Terms and conditions

General Terms and Conditions of Contract

Preamble

The following General Terms and Conditions of online sales (hereinafter referred to as the “General Terms”) of the B2C (business-to-consumer) type govern the contract for the sale of products manufactured by the individual company Ceramiche De Piazza di De Piazza Pierbattista (hereinafter referred to as the “Seller”), VAT number IT 00404600140, with its registered office in Grosio (SO), Via Alfieri 6, registered with the Chamber of Commerce of Sondrio under registration number REA SO-33213, phone +39 3382144240, email info@ceramichedepiazza.com, ceramichedepiazza@pec.it, through its website www.ceramichedepiazza.com (hereinafter referred to as the “Site”) and the buyer (hereinafter referred to as the “Consumer”), a natural person acting for purposes unrelated to entrepreneurial, commercial, artisanal, or professionally performed activities, as stipulated by the legislator in Article 3, paragraph 1, letter a) of Legislative Decree No. 206/2005 (hereinafter referred to as the “Consumer Code”). Therefore, individuals or legal entities wishing to make purchases through the Site for purposes related to entrepreneurial, commercial, artisanal, or professionally performed activities are excluded from online sales.

The “Parties” are defined as the Seller and the Consumer together.

The term “Consideration” refers to the price paid by the Consumer for the purchase of a product from the Site.

These General Terms have been drawn up in Italian and English. In case of disputes or difficulties in interpretation, only the text in the Italian language is considered authentic and legally effective.

The Consumer declares to be of legal age and to have full legal capacity to act.

The Seller reserves the right to modify the General Terms at any time. Any modifications and/or additions to these General Terms shall be considered valid and effective from the date of publication on the Site, which is accessible at the bottom of the document, for all orders placed after that date; for all others, the document published at the time of the order shall be deemed valid and effective.

The above preambles are to be understood as an integral part of the contract in all respects.

Article 1 – Subject of the Contract

These General Terms and Conditions aim to define the rights and obligations of the Parties arising at the time of the distance selling of products, displayed on the Seller’s website, by means of telematic network. Through these terms, the Seller, Ceramiche De Piazza, sells and the Consumer purchases the products chosen by them and placed in the virtual shopping cart, following the procedures subsequently described, by making a monetary payment as consideration.

Article 2 – Acceptance of Terms and Conditions of Sale

2.2 The Consumer who accesses the Site is required, before electronically submitting the order, to review the General Terms and the Privacy Policy, on which they must then give or deny their consent. In case of non-acceptance, it will not be possible to complete the order.

2.3 The submission of the order implies the mandatory acceptance of both the General Terms and the Privacy Policy. The Consumer, therefore, cannot subsequently claim non-viewing as a clause of contract invalidity.

2.4 Any clauses proposed afterward are considered null and void unless they have been previously put in writing and accepted by both Parties.

Article 3 – Purchase Procedure

3.1 The products on the Site, once selected and placed in the virtual shopping cart by the Consumer, can be modified until the moment the virtual “Place Order” button is clicked. Before that moment, as well as in the case of closing the browser, they can be manually removed, in whole or in part, from the virtual shopping cart without any cost to the Consumer.

3.2 In order to complete the purchase procedure, the Consumer is required to choose the shipping method, click the virtual “Proceed with the order” button, log in or not with their account as per preference, enter billing and shipping information as specified in Article 4, accept and review the General Terms and the privacy policy, and finally, click the virtual “Place Order” button.

From that moment on, the order cannot be modified.

Article 4 – Products, Sales Prices, and Invoicing

4.1 The images of the products are purely for illustrative purposes. Any slight color variations, resulting from image acquisition through photographic support, should be considered a normal consequence of the digitization process.

4.2 The prices of the products and shipping displayed on the Site are in euro (€) and are considered inclusive of VAT. The Seller reserves the right to change prices at any time according to the methods of public offering under Article 1336 of the Italian Civil Code.

4.3 Any additional charges or duties are always the responsibility of the Consumer, even if the shipment is free of charge.

4.4 The Consumer must choose, at the checkout, whether to request electronic invoicing.

The request, optional, has take place into “Order notes (optional)”. In that case, in addition to the regular mandatory shipping details, the insertion of the social security number is required. Within 12 days, the Seller will proceed with the issuance of the electronic invoice and send it to the Consumer.

Once the “Place order” button is pressed, no further modifications can be made by the Consumer.

Article 5 – Conclusion and Effectiveness of the Contract

5.1 The contract will be perfected only at the moment of the Seller’s acceptance of the order, which will be done solely through the sending of an email to the Consumer containing formal order confirmation.

5.2 Without prejudice to the legal obligation of 30 days, the Seller commits to ship the product within 5 days and to promptly inform the Consumer of the related shipping confirmation.

Article 6 – Payment Methods

6.1 The Consumer has the right to choose from 3 payment methods:

   a) Credit card/debit card. The Site utilizes the Woopayments system, and the Consumer can make a secure payment following the guarantees offered by the platform. Once the transaction is completed, the Consumer will receive an email confirming the receipt of the order, which is currently in the processing phase by the Seller.

   b) Bank transfer. Bank account details will be sent later via email upon receipt of the order, which is currently pending, by the Seller. Payment by bank transfer typically requires a longer processing time of approximately 1-5 working days. The Seller will proceed with the shipment only upon receiving the payment. It is necessary to include the order number in the payment reference.

   c) Paypal. In the case of payment through a PayPal account, the Consumer will be redirected to the PayPal website. After logging in with their access credentials, they can proceed to confirm the payment. Once the transaction is completed, the Consumer will receive an email confirming the receipt of the order, which is currently in the processing phase by the Seller, and a payment confirmation according to the settings chosen on the PayPal platform.

6.2 Bank processing times may vary depending on the chosen method.

6.3 The Seller, once normal precautions regarding payment security on their Site are taken, disclaims any responsibility for fraudulent or illegal use of the Consumer’s payment cards by third parties.

6.4 The Seller is exempt from any delays not attributable to them due to payment processing by the involved banking institutions.

Article 7 – Delivery Methods

7.1 The delivery methods are specified in the virtual shopping cart and may vary depending on the destination country and the type/quantity of products purchased:

   a) Product pickup at the Seller’s registered office is always free of charge;

   b) In Italy, home delivery is free for orders over €100. Above this amount, a fixed fee of €10 will apply. Estimated delivery times can range from 1 to 3 working days;

   c) Shipping within Europe is always subject to a fixed fee of €10. Delivery times can vary from 3 to 5 working days.

Delivery times are purely indicative and do not hold the Seller responsible in case of non-compliance by the courier.

7.2 The Seller ships only to Italy and the European Union, with some territorial limitations: Livigno, Vatican City, San Marino, Switzerland, Lake Lugano, Campione d’Italia, Azores, Madeira, French overseas departments, Gibraltar, Canary Islands, Balearic Islands, Andorra, Ceuta, and Melilla. Orders from these locations will be rejected.

7.3 If the Seller intends to accept an order from a country other than those normally accepted, any agreement must be made in writing via email to info@ceramichedepiazza.com, with shipping and payment terms accepted by the Parties at that time.

7.4 The delivery obligation is considered fully fulfilled when the Consumer physically receives the product. The Seller is exempt from any claims for damage or loss of the package if the pickup is not made by the Consumer or a person formally delegated by them.

7.5 The Seller, in compliance with the legal obligation of 30 days, reserves up to a maximum of 5 working days to hand over the product to the courier. These times are calculated from the day following the Seller’s acceptance of the order.

7.6 Partial delivery for the same order is not allowed. Any subdivisions are purely logistical in nature for the Seller and do not result in additional costs for the Consumer.

7.7 The delivery times indicated on the Site are considered purely indicative. Therefore, the Seller will not be held responsible for any delays beyond their control, such as strikes, force majeure, or problems related to order planning. Any claim for compensation in such cases is entirely rejected.

7.8 The Seller is also not responsible for delivery errors due to inaccuracies or omissions in the Consumer’s order details during the purchase process.

7.9 In case of repeated inability to deliver the products according to the data provided by the Consumer when placing the order, if the order is canceled due to the Consumer’s fault, the Seller reserves the right to request compensation from the Consumer for all expenses incurred.

7.10 At the time of delivery, the Consumer is required to immediately verify, in the presence of the courier, the number of packages and the integrity of the package. If the packaging appears damaged, wet, or altered in any way, including the sealing seals, the Consumer must accept the package with a reservation, indicating any damage in detail, and immediately inform both the courier and the Seller. The phrase “accepted with reservation” alone will not be considered sufficient. Once the receipt document for the products is signed, the Consumer cannot make any claims regarding the integrity of the package or the number of packages, but the right of withdrawal under Article 12 and the warranties under Article 9, if applicable, will remain valid.

7.11 The Consumer is also required to verify the conformity of the products and, if not, promptly notify the Seller. Otherwise, the products will be considered conforming and accepted.

Article 8 – Refund Methods

8.1 In the event of one or more proven reasons as outlined in Article 12, following mandatory verification and acceptance by the Seller, the Consumer shall be entitled to a refund in accordance with the expressly provided methods.

8.2 Within 14 days of the approval of the request, the Seller will proceed to make the refund using the payment methods used by the Consumer at the time of the order or as mutually agreed between the Parties.

Article 9 – Warranty and Assistance Procedures

9.1 In accordance with the legislation set forth in Legislative Decree No. 206 of September 6, 2005, the Seller guarantees the legal warranty of conformity of the product, meaning its freedom from defects and manufacturing faults.

9.2 The warranty for lack of conformity is valid for 24 months, and beyond this period, any defects or faults are the responsibility of the Consumer in their entirety. This period starts from the delivery of the products and must be claimed within 8 days of their discovery, using ordinary diligence. In such cases, the Consumer must promptly contact the Seller regarding any defects or faults, always including the order number and information for identifying the order. The only recognized method for claiming the legal warranty of conformity is the email address info@ceramichedepiazza.com. Requests made through other platforms will not be considered.

9.3 Once the Seller accepts the conformity of the defect covered by the warranty, they will arrange for repair or replacement depending on the nature and extent of the required action. The Seller reserves the right to choose based on their own technical evaluation. Acceptance is an essential requirement. In case of non-acceptance, the warranty is refused, and the Seller is exempt from paying any shipping costs incurred by the Consumer, and the return of the product will be at the Consumer’s expense. If accepted, on the other hand, shipping costs are borne by the Seller.

9.4 Defects that were visible before the purchase, as they were already known to the Consumer and therefore tacitly accepted, are excluded from the application of the legal warranty.

9.5 Excluded are defects or faults due to normal wear and tear of the products, incorrect storage, improper cleaning, incorrect assembly, or any form of improper use, as well as accidental drops.

9.6 The Seller is excluded from any liability for damages of any kind, direct or indirect, caused to property or persons that are not directly related to the intended use for which the products were made.

9.7 Enjoying the warranty in no way results in its renewal for another 24 months; it runs from the date of the order and naturally expires within that period.

Article 10 – Obligations of the Buyer

10.1 The Consumer is obligated to pay the consideration specified for the products chosen and purchased by them during the order process.

10.2 The Consumer is responsible for providing accurate personal and shipping information. Any incorrect information relieves the Seller from any inaccuracies in tax documents corresponding to them.

10.3 The Consumer is responsible for printing or correctly storing the General Terms during the purchase process.

Article 11 – Express Termination Clause for Contract Termination

Failure to comply with even a single clause contained in Article 9 will result in the extrajudicial termination of the contract in accordance with the provisions of the Italian Civil Code, Article 1456, paragraph 1. Express termination, as further provided in paragraph 2, will occur automatically if the Seller decides to exercise it, without judicial proceedings, by simply sending an email notification to the Consumer.

Article 12 – Right of Withdrawal and Exclusion Cases

12.1 Our website’s withdrawal policy is based on the Consumer Code, Legislative Decree No. 206 of 2005 (and subsequent amendments introduced by Legislative Decree No. 21 of February 21, 2014).

As explicitly defined by the legislator in Article 52, paragraph 1: “Without prejudice to the exceptions provided for in Article 59, the consumer has a period of fourteen days to withdraw from a distance or off-premises contract without giving any reason and without incurring costs other than those provided for in Article 56, paragraph 2, and Article 57.”

12.2 The expenses for the possible return of the products are the responsibility of the Consumer.

12.3 Therefore, in order to exercise the right of withdrawal, the customer, within 14 days of receiving the product, must communicate through the email address info@ceramichedepiazza.com their intention to withdraw, indicating the order number and the necessary information for the proper handling of the operation. No justification is required, but requests received through other electronic means will not be considered.

12.4 Once the request is made, the Consumer must return the products to Ceramiche De Piazza (Via Alfieri 6, Grosio 23033 (SO), Italy) within 14 days from the corresponding notification and in the same condition as they were received (new and undamaged). They must be intact in their original packaging, and thus, they should not have been used and then returned. Otherwise, the refund will be denied.

12.5 Once Ceramiche De Piazza receives the products, they will proceed to refund within 14 days using the same payment method used by the customer or as otherwise agreed.

12.6 Contrary to what is provided for in the Consumer Code, we have extended our customer protection policy. In the event that the customer decides to return a product purchased online in-store, it is possible, and the refund will be made in the same manner as the item was purchased. The 14-day period for the return of the product and the 14-day period for processing the refund remain unchanged.

Article 13 – Communications

13.1 The only official communication channel for the Seller is the email address info@ceramichedepiazza.com. Any other method of communication, requests for withdrawal or warranty, even if correctly sent to the Seller, should not be considered valid.

13.2 The official language of communication is Italian, but for foreign customers, English will be used.

Article 14 – Processing of Personal Data

14.1 The Data Controller of the Consumer’s personal data is Pierbattista De Piazza, the owner of Ceramiche De Piazza.

14.2 The Seller reserves the right to collect the Consumer’s personal data both directly during the ordering process and indirectly through cookies in accordance with the Site’s Privacy Policy. The Consumer is required to review the extended document (Privacy Policy).

14.3 Personal data is used and stored, both in paper and electronic formats, for the time necessary to ensure the fulfillment of obligations arising from the purchase contract and those required by law. Transfer to third parties will occur for the purposes mentioned in the extended document (Privacy Policy).

14.4 The Consumer can, as provided for in Article 15 of EU Regulation 2016/679, request information about the management and purposes of the use of their personal data from the Seller via the email address info@ceramichedepiazza.com, as well as request its deletion.

Article 15 – Jurisdiction and Competent Court

15.1 Regardless of the country of purchase by the Consumer, the contract is considered to be concluded in Italy and governed by its laws.

15.2 In the event of disputes, the Parties commit to resolving them fairly and with the diligence of a reasonable person.

15.3 If an amicable resolution is not possible, in accordance with Article 66 bis of the Consumer Code, the competent jurisdiction shall be the court in the jurisdiction where the Consumer has their domicile or residence (if located in Italian territory). If the Consumer is from another European Union (EU) state, the competent court shall be one in the jurisdiction where the Consumer is domiciled or resides.

Article 16 – Online Dispute Resolution

The Consumer, in accordance with what is provided in Article 3, paragraph 1, letter a) of the Consumer Code, is also informed of the existence of the European Online Dispute Resolution platform (ODR) accessible at the following link: http://ec.europa.eu/consumers/odr. Therefore, the Consumer can consult the list of ADR (Alternative Dispute Resolution) bodies and initiate an online dispute resolution procedure for their own dispute.

Article 17 – Intellectual Property Rights

The Website and all its contents are the property of Ceramiche De Piazza. The Consumer, upon the completion of the contract, does not acquire, in any way, the intellectual property rights of the Seller, which will remain its exclusive property (or the property of their respective owners). The term “intellectual property rights” refers to all rights related to elements contained on the Website, such as text, photographs, designs, the website domain, know-how, graphics, etc.

Article 18 – Final Clauses

18.1 The Seller is exempt from any form of liability, except in cases of willful misconduct or gross negligence, for malfunctions related to the internet network that are not attributable to them.

18.2 If one or more parts of these conditions are declared invalid or ineffective, the others are to be considered valid and effective.

01.11.2023
(Last update: 09.02.2024)