The Company Quaranta Ceramiche Srl (hereinafter also just "Seller") with registered office in Strada Statale 7 ter km. 20,200 74024 Manduria (TA), P.iva 03081190732, commercializes products for the furnishing of the bathroom, floors and parquet.
The Seller makes certain products of its network of producers available for distance selling (for brevity also "Products") through the website www.quarantaceramiche.it (hereinafter, "the Site").
These General Terms and Conditions of Sale are applicable to all sales of products concluded at a distance through the Site and regulate distance sales in accordance with and in compliance with national and European regulations in force on the subject, including Legislative Decree. n. 70/2003, the Legislative Decree n. 206/2005 and subsequent amendments (hereinafter the "Consumer Code") and the European Directive n. 2011/83 EU on Consumer Rights.
1. Scope of application
1.1 These general conditions of sale govern the sale through the Products Site offered by the Seller.
1.2 These general terms and conditions of sale may be modified by the Seller at any time. Any changes will be effective from the moment they are published on the Website in the "General sales conditions" section, present on the Website homepage. Customers are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Sales Conditions. The applicable sales conditions are those in effect on the date of transmission of the purchase order of a product by the customer.
1.3 Before proceeding with the purchase of Products through the Website, the Customer must carefully read these General Terms and Conditions of Sale, made available in the "Terms of Sale" section of the Site.
1.4 It is understood that the execution of the Purchase Order through the Website implies total and absolute knowledge of these General Terms and Conditions of Sale and their full acceptance.
1.5 These General Terms and Conditions of Sale do not regulate the sale of Products by parties other than the Seller, even if they are present on the Site through links, banners or other hypertext links. Given this, the customer is invited, before proceeding with the possible forwarding of orders and / or with the purchase of products and services from parties other than the seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held responsible for the supply of goods or services by third parties.
1.6 In the event that the person who purchases products on the Site requires the issuance of an invoice and / or in any case is not a "Consumer" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the discipline of withdrawal pursuant to art. 8 of these General Conditions nor, more generally, the provisions that apply only to "consumers" pursuant to the same Consumer Code.
2. Information directed to the conclusion of the Contract
2.1 The Seller informs the Customer that:
- to conclude the purchase contract of one or more Products on the Site, the Customer must place an Order to purchase the products, filling in an electronic order form and send it to the Seller, electronically, following the instructions that appear on the Site;
- the Contract is concluded when the user receives from the Seller, at the e-mail address indicated, the confirmation e-mail of the forwarded Purchase Order. This confirmation message will contain date and time of execution of the order and a "Customer Order Number", to be used in any further communication with Quarantaceramiche.it and to be used in the purpose of the bank transfer.
- before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase;
- the registration credentials (e-mail address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them.
2.3 In any case, the Seller reserves the right to evaluate the acceptance of the Orders received and not to accept purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products. If the Seller does not receive the payment within 5 days of sending the order confirmation email, send the Customer a payment reminder e-mail. If after 5 days from sending the reminder email, the Customer has not made the payment, the contract is considered as terminated by law (art. 1454 c. Formality to fulfill).
3. Registration on the Site and Purchase Order for the Products
3.1 Purchase Orders can be made directly through the Site, only by persons of age who are not in conditions of legal incapacity.
3.2 The Customer who intends to make the Purchase Orders for the Products can register on the Website and enter the requested data. In any case, it is in any case necessary to provide the Seller with a valid e-mail address to which all mandatory information is forwarded to the Customer, as well as the communications required by these General Sales Conditions or in any case concerning the Product Purchase Order.
3.3 The description of the characteristics of the Products that can be purchased, together with one or more photographic images that allow a correct representation of the Products, is present on the Site, in the Purchase Order and in the Order confirmation sent to the Customer at the end of the purchase procedure.
3.4 The images and descriptions in each product sheet reproduce the characteristics of the Products as closely as possible but must always be intended as indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products submitted by the Customer will prevail. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ slightly even if reproduced in photographic studios, the shade varies according to the type of light used in the studio "warm light / cold light / distance between the product and the surrounding lighting and the type of camera used.
3.5 To view the selected Products and their total price, click on the cart icon. The Customer is asked to verify the accuracy of the contents of the cart before confirming the Purchase Order of the Products, entering the requested data and following the instructions provided on the corresponding page of the Site, as well as confirming that they have read and accepted these Conditions general sales policies.
3.6 The Customer has the right to make changes or make corrections of any errors before sending the Purchase Order to the Seller following the instructions contained in the Website.
3.7 The Customer, before the shipment is made by the Seller, can cancel the order by promptly notifying the address email@example.com and subsequently contacting our operators at the number: 099 9737128.
4. Product Prices
4.1 All Product prices published on the Site are expressed in Euro (or in the currency of the selected country) and are inclusive of VAT. Delivery costs, (which may vary depending on the chosen delivery method and / or in relation to the payment method used and the quantity / weight of the products), are specifically indicated in the product sheet, in the purchase order and in the e - Order confirmation email sent to the customer.
4.2 The prices of the products published on the homepage or in the different sections of the Site are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Products, if this is different from Italy, which will be charged to the Customer. The Seller reserves the right to modify at any time the prices of the products that are shown on the Site. Any changes to the prices of products will not, however, be effective against Customers who have already provided for the forwarding of an Order ..
4.3 In the event that a product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated and what this full reference price corresponds to.
4.4 For the smaller islands or the disadvantaged localities a supplement may be provided which will in any case be indicated before the conclusion of the order. Alternatively, the goods are always available for free in the storage area.
5. Payment and invoicing methods
5.1 The payment by the Customer can be made in Euro (or in the currency of the selected country) using one of the payment methods indicated on the Site and listed below.
5.2 Credit card: the confidential data of the credit card (card number, expiry date holder, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access and does not store the data of the credit card used by the Customer for the payment of the Products, not even in the event that the same proceeds to save the Credit Cards, except for the single data relating to the holder of the paper.
5.3 PayPal: payment for the Products purchased on the Site can be made through the PayPal payment solution. If the Customer chooses PayPal as the payment method, he is redirected to the www.paypal.it site where he can pay for the Products based on the procedure provided for and regulated by PayPal and the terms and conditions of the contract agreed by the Customer with PayPal . The personal data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not memorize in any way the data of the credit card connected to the Customer's PayPal account or the data of any other payment instrument connected with that account.
5.4 Bank transfer: during the purchase procedure, it is possible to select the transfer as a payment method. The IBAN to be used to make the transfer is indicated in the "payments" section of the Website.
6. Delivery of the Products
6.1 Following the confirmation of the Purchase Order sent to the indicated e-mail address, the Customer can follow online the delivery of his Order.
6.2 For any information regarding the delivery, the Customer can contact the Seller's Customer Service, whose contacts are indicated in the "Terms and conditions of use" contract.
6.3 Deliveries of Products are made all over the world. The delivery obligation is considered fulfilled by transferring the material availability or in any case the control of the Products to the Customer.
6.4 Delivery costs are always charged to the Customer. The amount of delivery costs due by the Customer in relation to a specific Purchase Order is expressly and separately indicated on the Site during the purchase process, in the Order and in the Order confirmation e-mail.
6.5 During the purchase process, before the Customer transmits the Purchase Order of the Products, the terms within which the Seller undertakes to deliver the Products covered by the Order, in addition to the zone and the method of delivery, will be indicated , also of the possibility that the Customer purchases more Products with the same Order.
6.6 The shipping terms run from the time of payment (made electronically).
6.7 In the case of delivery to the address indicated by the Customer in the Purchase Order, the Products purchased on the Site will be sent and delivered through a courier agreement with the postal address indicated by the Customer, according to the costs and terms indicated on the Site during the procedure of purchase, before the user proceeds with the transmission of the Order.
6.8 If after three delivery attempts by the courier it has not been possible to deliver the goods, Quaranta Ceramiche Srl sends an e-mail to the Customer to communicate that the product is in stock. From this moment on, the customer has 10 days to collect the product at the storage depot, after which Quaranta Ceramiche Srl has the right to take back the product by returning to the customer the sum paid by the latter with the exception of shipping costs since it is at the expense of Customer.
6.9 Quaranta Ceramiche Srl will not be responsible for failure or delayed delivery due to force majeure, such as for example strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, heavy snowfalls, flooding and damage to industrial machinery not dependent on Quaranta Ceramiche Srl. The Seller will promptly notify the Customer of the occurrence of a case of force majeure.
6.10 In the event that the Customer is a Consumer, he has the right to exercise the withdrawal under the terms and conditions set forth in the following point 8 of these general sales conditions.
6.11 The possibility of choosing the courier by the Customer is excluded. In the event that the Customer is a Consumer, the art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a a third party designated by him and different from the carrier, enters into physical possession of the goods.
7. Conformity of the delivered Products
7.1 The responsibility for transport is borne by Quaranta Ceramiche Srl, which in the event of damage to the product that occurred during transport, will be claimed on the courier.
7.2 The Customer is responsible for verifying the conditions of the Products delivered to him. The Customer assumes the risk of non-delivery or damage to the products ordered, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and different from the carrier, materially comes into possession of such products.
7.3 it is the responsibility of the Customer at the time of delivery of the goods to check that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (quality check). Any damage must be immediately reported to the courier who makes the delivery (by accepting the goods with a prudent reservation to be written in the courier's DDT: Ex: "box with holes on the side", "box open and without personalized tape", " damaged box ", etc.).
7.4 In the event that the product has been damaged during transport, the Customer must notify the Seller by e-mail within 24 hours, detailing the damage that the product has suffered. In addition, in order to take advantage of the insurance included in the price, any damage must be reported in maximum 24h "working days from receipt of goods" to the following address firstname.lastname@example.org, or by fax to n. 099-9737128 or by registered mail to the address: Strada Statale 7 ter KM 20,200 ZI 74024 Manduria (TA).
7.5 In any case, at the time of delivery the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present production defects or further defects of conformity. In addition to the specific guarantees that may be provided to the Customer together with the delivered product, the legal guarantees provided for by Italian law are also applicable to the sale of the Products purchased on the Site.
7.6 According to the art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate price reduction or termination of the contract. The Consumer may, at his option, ask the Seller to repair the goods or replace them, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
In the event that the package shows obvious signs of tampering or alteration, it is also recommended that the Customer immediately notify Customer Service at the address indicated below.
The guarantee of legal conformity of the goods, provided for by the articles 128 ss. of the Consumer Code, is equal to 24 months: specifically, the Seller is liable, pursuant to Article 130, when the lack of conformity occurs within two years of delivery of the goods. It is understood that the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (art. 132 Consumer Code).
7.7 The Consumer's request to assert the guarantee of conformity of the products must be communicated to the Seller by contacting Customer Service on 099 9737128.
8. Right of withdrawal for the Consumer
8.1 If the Customer is a Consumer, he can exercise the right of withdrawal pursuant to articles 52 et seq. of Legislative Decree n. 205/2006 (Consumer Code) within fourteen days starting from the day on which the Consumer himself or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Consumer through a order only and delivered separately, from the day on which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the last good.
8.2 To exercise the right of withdrawal, it is sufficient to inform us of your decision to withdraw from this contract by means of an explicit declaration, for example by registered letter sent by post to the following address: Quaranta Ceramiche Srl SS 7 ter KM 20,200 ZI, 74024 Manduria ( TA), or by sending an email to email@example.com.
8.3 In order for the withdrawal or return to be accepted by the Seller, the Products must be returned within 14 (fourteen) days from the date on which the Customer communicated to the Seller that he wished to withdraw from the purchase or return by sending of the withdrawal form and in compliance with all the following conditions:
- the products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
- the products must be accompanied by the purchase receipt;
- the products returned by the Customer must not have been opened, used, damaged, but may have been handled and inspected to establish their nature and characteristics;
- any damaged products subject to the return must be returned as received by the Customer, without the same subjecting them to modifications, manipulations or attempts to repair them.
8.4 In the event of withdrawal, all payments made to the Seller (with the exception of the direct cost of returning the goods and those possibly incurred for cash payment) are reimbursed to the Customer, according to the payment methods chosen for the purchase , in relation to the product for which the withdrawal was exercised. Furthermore, the Consumer must also be guaranteed the return of the original shipping costs in addition to the price of the goods. The Seller reimburses these payments without undue delay and in any case within fourteen days from the day on which it is informed of the Consumer's decision to withdraw from the contract.
The professional can withhold the reimbursement until he has received the goods or until the Consumer has demonstrated that he has sent back the goods, depending on which situation occurs first (pursuant to Article 57 of Legislative Decree 206/2005 Consumer Code).
According to the art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the Consumer is solely responsible for the decrease in the value of the goods resulting from the handling of goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The refund is made based on the method of payment chosen by the Customer and does not involve any additional cost for the Customer.
9.1 If you have a complaint against Quaranta Ceramiche Srl following the purchase of a product or service and it was not possible for you to resolve it by contacting our Customer Service, remember that you have the opportunity to present it through the ODR platform (Platform for resolution online dispute resolution), managed by the European Commission. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
10. Limitation of Liability
10.1 Outside the cases of willful misconduct or gross negligence, the Seller is in no way liable to the Customer for direct or indirect damages that may derive from the purchase of Products offered for sale on the Site.
10.2 The Seller also declines any contractual or extra-contractual liability for direct or indirect damages, caused by the non-acceptance or avoidance, even partial, of an Order.