|GENERAL SALES CONDITIONS |
|Art. 1. PURPOSE OF THE CONTRACT |
1. Artigianfer Snc, with registered offices in Spello (PG - Italy) - VAT no. 02200230544, sells specifically-produced wrought iron products, selected and ordered from among those included in the electronic catalogue, to the Buyer over the Internet, with a remote sales contract.
2. Once the order has been placed, Artigianfer Snc will confirm the registration of the purchase order made by the Buyer in real time by sending an email message to the address indicated by the Buyer itself during the purchasing procedure.
3. Artigianfer Snc reserves the right not to accept purchase orders that are incomplete, not duly completed, and/or transmitted with false and/or fictitious data.
Art. 2 - OBLIGATIONS OF THE BUYER
1. Once the online purchasing procedure has been completed, the buyer agrees to print and/or otherwise preserve these general conditions, which must have already been read and accepted as a mandatory step of the purchasing procedure itself, as well as to print the specifications of the product being purchased. This is necessary in order satisfy the conditions indicated under articles 52 and 53 of Italian Legislative Decree no. 206/05.
2. It is strictly forbidden for the Buyer to enter false and/or fictitious data during the registration process, which is required to initiate the procedure for the implementation of this sales contract and the relative additional communications. The personal details and email address provided must also correspond exclusively to the Buyer's own personal data, and not to those of a third party.
3. The Buyer declares to be an adult.
Art. 3 – PRODUCT CHARACTERISTICS
1. The products for sale on the website www.artigianferonline.it are one-of-a-kind pieces hand crafted by Artigianfer Snc's blacksmiths specifically for the Buyer that orders them. For this reason, the product sold may have slight variations in terms of colour and dimensions with respect to that which is indicated on the item's data sheet; as hand crafted artisanal products, any minor imperfections are to be understood as hallmarks of quality and originality, and not defects.
2. Due to the nature of the products specified under point 1 above, Artigianfer Snc will not reimburse the customer for "items not consistent with the description" in the event of any complaints regarding slight aesthetic and size differences with respect to the photo and the description on the presentation sheet for the product purchased.
3. The wrought iron items shown in the online catalogue require production different time frames.
INDOOR CATALOGUE: 7-10 business days on average.
With the exception of the items belonging to the following categories:
"Bedside Tables and Benches" and "Furnishing Accessories", whose production requires 10/15 business days;
"Beds", "Chairs" and "Living Room Sets", whose production requires 20/25 business days.
The indicated time frames are valid for the provision of up to 10 identical pieces, and, in the case of the beds, up to 2 identical pieces.
For greater quantities, Artigianfer Snc shall notify the Buyer of the production times required.
OUTDOOR CATALOGUE: 20-25 business days on average, including galvanization time.
With the exception of the "Outdoor lamps", which require 15 business days.
The indicated time frames are valid for the provision of up to 10 identical pieces.
For greater quantities, Artigianfer Snc shall notify the Buyer of the production times required.
4. The Buyer is given the option to choose the desired finish, and for some products the size as well; exercising this option renders the Product Customised and, according to Italian Legislative Decree 185/99, the Buyer may not exercise the Right of Withdrawal in relation to the same.
Art. 4 - SHIPMENTS
1. The shipments and deliveries are made by Courier; unless otherwise indicated, the shipping charges are borne by the Buyer, and are included on the invoice issued at the time of the shipment. The Courier's delivery times are 2-7 business days, based on the destination of the goods, to which the times required for the production of the ordered items will be added, as indicated under point 3 of Art. 3.
2. The goods travel at the Buyer's own risk, and any damage must be reported to the Courier as the sole party responsible. The Buyer is required to check the goods at the time of delivery, and, if any damage is encountered, must indicate "subject to examination of the goods received damaged" upon the Courier's proof of delivery. No claims may be asserted in relation to Artigianfer for any such damages.
3. In accordance with the international laws governing Trade and Import and Export Transactions, all Artigianfer Snc merchandise is shipped from Spello - Perugia (Italy) with an invoice indicating the exact value paid (in Euros) and the parcel's contents. The products sold may be subject to import taxes, which are the sole responsibility of the end Buyer.
Art. 5 - TRANSPORT DAMAGE
1. If the buyer should encounter any external damage to the packaging, or discrepancies in the number of parcels, a written note indicating "subject to verification" must be applied to the Courier's proof of delivery, or else the damaged parcel must be refused with the relative reason being written in ink upon the proof of delivery that the Courier requests to have signed upon delivery.
2. If the Buyer accepts a parcel "subject to verification" and subsequently encounters a damaged product, the damage must be reported within 2 business days of the delivery by sending a registered letter with acknowledgement of receipt to Artigianfer Snc – Traversa di Via Navello no. 18 – 06038 Spello (PG) Italy. In addition to the reason for the complaint, the Buyer must also specify the purchase order number, and attach the relative fiscal documentation.
3. If the Buyer encounters product damage that is not visible from the outside, or a discrepancy in the number of products delivered, these must be reported within 2 business days of the delivery by sending a registered letter with acknowledgement of receipt to Artigianfer Snc – Traversa di Via Navello no. 18 – 06038 Spello (PG) Italy. In addition to the reason for the complaint, the Buyer must also specify the purchase order number, and attach the relative fiscal documentation.
4. If the buyer does not act in the manner and within the time frames specified under points 1, 3 and 3 of this article, he/she shall lose the right to obtain a replacement or refund.
Art. 6 - RIGHT OF WITHDRAWAL
1. The Buyer or end consumer has the right to withdraw from this contract, without penalty or justification, within 10 business days of the date of the products' receipt, after which time this right shall be forfeited.
The right of withdrawal can only be exercised by Buyers or end consumers without VAT numbers, for whom the use of the goods does not fall within the scope of their professional business activities.
2. The right of withdrawal must be exercised by the Buyer by sending a written notice, via registered letter with acknowledgement of receipt, to Artigianfer Snc – Via Navello no. 18 – 06038 Spello (PG) Italy.
The notice must indicate the number of the purchase order, the intention to withdraw from the purchase contract, and the product or products for which the right of withdrawal is being exercised; the Buyer must also provide a copy of a valid identity document, a copy of the fiscal purchase documentation, a phone number at which he/she can be contacted, and the details of the bank account to be used to receive the refund of the amount paid.
3. The notice can also be sent by telegram, fax, or e-mail, within the time frame indicated under art. 6.1 above, provided that it is confirmed by registered letter with acknowledgement of receipt within 48 hours thereafter.
4. Once the notice of withdrawal has been received by registered letter with acknowledgement of receipt, Artigianfer Snc shall notify the Buyer by telephone of the address to which the products to be returned must be shipped, along with the authorisation to return the products. The product to be returned must be packed with care in its original packaging, complete with all of its original contents, and shipped by the Buyer to the address provided. The Buyer's shipment must be made by courier within ten business days of the communication received from Artigianfer Snc. The shipment shall travel under the responsibility and at the risk of the Buyer itself until received by Artigianfer Snc. Upon receiving the products, Artigianfer Snc shall verify the integrity of the shipment, and shall refund the amount of the purchased product to the Buyer.
5. If exercising the right of withdrawal, the costs incurred by the Buyer to return the products to Artigianfer Snc shall be borne by the Buyer itself.
6. The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal.
7. If the right of withdrawal is exercised by the Buyer in accordance with the provisions of this article, Artigianfer Snc shall refund the amounts paid by the Buyer, excluding the costs incurred to return the products, within 30 days of receiving the notice of withdrawal.
8. In accordance with Italian Legislative Decree no. 185/99, the right of withdrawal cannot be exercised for contracts relating to the provision of Personalised Products, or rather goods that have been custom made or clearly personalised.
Art. 7 - PRICING
1. The Buyer shall pay Artigianfer Snc the price listed in the online catalogue for the purchased products at the time that the Buyer itself placed the order.
This price is expressed in Euros and includes VAT.
2. The shipping charges are to be borne by the Buyer, and will be indicated in the shopping cart during the purchasing process.
3. The product prices and shipping charges can be updated, and may therefore be subject to change on a daily basis.
Art. 8 - LIABILITY
1. If the products are not delivered by Artigianfer Snc within the time frame indicated under Art. 4 above, the Buyer shall have the right to withdraw from the contract by indicating these intentions in a registered letter with acknowledgement of receipt sent to Artigianfer Snc – Via Navello no. 18 – 06038 Spello (PG) Italy, complete with the number of the purchase order, the fiscal documentation, and the details of the bank account where the refund is to be received.
2. Artigianfer Snc assumes no responsibility for service disruptions caused by any kind of force majeure that may prevent it from delivering within the time frames agreed in the contract.
3. By way of example and without limitation, force majeure circumstances are to be understood as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events, as well as measures taken by the Public Authorities, strikes involving its own employees or the carriers that Artigianfer Snc uses, and/or any other conditions that are beyond its control.
Art. 9 - PAYMENT METHODS AND BILLING
1. Safe Purchases: the Artigianfer Snc online shop uses the card payment system provided by Paypal. All the Buyer's credit card information is sent through a secure server that uses a system with the highest standards of security to handle sensitive information online. Artigianfer Snc will never have access to the client's credit card information, and will only have access to the information necessary for billing and shipping the product to the delivery address (name, surname, and address). For more information, please visit www.paypal.com.
2. The Buyer shall pay for the ordered products in advance. The payment will include the shipping costs, which are clearly expressed during the purchasing process carried out using the website www.artigianferonline.it.
The Buyer's order is only considered confirmed once the payment has been made.
3. Artigianfer Snc shall send the invoice along with the shipment of the Buyer's order.
4. The indications provided by the Buyer at the time of the order will be used to issue the fiscal document. No changes will be able to be made after the fiscal document has been issued. For this reason, the Buyer must carefully check the data entered at the time of the order, as they will be used for the accounting records.
Art. 10 - CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
1. The obligations assumed by the Buyer under art. 2 above (Obligations of the Buyer), as well as the guarantee of the payment that the Buyer is required to make, are essential conditions of this contract, and therefore, by express agreement, the non-fulfilment of even just one of these obligations by the Buyer will result in the termination of the contract pursuant to art.1456 of the Italian Civil Code, with no need for judicial action, and without prejudice to Artigianfer Snc's right to seek compensation for any further damages.
Art. 11 - CHANGES
1. Artigianfer Snc reserves the right to change these General Conditions at any time by posting the updated version on the website www.artigianferonline.it.
2. Any new clauses will be effective for purchases made after the change has been made.
Art.12 -APPLICABLE LAW
1. This contract is governed by Italian law. For any matters not expressly envisaged herein, these general conditions defer to Italian Legislative Decree No. 206/05.
Art. 14 - LEGAL JURISDICTION
1. Any disputes that may arise in relation to the application, execution and/or interpretation of this contract stipulated online via the website www.artigianferonline.it shall be subject to Italian law.
2. The Law Courts of Perugia shall have jurisdiction over any disputes relating to this contract that may arise between the Parties.