GENERAL CONDITIONS OF ONLINE SALE
These general online sales conditions govern the sales contract
(hereinafter, the "Contract") of the products (hereinafter, the "product" or "products")
offered by Cerretti Claudia & C. srl based in Corso Cavour 178 - 19121 La Spezia, CF /
VAT number 00751740119, - through its website http://www.cucireonline.com (hereinafter,
the "site") to users of the site (hereinafter, the "customers" or the "customer ").
These general conditions of sale are understood to refer only and exclusively to
customers who qualify as "consumers" pursuant to art. 3, co. 1, lett. a), of Legislative
Decree 6 September 2005, n. 206, ie "natural persons acting for purposes unrelated to
any business or professional activity carried out". All information contained on the
site is in Italian. The customer declares to have read all the aforementioned
information and general conditions of sale before placing the order. The customer also
declares to have the legal capacity to undertake in accordance with the provisions of
these general conditions.
Object
The general conditions of selling relate to the definition of rights and obligations by
the parts involved in the field of the distance selling in the online shop
http://www.cucireonline.com
Territory and coverage of the offer
The actual version of general conditions of selling refers only to customers who have
their residence or their domicile in Italy.
Contractual documents
The present contract is composed by the following documents:
1 the present general condtions of selling
2 the confirm of the order
The pictures which represent our products on the website aren’t part of contractual field and they are used only for descriptional purpose.
Receipt of the order
Every confirm of the order approved by the click represents a permanent obligation by the customer that could be discussed only in the cases reported in the part of the contract “Right of withdrawal” and “Execution of the order”. In the case the customer disagrees some of the terms reported in the general condtions of selling is invited to not process with the order and to contact the staff of Cerretti Claudia & C. srl for every clarification.
Acceptance of the order
The contract conclusion takes place only in the moment Cerretti Claudia & C. Srl receives the order confirm. The customer will receive by email a reception notify reporting the confirm of the order with all the elements that compose the contract (such as the products ordered, prices, arrival date, shipping fees) Cerretti Claudia & C. srl reserve himself the possibility to not confirm the order for every reason like a problem of supplies, or like a problem regarding the received order. Cerretti Claudia & C. srl could not be held responsible for mistakes in the delivery process, related to inaccuracy and incompleteness in the formulation of the order by the customer. Furthermore, Cerretti Claudia & C. srl could not be held responsible for damages occured to the products after the delivery to the company encharged of their transport as well as for delay of the delivery.
Availability of the products
The offers contained in this website will be valid until the listed products will stay online and until stocks are exhausted. Cerretti Claudia & C. srl also reserves himself to notify the client, within 20 days from the purchase, to the email associated to his profile, the potential unavailability of one or more purchased products. In case of the purchase of a product not more available Cerretti Claudia & C. srl will provide for the refound (on the payment card or in the paypal account indicated for the purchase or by bank transfer) of the price and of the shipping costs sustained by the customer. However, the unavailability of one or more products don’t give the client the right of cancelation of the entire order.
Prices- invoice
The prices are expressed in euros and are comprenshive of iva at 4%,10 or 22 depend on the type of the stuff. The guaranteed price to the buyer is that published on the website at the time of the purchase. Products prices are permanent. They not include delivery fees, which will be indicated in the order confirm. In case of promotional prices or discounts, the initial price to which is applied the discount or the promotion is the price stated in the official price list given by the brand.
Payment
The customer who intend to proceed to the purchase of the products has to show his will throughout a request on the website, in the specific section, where, following the steps expressed there, will be able to send the purchase order and to make the payment. The payment of the equivalent is due at the moment of the order. The customer is committed to settle the estabilished price for the ordered product on the website (product price and transport price) through the payment methods available. The customer guarantees to Cerretti Claudia & C. srl to have available the authorizations needed in order to use the payment indicated in the order process. Cerretti Claudia & C. srl reserves the right to cancel the order if payments are not received. If the payment is done by credit card, Cerretti Claudia & C. srl reserves the right to ask for the send of a copy of an identity card within 24 hours, which demonstrates that the customer is the real owner of the credit card used for the payment. Cerretti Claudia & C. srl reserves the right to refuse the order if documents are not transmitted. Payments data will be treated by a safe server-to-server connection throughout the use of SSL (Secure Sockets Layer)
Risk Treatment
The risk treatment to the customer takes place at the delivery of the products to the company delivery from Cerretti Claudia & C. srl. During the withdrawal period mentioned in the article 13, The customer is responsible for the object as a caretaker. In case of damage or ruin of the product during the custody, the customer will face all the consequences.
Execution of the order
The order will be executed in the terms indicated on the website when the order is accepted by Cerretti Claudia & C. srl and anyway in 30 days after the confirm of the order with the reservation about the availablity of the ordered product and unless specific agreements between the parties.
In case of unavailability of the ordered product, Cerretti Claudia & C srl reserves itself to inform the customer as soon as possible and to notify a new term of availabilty. See art.6 regarding the availability of the products.
Delivery
The geographical area of delivery corresponds to the geographical area of the coverage of the offer. The deliveries take place from Monday To Friday. Collection on site can be made from Monday to Sunday, prior notice of the availabilty of the ordered products.
The products are delivered to the address indicated by the customer. The delivery refers to the street level. The request for the delivery at the flat (where available) must be indicated in the definitve confirm of the order. Cerretti Claudia & C. srl don’t provide for the placement of the sold products, if not specified in the purchase phase. Cerretti Claudia & C. srl is committed to deliver the products to the address communicated by the customer in the purchase phase (unless that written in the article 6) , throughout the delivery company.Cerretti Claudia & C. srl can not be held responsible for damages occured to the products after the deliver to the delivery company and als for delay in the delivery.Cerretti Claudia & C. srl delivers in every part of Italy. Deliveries in troubling CAP could entail variations in the freight rate. The delivery is made by couriers selected by Cerretti Claudia & C. srl, mail boxes are not considered valid addresses for the delivery.
The delivery note relaised from the courier, dated and signed by the customer at the moment of the delivery is a prove of the transport and the delivery of the product.
At the time of the delivery, the customer has to check the content, conformity and conditions of the product. The customer is entitled to appeal to the carrier in case of delays, failures or other problems. The responsibility of Cerretti Claudia & C. srl can not be held liable in this regard. For this reason, at the time of delivery, Cerretti Claudia & C. srl suggests to the customer to check the products delivered before signing the delivery note. If there are some anomalies in the product, the customer must refuse the delivery of the product or write down his reservation. These reservations have to be confirmed to Cerretti Claudia & C. srl by registered mail with return recipt in the next 3 days after the delivery of the products.
Collection of the products in case of absence of the customer
If the courier can not find anyone at the address indicated, will leave a card (notice of passage). If the courier can not find anyone at the second attempt, the products must be retired at the address indicated by the courier. In case of non-collection within the deadline established by the courier, the products will be returned to Cerretti Claudia & C. srl, who reserves the right to refound the price of the products, cutting the eventual cost of storage.
Right of withdrawal
The customer has the right to withdraw from the contract, without any sanction, from when the receipt is sent by Cerretti Claudia & C. srl to the deadline of 14 days. Full proof of receipt the date stated on the delivery note. The customer can exercise the right of withdrawal throughout the guided procedure available on the section “My profile” on the website, or eventually by the email info@cerrettisnc.com . If the product has already being delivered, the customer must return that to Cerretti Claudia & C. srl:
1 The term for the return of the product is 14 days from the reception of the same; Full proof of receipt the date stated on the delivery note. In any case, for the purpose of the expiry of the term of return, the Product is considered returned when it is delivered to the accepting post office or to the shipper chosen by the user.
2 For contracts regarding the sale of goods, if they have been delivered, the goods to be returned must substantively be intact in order to exercise the right of withdrawal. The customer must send the product adequately packaged and wrapped. Cerretti Claudia & C. srl doesn’t accept damaged returns, but they must be in a normal state of preservation. No replacements or refunds will be made for items which have been washed or damaged by detergents or additives, or items damaged by customer's inexperience. A copy of the delivery note will need to be placed inside the return packing box. All risk for the transportation for the return of the products are with the buyer.
3 The costs incurred for any returns to Cerretti Claudia & C srl shall be paid by the buyer. If the customer exercises the right of withdrawal in accordance with the provisions of the terms of sale, Cerretti Claudia & C. srl will reimburse the sums paid by the customer for the purchase of the products (by credit card, paypal account or bank transfer). The refund is free, within 14 days from the date when Cerretti Claudia & C. srl had the communication of the use of the right of withdrawal. As provided for by the legislative decree 6/9/2005 n. 206 and by the art.55 of Consumer Code, goods made to measure or customized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
Warranty
In order to avoid any trouble, products are verified by Cerretti Claudia & C. srl before their shipment. However, the customer benefits from the manufacturer's guarantee which is valid for 30 days after delivery, provided that normal use is made of it in compliance with the recommendations set out in the documents attached to the products and in the respective instruction manuals. In any case, the products sold benefit from the legal guarantee against hidden defects provided by Articles 1641 et seq. of the Italian Civil Code.Some product have an extended warranty. In these cases, the duration and procedures laid down are listed in the warranty certify supplied with the product. The latter does not cover damages, breakages or malfunctioning due to lack of respect of the precautions of use.To activate the guarantee, the customer must return the product to Cerretti Claudia & C. srl at his/her own expense attaching to it the original invoice. The product will be exchanged with an identical product sent to the customer at the expense of Cerretti Claudia & C. SRL, except in the case of a stock shortage or discontinued production of the range offered by Cerretti Claudia & C. srl. In this latter case, Cerretti Claudia & c. srl will proceed to reimburse the price of the product to the customer.
Use of the Website
The product descriptions and the images contained on the website correspond to what is made available by the suppliers of Cerretti Claudia & C. srl to Cerretti Claudia & C. srl itself. The photographs and videos presenting the products accompanying the descriptive information are published on the website by way of description, taking account of the fact that the quality of the images, including the exact display of colours, may depend upon software and computer tools used by the customer upon connecting to the website. Cerretti Claudia & C. srl does not accept any liability in relation to problems caused to the customer by use of the website and the technologies used, over which it has no control.
Intellectual and Industrial Property Rights
Cerretti Claudia & C. srl notes that the website, along with all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any reason that it occurs. Cerretti Claudia & C. srl reserves the right to take legal action to protect those aspects. Cerretti Claudia & C. srl does not accept any liability in relation to the trademarks and other distinctive signs that appear on products sold on its website, with respect to which the customer does not acquire any right as a result of concluding the Contract.
Personal Data Protection
Cerretti Claudia & C. srl is the controller of the personal data collected at the time of registration to the website, as well as that communicated later upon the purchase by the customer, with the exception of data relating to the payment process for which reference is made to the banking institutions via which the transaction is made. For information relating to personal data processing, therein including the rights set out in Art. 7 of Italian Legislative Decree no. 196/03, please refer to the detailed information notice already provided at the time of registration to the Website http://www.cucireonline.com
Electronic Signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a manuscript signature.
Entirety of the Contract
These general terms of sale constitute the entirety of the obligations of the parties. No other general or special term communicated by the customer may be inserted or go beyond these general terms.
Invalidity
Where one or more provisions of these general terms is considered invalid or declared such in application of a law or regulation or as a result of a final decision rendered by a court with jurisdiction, the other provisions retain all their force and value.
Communications
For any communication, please contact Cerretti Claudia & C. srl at the following details: Cerretti Claudia & C. srl Corso Cavour 178 - 19121 La Spezia, CF/Partita IVA 00751740119 - email:
info@cerrettisnc.com
Applicable law
The contract of sale between the customer and Cerretti Claudia & C. srl is stipulated in Italy and it is ruled by the italian law.
Product images and descriptions
Product images and descriptions are purely indicative and may not represent accurately features of the product.
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