- Sales terms and conditions
Sales Terms and Conditions for online purchases on the site store.ceramichesbaraini.it
Ceramics Sbaraini srl, with registered office and headquarters in Azzano Mella (BS), Via Quinzano, 4 - cap 25020, VAT n. 01658010176 (hereinafter "Sbaraini") has enabled all users to purchase products via the Internet, (hereinafter "Products"), via the website store.ceramichesbaraini.it (hereinafter "Website") of which Sbaraini is the sole and exclusive owner.
1) General notes
These general conditions of sale ("General Conditions") are regulated by the Consumer Code (Legislative Decree. N. 206/2005, and subsequent amendments and additions) and the rules on electronic commerce (Legislative Decree. N. 70/2003 and subsequent amendments and additions) and apply only to the remote selling of products through the web site store.ceramichesbaraini.it, where there is a button "Add to shopping basket". These General Conditions are to be considered valid from the moment the order (hereinafter "Purchase Order") is placed by the customer (hereinafter "Customer").
2) Public Offer
The Products and Services priced as on the Website constitute an offer to the public in accordance with the procedures set out in the General Conditions and within the Website itself. The conditions of this offer only apply to purchases made on the website indicated above. The purchase contracts concluded on the Website and concerning the Products ("Purchase Agreements" or simply "Contracts") are made with Ceramiche Sbaraini Srl.
All Prices of products listed on the Website include VAT. Delivery costs (hereinafter "Delivery costs") are charged to the Customer and adequately detailed in the Purchase Order.
The Price shown on the Website at the time of the Order is applied to the Product without any consideration of previous offers or any changes in Price that occur thereafter.
The Customer will successfully complete the Ordering Procedure if the Website does not show any error message (note: the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to the addresses for billing and shipping). The Purchase Agreement will be concluded between Sbaraini and the Customer upon receipt of the Order by Sbaraini. Then Sbaraini will acknowledge receipt of the Order by sending an e-mail confirming the order (hereinafter "Order Confirmation") to the email address supplied by the Customer. This Confirmation summarises the Products and Services and their related Prices (including the costs of Delivery, address for delivery, and the purchase number (hereinafter "Order Number").
Sbaraini reminds the Customer to check with the utmost care and attention as regards the correctness of the data contained in the Order Confirmation and communicate to Sbaraini within 24 (twenty four) hours of receipt if any corrections are necessary. The Order Number, generated by the system and communicated by Sbaraini, must be used by the Customer in every communication with Sbaraini.
Occasional lack of Product availability may occur, in which case, wherever the Products chosen by the Customer are not available as a whole or in part, Sbaraini will notify the Customer
5) Method of Payment
Payment for the Order must be made when the purchase is referred to Sbaraini.
Payment must be made online by credit card or by prepayment with a bank transfer.
Sbaraini will issue an invoice for the Purchase Order sent via e-mail to the person whose name the Order has been made in. The information provided by the Customer will be used when issuing the invoice. Sbaraini therefore reminds the Customer to always check the accuracy of the information provided very carefully.
6) Delivery Method
Sbaraini will arrange the Delivery (hereinafter "Delivery") by specialized couriers personally assigned by Sbaraini (hereinafter "Courier"). At the time of delivery the presence of the Customer or a trusted delegate is required to make sure that the packaging is intact and clean, and that the Products received correspond to the information on the Order. In case of visible defects, such as incorrect quantity and / or the wrong product or opened packaging, Sbaraini asks the Customer or a person in his confidence to report these anomalies on the delivery note and contact Sbaraini.
Sbaraini will deliver the products purchased to the address given by the Customer, within 30 (thirty) days from the Order.
In general, the Delivery will take place without prior appointment and is intended to reach only street level. The Delivery will be made by courier between 8.00 and 19.00 Monday to Friday. The Courier will carry out 2 (two) attempts to deliver the products to the address specified by the Customer. In case of absence at the first Delivery the Courier will leave a message with a phone number to be contacted in order to arrange a second Delivery which, otherwise, will be made the following working day after the first Delivery. After the second unsuccessful attempt the Products will be kept in storage for free by the Courier for 10 (ten) days (calendar), during which the Customer may contact him for further agreements. After 10 (ten) days (calendar) of storage, the order will be automatically cancelled and Sbaraini will provide notice of cancellation to the Customer with reimbursement of the value of the Order minus the cost of Delivery, which will be borne by the Customer.
7) Delivery Costs
Delivery costs (hereinafter "Delivery Costs") are charged to the Customer and properly highlighted and detailed in the Purchase Order and subsequent Order Confirmation.
8) Right to Returns
If the order is made by a "Retail Customer", as defined in Article 3 of the Consumer Code, the competing rights referred to are in art.52 et seq. of the Consumer Code, as amended by Legislative Decree of 21.02.2014 no. 21, and therefore the right to terminate the Purchase Agreement ("Right to Returns") for any reason, without explanation and without penalty is upheld in the manner set out below.
The Return will be subject to all (Total Return) or only part (Partial Return) of Products purchased by the Retail Customer.
The Returns period expires after 14 (fourteen) days from the day when the Retail Customer or a third party other than the Courier and indicated by the Retail Customer, acquires physical possession of the product /s (hereinafter "Returns Period").
The right of Return is exercised by sending a notice of Return (hereinafter "Return Notice") by regular mail addressed to before the expiry of the Returns Period as mentioned above to:
Sbaraini Ceramics Ltd. Via Quinzano, No 4 25020 Azzano Mella (BS).
Alternatively the Returns Notice can be sent within the same Return Period as indicated above by e-mail to the following address: email@example.com. The Returns Notice shall specify the intention to withdraw the Purchase and Return the Product or Products for which it intends to exercise the right of Return. Sbaraini, to facilitate the right of Returns will provide a special form to be used as a Returns Notice available to its Retail Customers and easily identified on the site under "Returns".
Following the proper exercise of the right of Return, as outlined in art. 52 et seq. of the Consumer Code as mentioned before, Sbaraini will forward the Procedure Number via email to the Retail Customer. This number will be indicated by the Retail Customer upon return of the Product/s (the "Return"). The Return of the Product/s must be carried out within 14 (fourteen) days from the date on which the Retail Customer communicated his decision to Return the Product/s, pursuant as per art. 52 of the Consumer Code as previously mentioned. This stipulated deadline will be met if the Retail Customer sends back or returns the Product/s in question within 14 days. The Retail Customer may return the Product/s to the headquarters of Sbaraini.
Sbaraini reminds its Retail Customers that the transport costs for the return of the Product/s in question shall be borne by the Retail Customer and that the Return is under the responsibility of the Retail Customer himself. Sbaraini also reminds its Retail Customers, before returning the Product/s he must check that the Product/s to be returned is/are intact and in good condition, placed in the original packaging, complete in all its parts (including packaging and related documentation).
The Retail Customer, in accordance with current regulations, shall only be liable for any diminished value of the Product/s resulting from any handling of the Product/s not related to checking the characteristics and correct functioning of the Product/s.
If the right of Return has been properly exercised in accordance with art. 52 et seq., Sbaraini will refund the Retail Customer the full amount paid, inclusive of Delivery charges within 14 (fourteen) days from the day he was informed of the decision of the Retail Customer to terminate the Purchase Agreement. The amount will be refunded by the same means of payment used by the Retail Customer for the initial transaction, unless expressly required by the Retail Customer and provided that the Retail Customer does not incur any fees as a result of the reimbursement. Sbaraini, pursuant to art. 56 of the Consumer Code as amended by Legislative Decree n. 21/2014, reserves the right to withhold the reimbursement until he has received the Product/s or until the Retail Customer has supplied evidence of having sent the Product/s depending on which situation occurs first.
9) Legal and Convention Guarantees
a) Legal Guarantee for the Retail Customer: The Retail Customer (hereinafter "Retail Customer"), as defined in Art. 3 of the Consumer Code (hereinafter, "Consumer Code" Legislative Decree 6 September 2005, no. 206), has the right to avail himself of the legal guarantee provided by the Consumer Code articles 128 to 132. This guarantee means, among other things, that the Retail Customer, subject to revocation, may report Sbaraini for any lack of conformity found by the Retail Customer in the Product purchased within 2 (two) months from the discovery (art. 132, the Consumer Code). Following this complaint, the Retail Customer will have the right to request the repair or replacement of the Product, without altering any other rights provided by law in favour of the Retail Customer. By virtue of the legal guarantee above, Sbaraini is responsible for any lack of conformity which becomes apparent within 2 (two) years from the Delivery of the Product. After that date, Sbaraini, therefore, is no longer responsible for the faults found by the Retail Customer. In case of replacement or repair of the Product, the terms of the warranty on the Product are the same as the original product. Therefore, the total duration of the two-year legal guarantee will start from the Delivery of the original product. To obtain the guarantee you must show the receipt of purchase. In any case regarding the conditions of the legal guarantee, reference should be made to the rules of the Consumer Code from Article 128 onwards.
b) Legal Warranty for the Non-Retail Customer (Professional):
The Non-Retail Customer, as defined in Art. 3 of the Consumer Code, has the right to avail himself of the legal guarantee provided by the Civil Code. This guarantee means, among other things, that the Non-Retail Customer, subject to revocation, may report Sbaraini for any lack of conformity found in the Product purchased within 8 (eight) days from the discovery. The legal guarantee above is valid for a maximum period of 12 (twelve) months from the Delivery of the Product. After that date, Sbaraini, therefore, is no longer responsible for the faults found by the Non-Retail Customer. To obtain the guarantee you must show the receipt of purchase.
c) Further guarantees: Some products provide additional warranties; check the warranty conditions in the documentation supplied with the product.
Customer data is treated by Sbaraini in accordance with the provisions of the legislation on protection of personal data, as specified on the Privacy page
11) Products not available online
Products that do not show the price cannot be purchased through e-commerce. In these cases the customer must request information and receive a customised offer by email. He may then decide to pay by bank transfer or by credit card with the button ‘Pay now’.