General terms and conditions of online sales
1. Introduction and effectiveness of the General Terms and Conditions
The seller of the products (the “Products” or the “Product“) and owner of the website shop.elitestone.it (the “Website“) is the company Elite Stone S.r.l.. , VAT reg. no. 10104411003, with registered office in 00196 Rome, Via Flaminia no. 135 (the “Seller“).
These general terms and conditions of sale (the ‘General Terms and Conditions‘) govern the remote purchase, via the Website, of Products in compliance with Italian law.
The person who accesses the Website to make purchases (the ‘Customer‘) is obliged, before making purchases, to carefully read and accept these General Terms and Conditions by visiting the relevant page of the Website where they are published.
Sales through the Website are exclusively reserved for the consumer Customer pursuant to art. 3 of the Consumer Code (Legislative Decree. no. 206 of 6 September 2005), namely ‘a natural person acting for purposes unconnected with any entrepreneurial, commercial, craft or professional activity performed‘.
The Customer must be at least eighteen years of age to purchase via the Website.
The Customer and the Seller hereinafter also referred to jointly as the ‘Parties‘.
- Choosing and ordering Products
The characteristics of the Products as well as the price of the Products for sale on the Website are provided in the description sheet of each Product. The image of the Products is for the sole purpose of presenting them for sale and may not be representative of their characteristics and qualities (e.g. variations in the natural grain of the Products).
Each Customer may purchase Products by registering on the Website (the ‘Registered Customer‘). The Customer shall complete and send the order form (the ‘Order‘) electronically.
Having placed the Order, the Seller will check the availability of the Products covered by the Order and:
- where the same are wholly or partly available, the Customer will receive an e-mail from the Seller with the order confirmation, containing the Order number, the list of the Products subject to the confirmed Order with their essential characteristics, the total price and payment method (the “Order Confirmation“);
- if they are not available, the Customer will receive an e-mail stating that the Product is out of stock and will be restocked within the next 90 days. Therefore the Customer may inform the Seller whether to proceed with the confirmation of the Order or to cancel the Order.
The Contract shall be deemed concluded and binding for the Seller upon receipt by the Customer of the e-mail, referred to in point 1, and limited to the Products indicated therein as available.
Delivery of the Products shall be made by the Seller at the showroom located in 37020 Volargne (VR), Via Passo di Napoleone, no. 244 (the “Showroom“) within 20 days from the Order Confirmation. The Customer will be informed of the availability of the Products for collection at the Showroom by e-mail. The Customer or its agent shall then go to the Showroom and identify itself by showing the Order Confirmation and proceed to collect the Products.
Unless otherwise agreed in writing between the Parties, if the Products are not collected from the Showroom by the Customer or its agent within 30 days of receipt of the e-mail confirming the availability of the Products for collection, the sales contract shall be deemed terminated pursuant to art. 1456 of the Italian Civil Code.
The Customer, for non-customised Products and without prejudice to the compensation of damages suffered by the Seller, shall be entitled to obtain a refund of the purchase price of the Products paid, minus 10% of the same value, which shall be made by the Seller using the same means of payment used by the Customer.
With respect to customised Products, the Seller shall be entitled to retain the entire price paid by the Customer as damages.
The Customer, up until the time of receiving the e-mail stating the availability of the Products for collection at the Showroom, may ask the Seller to identify, on its behalf, a suitable carrier of the purchased Products in order to receive them at the address indicated for invoicing purposes in the Order form or at another address provided by the same. Delivery of the Products shall in any case be deemed to be made by the Seller at the Showroom, and any further costs and liabilities connected with transport to a further address shall be the subject of separate agreement and shall be borne exclusively by the Customer.
- Price and shipping costs
Product prices are in Euro and with VAT excluded.
The shipping costs necessary for delivery of the Products to the Showroom shall be borne by the Seller.
Any subsequent delivery to the address provided by the Customer shall be the subject of a separate agreement and is not covered by these General Terms and Conditions.
- Ways of paying
5.1 Methods of payment
The Customer may pay the price of the Products via PayPal.
Once the Order has been placed, the Customer will be redirected to the PayPal website where it can make the payment through its account or by using a card, including a prepaid card, or in any case according to the methods accepted by PayPal and in compliance with its conditions.
- Right of Withdrawal
Without prejudice to the cases of exclusion provided for in point VII below, the Customer has the right to withdraw from the contract for any reason whatsoever, without explanation and without penalty (the ‘Right of Withdrawal‘ or ‘Withdrawal‘).
Withdrawal may relate to all or only part of the Products purchased by the Customer.
The Right of Withdrawal may be exercised within 14 days after the date on which the Customer, or a third party appointed by the Customer, has acquired physical possession of the Products at the Showroom.
In the case of multiple Products ordered by the Customer by means of a single Order and delivered separately, the Right of Withdrawal may be exercised within 14 days after the date on which the Customer, or a third party appointed by the Customer, has acquired physical possession of the last Products at the Showroom.
In order to exercise the Right of Withdrawal, the Customer shall send an e-mail to the Seller at firstname.lastname@example.org, within the time limit above, requesting to withdraw from the confirmed Order, using the form attached. Once the Right of Withdrawal has been exercised, the Seller’s customer service will, once it has verified the regularity of the Withdrawal, notify the Customer, by e-mail, of the confirmation of the exercised Right of Withdrawal, the file number and the instructions for returning the Products.
The Right of Withdrawal is governed by the following conditions:
- The Right of Withdrawal applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the Right of Withdrawal only for part of the purchased Product.
- In the event of timely exercise of the Right of Withdrawal, the Seller shall reimburse the Consumer Customer the full price of the Products subject to Withdrawal (the ‘Returned Products‘) within 14 days from the date of receipt of the notice of Withdrawal. The Seller shall have the right to suspend the refund until receiving the Returned Products.
III. The refund shall be made using the same method of payment used by the Customer, unless the Customer has expressly requested a different refund method, provided that this is not more expensive for the Seller.
- The Customer who has given notice of Withdrawal within the time limit and in the manner set out above shall return the Returned Products to the Seller no later than 14 days after sending the notice of Withdrawal.
- All costs necessary to return the Returned Products to the Showroom shall be borne by the Customer.
- The Products must be returned intact and in their normal condition, original packaging, complete with all their parts (including packaging and ancillary documentation). Non-conforming returns cannot be accepted.
VII The Right of Withdrawal is excluded pursuant to art. 59 paragraph 1 letter c) of the Consumer Code (Legislative Decree. no. 206 of 6 September 2003 as amended), in cases of Customised Products.
- 7. Legal Warranties
Legal warranty for the Customer: the Customer is entitled to apply the legal warranty provided for in Article 133 of the Consumer Code. According to this warranty, the Customer must notify the Seller of any lack of conformity of the Product in writing by e-mail to email@example.com Following such complaint, the Customer will be contacted by the Seller’s customer service department, which will verify the validity of the claim. If the legal requirements are met, the Customer shall be entitled to demand repair or replacement of the defective Product, without prejudice to any other rights provided by law in its favour. By virtue of the above warranty, the Seller is liable for conformity defects that become apparent within 2 years from delivering the Product. Beyond that period, the Seller shall therefore not be liable for any conformity defects found by the Customer. Claims for defects not maliciously concealed by the Seller shall be admissible within 26 months from delivering the goods. In the event of replacement or repair of the Product, the terms of the guarantee for the replaced or repaired Product shall be the same as for the original Product. Therefore, the total two-year duration of the legal warranty shall in any case begin from the delivery of the original Product. In order to benefit from the warranty, the Customer must provide evidence of the date of purchase.
- Errors and limitations of liability
The information on the Products is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Seller cannot be held liable, except in cases of intent or gross negligence.
The Seller reserves the right to correct any errors, inaccuracies or omissions even after an Order has been placed, or to change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Terms and Conditions and applicable law.
Except in the case of wilful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance or fulfilment, even partially, of an Order and the sale of Products, is excluded.
The Seller also declines all liability for direct or indirect damage of whatever nature or in whatever form it may form, resulting from using the Website and/or the news, photos and information contained therein.
- 9. Complaints
Any complaints should be forwarded to the Seller by writing to the e-mail address: firstname.lastname@example.org.
- Applicable Law and Jurisdiction
The contract of sale between the Customer and the Seller is concluded in Italy and governed by Italian law. All disputes that may arise between the Seller and a Customer in relation to these General Terms and Conditions and/or individual purchase orders shall be referred to the exclusive jurisdiction of the Court of residence or domicile of the Customer, if located in Italian territory; in all other cases, the Court of Verona shall have exclusive jurisdiction.
- Personal Data Processing
The Customer’s data is processed by the Seller in accordance with the provisions of the data protection legislation, as specified in the information provided in the relevant section.