability for damage to the Product or loss of the same during transport and due to carrier or third parties.
5.5 The purchase receipt or commercial invoice will be sent in advance via e-mail.
5.6 At the time of delivery, the Purchaser is obliged to check the conformity of the Product with respect to the order placed. Any damage to the packaging or anomalies must be reported at the same time as the delivery with the wording "accepted with reservation" and providing a brief description of the reason for this reservation. In the absence of the Purchaser during the delivery phase of the Product, a notice will be left with the necessary indications to contact the carrier with whom to agree a second delivery. It is understood that, in case of non-delivery due to the absence of the Purchaser, it will be the latter's responsibility to contact the shipper or postal service to stipulate the delivery time or collection at the warehouse where the asset will be placed in stock. Failure to request a new delivery by the Purchaser (within 15 days of receipt of the notice of storage) will result in the termination of this Contract, with the right of the Buyer to receive a refund of the amount paid, subject to storage costs, return and any other costs incurred by the Seller due to non-delivery due to absence or refusal to receive the Buyer's Good.
Art. 6 Limitations of responsibility
6.1 The Seller does not assume any responsibility for disservices of the Site, delays or non-delivery of Goods due to causes not attributable to him, for example in case of unforeseen circumstances, sudden lack of electricity, loss of internet connection or problems related to server operation, and other similar events that prevented, in whole or in part, from implementing the Order, such as force majeure, fortuitous occurrence and attributable to the Purchaser or to third parties. In particular, access to the Site may be temporarily interrupted due to maintenance. In case of maintenance, the Company undertakes to publish a notice directly on the Site indicating the time slot for intervention.
6.2 The Seller can not guarantee the constant availability of the Products published in the online catalog. The Seller will inform the Buyer by e-mail if there is no actual availability of the ordered Product, in a timely manner, indicating what are the waiting times to obtain the chosen Goods, asking the User if he intends to confirm the Order or not.
6.3 The Seller will not be liable in case of delayed delivery due to causes not attributable to him, such as force majeure or unforeseeable circumstances.
Art. 7 Guarantees and methods of assistance
7.1 The Purchaser who qualifies as a consumer can take advantage of the legal guarantee of 2 years on the Products, running from the delivery date. In the event of lack of conformity, the rules set out in Legislative Decree 6 September 2005, n. 206 e s.m.i . will be applied. The Purchaser must report any defect within 2 months from the discovery, otherwise it will expire from the warranty right. The denunciation is not necessary if the Seller has acknowledged the existence of the defect or has concealed it. The Purchaser may, at his option, request the Seller to repair the Good or to replace it, without charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other. The User may request an appropriate reduction of the purchase price or termination of this Contract, if one of the following situations occurs:
a) repair and replacement are impossible or excessively burdensome;
b) the Seller has not provided for the repair or replacement of the Goods within a reasonable time;
c) the replacement or repair previously carried out has caused considerable inconvenience to the Purchaser.
7.2 In the hypothesis in which the User does not hold the status of consumer, the applicable warranty will be that referred to in Article 1490 of the Civil Code. The latter must report any defects in the purchased Product within 8 days of receipt, under penalty of forfeiture. The action is prescribed, in any case, in one year from delivery. The Seller guarantees only that the purchased Product conforms to its own description and to any specifications indicated on the Website.
7.3 The warranty claim must be submitted in writing, by registered mail to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so.
Art. 8 Buyer’s responsibility
8.1 The Purchaser agrees to pay the Price requested for the purchase of the Good in the times and methods indicated on the Site.
8.2 The User is responsible in case of use of the Product not compliant with any instructions for use indicated on the Site or included in the Product.
8.3 Once the Contract is concluded, the User must provide for printing and in any case to keep it on a durable medium.
8.4 It is the Buyer's responsibility to provide for the eventual assembly and assembly of the Products purchased on the Site. The Company is not a contractor, nor does it perform assembly or assembly of the Products.
Art. 9 Right of withdrawal
9.1 The Purchaser who qualifies as a consumer under the Consumer Code, will have the right to withdraw from the Contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days, starting from the day on which it will take possession of the purchased Good, or in the case of purchase of several Assets at the same time, from the day on which it enters into possession of the last Good purchased.
9.2 The communication of withdrawal must be submitted in the manner indicated in art. 10 "Communications and complaints".
9.3 In case of exercise of the right of withdrawal, the Buyer will have to bear the direct cost of returning the goods to the Seller and the return of the Good, by the Purchaser, must in any case take place no later than 14 (fourteen) days from the date of communication of the withdrawal. The Purchaser shall be entitled to full reimbursement of the price paid, provided that the Seller has already received the Products to be returned or that the Purchaser provides the Seller with adequate proof of the shipment of the Goods, including by scanning, of any receipt of parcel post, or sending by courier.
9.4 It is understood that, if the User does not hold the status of consumer under the Consumer Code, the possibility of withdrawing from the Contract is expressly excluded.
Art. 10 Communications and complaints
Written communications addressed to the Seller, any complaints or returned goods must be addressed to:
Rubinetteriashop srl, Via Pietro Durio, 125, 28010 Alzo di Pella (NO). To exercise the withdrawal, the User can use the following form to be sent via e-mail to the address email@example.com: RETURNS FORM.
To exercise its right to a legal guarantee, the Purchaser must send a registered mail to Rubinetteriashop srl, Via Pietro Durio, 125, 28010 Alzo di Pella (NO), specifying in detail the defects or faults found. For assistance with the correct use of the Website or to request support during the purchase procedure, the User is invited to use the integrated chat on the Website, the contact numbers indicated on the home page, including whatsapp or an e-mail to: firstname.lastname@example.org
Art. 11 Applicable law and competent court
11.1 This Contract is governed by Italian law with the express exclusion of the Vienna Convention on the international sale of goods of April 11th, 1980. The exclusive jurisdiction to decide any disputes will be that of Novara.
11.2 If the User holds the status of consumer in accordance with the Consumer Code, the competent court to decide any disputes will be that in which the consumer has his residence.
11.3 In compliance with EU Regulation of the European Parliament and Council No. 524/2013, we report the link to the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/