1. General provisions
– Accepted the general conditions of the contract
– Looked over the information on the processing of personal data
– Created an account as detailed on the site.
1.2 According to and by operation of Art 7 and 12 of Dlgsl 70/2003 Chianti Arte Ceramica Srl informs the users of the following company information: the service provider of this contract and its general terms and conditions is the company Chianti Arte Ceramica Srl, with Headquarters in Via della Montagnola 86 Greve in Chianti (FI) P.IVA 06682810483 Rea number 647958.
1.3 The general conditions (from now on CGA) can be changed at any time, subject to the user’s right to withdraw from point 10 of the CGA. Any changes and / or new terms and conditions will be effective as soon as they are published in the “legal notes” section of the site. To that end, the users are kindly invited to regularly check the most up-to-date CGAs publications.
The applicable CGAs are those in force at the time of dispatch of the purchase order.
1.4 In the event that the user does not intend to accept the changes to the CGA, he / she will be entitled to withdraw by giving notice by registered letter sent to Chianti Arte Ceramica Srl, headquartered in Via della Montagnola 86 Greve in Chianti (FI) or via pec to firstname.lastname@example.org, with at least 7 days notice.
2.1 You may sign up or subscribe to the Chianti Arte Ceramica Srl Services from time to time available on the Site.
2.2 At the time of registration or subscription of the Services the User is required to provide accurate and truthful information. You agree to promptly inform Chianti Arte Ceramica Srl in the event of any changes to the information provided at the time of registration or subscription in order to ensure that the User himself can receive the messages sent by Chianti Arte Ceramica Srl, avoiding such messages being incorrectly transmitted to third parties.
3. Duration and Termination
3.1 The User’s registration to the site, or its subscription to one or more services, will be effective as soon as the procedure is completed.
3.4 The User may freely and at any time withdraw from the registration of the Site or from subscribing to a Service, without having to justify it; To exercise this ability, you must send an e-mail to email@example.com.
4. Protection of Industrial and Intellectual Property Rights
4.1 The terms “Website” and “Material” mean respectively, as an example and not exhaustive, the software, the implementation and the use of the Site, the layout, the structure and content of the Site, as well as any material reproduced and / or made available to the public, including, in particular, the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, design, distinctive marks, trademarks, logo, distinguishing elements said trade-dress or any other material reproduced and / or made available through the Site (“Materials”).
4.2 The Material on the Site, in whole or in part, including, as an example, but not limited to, the trademarks, domain names, designs and models, patents and copyrights, are protected and are ownership of Chianti Arte Ceramica Srl All rights therein, at international level, are reserved.
4.3 You may not, in any form whatsoever and / or by any means and for any purpose, even only partially, perform any of the following operations pertaining to the Site, any material on the Site or its software: reproduce (except to reproduce for personal and not commercial use),publish, disseminate, diffuse, make available for the public, publish again, distribute, display, remove, delete, add, or otherwise modify, create and / or use derived , or otherwise inspired works sell or take part in any way to the sale.
The download or the copy, if authorized by writing by Chianti Arte Ceramica Srl, does not involve the purchase, by the User, of any right, title, or interest in the Material or software.
5. Applicable Law – Jurisdiction
6. Specific Approval
The following clauses are specifically approved according to and for the purposes and for the purposes of Articles 1341 and 1342 of the Italian Civil Code: 1,2,3,5.
General conditions of Sale
- General Regulations
1.1 These general terms of sale (hereinafter referred to as “CGA”) are valid only between Chianti Arte Ceramica Srl and any person who makes purchases online on the website www.chiantiarteceramica.it.
These conditions may be subject to change and the date of their publication on the site corresponds to as the date of its coming into force.
1.2 The distance selling service governed by the General Conditions is reserved exclusively to consumers (hereinafter referred to as “Customers”); ‘Consumers’ means natural persons over 18 years of age who act for purposes unrelated to their commercial, business, craft or professional activities.
1.3 The language used for the conclusion of sales contracts through this Site is Italian. The general conditions of sale will also be written in English. In the case of any different translation, the Italian version should prevail.
2. Subject of the contract
2.1 By virtue of these general conditions of sale, Chianti Arte Ceramica Srl sells and the customers purchase at a distance the goods shown and offered for sale on the website www.chiantiarteceramica.it. The contract is concluded exclusively by Internet with the Customer’s access to www.chiantiarteceramica.it and the execution of an order of purchase according to the procedure provided by the site itself.
2.2 The customers are required to read carefully the General Terms and Conditions available on the Site in order to make themselves acquainted and accept them by affixing a flag in the indicated box. In the order confirmation email, the Customer will also receive the Link to download and archive a copy of these General Terms as provided for in Art. 51.1 of Legislative Decree no. 206/2005 as amended by D.lgs. 21/2014.
3. Pre-contractual information for the consumer (Article 49 of Legislative Decree 206/2005)
3.1 Before the conclusion of the purchase contract, the Customer shall see the characteristics of the goods shown on the single sheets of the products when the Customer chooses.
3.2 Before to the conclusion of the purchase contract and before the validation of the order with “payment obligation” the Customer is informed about:
-the total price of the goods, including taxes and details of the shipping costs
-the payment methods
– the term within which Chianti Arte Ceramica Srl undertakes to deliver the goods
-the conditions, the terms and the procedures within which to exercise the right of withdrawal
– the information that the Customer will have to bear the cost of returning the goods in case of withdrawal.
3.3 The seller is Chianti Arte Ceramica Srl, having its registered office in Via della Montagnola 86 Italy, VAT and tax code n.06682810483 REA 647958 with a share capital of 10.000,00 Euro, fully paid.
4. Product Information and Availability
4.1 Product Information “Prompt delivery”, along with the Product Codes and their price, are available on the Site.
If instead the user makes a personalized custom order Chianti Arte Ceramica reserves the right to communicate the price and the delivery times of the order at the time of the acceptance of the order itself, which will be by email within 7 days.
4.2 The Products available on the Site represent a selection of articles normally available; However, Chianti Arte Ceramica Srl does not warrant to the Customer that the Products available on the Site are present and available for the sale. The graphic representation of the Products displayed on the Site may differ from reality; Customer will therefore have to rely solely on the description of the Product and its features on the Site. The customer is made aware that the products on sale are all “unique crafts pieces” and that therefore the measurements of the articles will be subject to slight variations in their construction as regard to their description.
4.3 Chianti Arte Ceramica Srl reserves the right to limit at any time the quantity and / or the type of Products available on the Site. The Style, Models and Colours of the Products described on the Site may be modified without notice. During the purchase procedure, if the order cannot be processed due to the lack of availability of the ordered Product, the Customer will be notified via e-mail. Chianti Arte Ceramica Srl is not liable to Customer in the event of the lack of availability of a product, if this occurs before the conclusion of the contract.
4.4 Chianti Arte Ceramica Srl is under no circumstances liable for any errors resulting from the Customer’s connection to the Site.
5.1 Except for what specified in paragraph 4.1 (where the price of the goods will be indicated at the time of the acceptance of the order) the price of the Products “Prompt delivery” indicated on the Site is expressed in Euro and is inclusive of all taxes or applicable taxes. To the price of the Products you will have to add the delivery costs, shown separately in the order form.
5.2 Chianti Arte Ceramica Srl constantly checks the accuracy of the prices indicated on the site; however, it is not possible to guarantee the absence of errors. In the event of an error in the price indication of a Product, Chianti Arte Ceramica Srl will reject the order and will offer the Customer the opportunity to purchase the Product at the correct price. If the error occurs only after the acceptance of the order, Chianti Arte Ceramica Srl will give the customer the opportunity to cancel the order.
5.3 The price of the products in ready delivery must be paid entirely when the order is made.
In all other cases, the customer will be required to pay a sum equal to 30% of the product when the order is made and proceed to the final discharge of the remaining pad before the shipment of the product.
6. Conclusion and Effectiveness of the Contract
6.1 In order to purchase a Product, the Customer must (i) insert the selected Product into the “Shopping Cart” clicking on the button, (ii) fill in the Order Proposal, (iii) select the Payment Method, (iv ) Accept the General Terms and Conditions and (v) submit the order form to Chianti Arte Ceramica Srl via the Site or by e-mail certified.
6.2 The submission of the Order Proposal constitutes a proposal for the purchase of the selected Product, governed by these General Terms and Conditions and binding on the Customer (subject to the right of withdrawal provided for in the following Article 9). The submission of the order proposal by the Customer entails the obligation of the Customer to pay the price of the Product, or of the Products ordered.
6.3 Before submitting the order proposal, the Customer may make any corrections / modifications to the data entered in accordance with the specific procedure indicated on the Site (as an example and not an exhaustive one, the Customer may modify the quantity of the Products you intend to purchase by adding or deleting one or more Products from the “Shopping Cart”).
6.5 Within 30 days, Chianti Arte Ceramica Srl, at its discretion, may refuse an order proposal (in this case no amount will be due from the Client to Chianti Arte Ceramica Srl, except, if necessary, the sums indicated in the following Article 6); Rejection can be made, inter alia, in the following cases: (i) in the event of a lack of availability of the Products (subject to the provisions of Article 3.3); Or (ii) where there is a notification or the suspect of a fraudulent or illegal activity, including the suspicion that the purchases are made for commercial purposes; (iii) if the Customer fails to fulfil his obligations arising from a previous contract concluded with Chianti Arte Ceramica Srl.
6.6 If one or more ordered Products are not available, the Customer will be notified via e-mail. In such a case, the order proposal is cancelled or accepted only for the available Products. In case of a partial acceptance, the Customer is required to pay only the price for the available products (if the payment is by credit card, the Customer will be charged only the amount corresponding to the available products).
6.7 The sales contract is deemed to have been concluded by the transmission to the customer from Chianti Arte Ceramica of a confirmation email of the order. The email contains a summary of the essential features of the Products purchased, the detailed price and payment details, the information on the delivery costs, the terms and conditions for the exercise of the right of withdrawal (including the indication of the exclusion from the right of withdrawal in case of personalized products), an indication of a complaint address, the information on after-sales service and existing business guarantees. The mail will also contain a link to print and store a copy of the following CGA.
6.8 The Customer undertakes to verify the correctness of his/her personal data contained therein and to promptly notify Chianti Arte Ceramica of any corrections.
6.9 Chianti Arte Ceramica undertakes to describe and present the articles sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may arise (also considering the handmade character and the technical characteristics of the goods being sold). In addition, the photographs of the products presented on the site www.chiantiarteceramica.it are not a contractual element as they are only an illustrative example.
7. Payment Methods
7.1 The Customer may pay the sale price for the products contained in the order proposal and for the expenses shipment by credit card, PayPal or bank transfer.
7.2 the change on the customer’s credit cards for the transactions will be made only after that
(i) credit card details have been verified;
(ii) the authorization to debit the credit card used by the customer has been received from the issuing (bank)company, and
(iii) the availability of the product has been confirmed by Chianti Arte Ceramica Srl.
7.3 The payments may also be made by bank transfer on the following IBAN code: IT79T0103037840000000333795. All costs and expenses (including any bank fees) associated with the bank transfer and eventually charged from time to time to the Customer by his/her bank will be charged to the Customer. The payment must be made no later than 7 (seven) working days from the date of Order Confirmation.
7.4 In the event that, for any reason, within the deadline provided for in the Article 6.5 above, it is not possible to debit the amounts due by the Customer on the credit card (or, in the case of bank transfer, the funds corresponding to these amounts are not available on the bank account of Chianti Arte Ceramica Srl), it will not be possible to execute the contract and the order will be cancelled.
8. Shipping and delivery
8.1 The Products will be delivered to the address indicated by the Customer in the order proposal. At the time of the delivery, the Customer’s (or his / her delegate) subscription is required. The courier may require the display of an identity document by the person collecting the packet. No deliveries are made at mailboxes or postal codes. If a country of destination does not appear among those listed, it means that there is currently no delivery of the products in that country; In this case please write to firstname.lastname@example.org as Chianti Arte Ceramica is willing to assist in buying.
8.2 In case of payment by bank transfer, the shipment will be made after receipt of the transfer by Chianti Arte Ceramica Srl.
8.3 For each order, Chianti Arte Ceramica Srl will issue a special invoice that will be sent to the Customer by e-mail or by mail in obedience to the current regulations. The invoice is issued on the base of the information provided by the Customer at the time of the order. Changes to the invoice are not allowed after its issue.
8.4 The delivery costs are charged to the Customer and are shown separately in the order form.
8.5 The cost of shipment depends on the country of destination, the weight of the parcel and the means of delivery chosen. The customer can view the cost online at the end of the order (after having chosen the preferred shipping method) before confirming it.
With regard to the deliveries required in countries outside the European Union, any import customs duties will be charged to the consignee. The Customs duties and taxes vary depending on the country of destination and are applied to the goods in the country itself. It is therefore recommended a previous customer’s contact with the customs authorities in his/her country to check the costs and possible import limits.
8.6 Purchased products will be delivered by the courier selected by Chianti Arte Ceramica Srl (hereinafter referred to as “Corriere”) on working days (excluding Saturdays, Sundays and local or national holidays). Deliveries will be made within 30 (thirty) days from the date of the order confirmation for the products “Prompt delivery” (except in case of force majeure events or unforeseeable circumstances). For all the other products paid for 30% at the execution of the order and with the balance before the shipping, the delivery will be made within 30 days from the balance. In any other case, the delivery will be arranged among the parties.
8.7 As soon as the order is delivered to the courier, Chianti Arte Ceramica undertakes to send, through an e-mail of delivery confirmation, the identification number useful for tracing and monitoring the progress of the shipment.
8.8 The Customer (or his / her delegate) is required to check, at the time of the delivery of the products by the courier:
(i) that the number of deliveries corresponds to that indicated in the delivery note;
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any way.
Any damage to the packaging and / or to the Product or the lack of correspondence with the number of packages or with the indications must be immediately challenged in writing on the delivery note of the courier. Where permitted under current legislation, once the Correspondent’s document has been signed without the Customer having raised any exceptions, the Customer will not be able raise any objections about the external features of the delivered parcel; It is understood that the Customer will also be able to raise disputes later on in accordance with what provided by the following Article 11 where such disputes are related to other profiles.
8.9 Chianti Arte Ceramica Srl will send the customer an e-mail to confirm that the shipment has been made, after the shipment of the Products.
8.10The products purchased on the Site are delivered with the standard packaging used by Chianti Arte Ceramica Srl.
8.11 It is agreed that Chianti Arte Ceramica will not deliver the product before receiving the full payment of the price.
8.12 In case of non-delivery of the goods due to the customer’s responsibility (for example: incorrect address, customer transfer), all costs born by Chianti Arte Ceramica, including the return of the product by the carrier and those relating to any new shipment will be fully charged to the customer.
9. Right of withdrawal
9.1 In accordance with Article 52 of the Consumption Code, as defined below, the Customer has the right to go back on the contract without specifying the reason within 14 (fourteen) days from the date on which the Customer (or his authorized representative to receive the product) is materially in possession of the product itself and in the case of split delivery, from the day the Customer acquires the physical possession of the last Product.
9.2 In order to exercise the right of withdrawal, the Customer must send by electronic mail or mail, within the deadline provided for in Article 9.1 above:
• the withdrawal form, duly completed and signed;
• a notice stating the Client’s intention to exercise the right of withdrawal in accordance with Article 52 of the Consumers Code; Such communication shall contain the following information: (i) the indication of the Product for which the Customer wishes to exercise the right of withdrawal; (Ii) the order number; and (iii) if the Customer has purchased the Products by making payment by bank transfer, the IBAN code of the Customer to which the refund is to be made. The communication must be sent to the following address: Chianti Arte Ceramica Srl Via della Montagnola 86 Greve in Chianti (FI) or email@example.com.
9.3 Within 14 (fourteen) days from the notice of withdrawal (submitted in accordance with this Article 9) the Customer shall return to Chianti Arte Ceramica Srl the purchased Product by sending the same to the following address, choosing the most appropriate shipping and packaging method for the value of the product: Chianti Arte Ceramica Srl Via della Montagnola 86 Greve in Chianti (Florence – Italy). The costs of returning the Product to Chianti Arte Ceramica Srl are on the Customer. The Customer is responsible only for any reduction in the value of the product resulting from a manipulation of the Product other than the one required to check the nature, the characteristics and the working of the Product: therefore, the Customer is required not to remove any labels applied to the Product. The goods must be returned intact, complete with all their parts and in the appropriate packings, stored and, where appropriate, used for the time strictly necessary to establish and verify their nature, according to the normal care, without any signs of wear or dirt. The shipment, up to the receipt by Chianti Arte Ceramica, is under full responsibility of the customer; In the event of damage to the goods during the transport, the customer will be required to reimburse the courier. Chianti Arte Ceramica will not respond in any way to any damages, theft, loss occurring during or in any case depending on the shipment for return.
9.4 Chianti Arte Ceramica Srl will provide full refund of the sums paid by the Client without undue delay and in any case not later than 14 (fourteen) days after the date on which Chianti Arte Ceramica Srl was informed of the Customer’s decision to withdraw from the contract in accordance with this Article 9. This refund will be made by Chianti Arte Ceramica Srl with the same payment methods used by the Customer for the initial transaction, unless otherwise and expressly agreed between the parties and provided that the Customer does not have to incur additional charges for such reimbursement.
9.5 Chianti Arte Ceramica Srl may suspend the refund until the receipt of Chianti Arte Ceramica Srl of the Product given back, if it occurs before such receipt, until the Customer furnishes proof that he has given back the product. In any case, the customer will not loose the right of withdrawal in cases where Chianti Arte Ceramica certifies that: (i) the returned product and / or its packaging are not complete; (Ii) the product is damaged.
9.6 After the product has been shipped, the order can no longer be cancelled or modified. The return of the Products already shipped shall in any case be carried out in accordance with the procedure provided in this Article 9.
10. Personalized Products
10.1 In accordance with Article 59, paragraph 1, letter c) of the Consumption Code, as defined below, the right of withdrawal shall not apply to Orders relating to Customized Products, such as, but not limited to the products decorated with the Customer’s initials or with drawings made on express request not included in the catalogue.
11 Defects of compliance
11.1 If a Product sold by Chianti Arte Ceramica Srl has a production defect and in any case for any supposed defect of conformity (except as specified in clause 4.2) relating to products sold by Chianti Arte Ceramica Srl, the Customer is required to contact the online assistance, by e-mail or by mail, at the following addresses: firstname.lastname@example.org
11.2 The sale of the Products is subject to the legal guarantees provided for in Articles 129, 130 and 132 of the Consumption Code, as defined below. Under these regulatory provisions, the Customer is entitled to obtain restoration of the goods by repair or replacement (the Customer may choose to obtain the repair or the replacement of the Product under the terms of the law) without any charge at his/her expense, In the event that one of these remedies is unsuccessful (in accordance with Article 130, paragraph 7 of the Consumption Code), it may obtain a reasonable reduction in the price of the products or the cancellation of the contract. The Customer looses such rights if he or she doesn’t declare to Chianti Arte Ceramica Srl the defect of conformity within a period of 2 (two) months from the date he discovered that defect of conformity. The action to claim a defect of conformity not deliberately concealed by Chianti Arte Ceramica Srl is, in any case, within 26 (twenty-six) months after the delivery of the Product.
11.3 In order to benefit from the warranty service, the customer must keep the invoice, i.e. the payment receipt, together with the Transport Document. The Warranty for Compliance Fails will apply as long as the respective product has been used correctly, in accordance with its intended use.
11.4 In the event the Customer requests, within the terms of this Article 11, to repair or replace the Product because of a defect in the Product’s compliance, the delivery costs relating to the return to Chianti Arte Ceramica Srl of the Product to be repaired or replaced, as well as all costs of delivery to the Customer of the Product repaired or replaced, will be charged to the Customer.
11.5 In cases where the application of the guarantees provides for the return of the product, the same shall be returned by the customer according to an appropriate packaging that does not allow the breakage during the transport.
11.6 In case the warranty is taken up by replacement or repair, Chianti Arte Ceramica Srl will send back the damaged product as soon as possible but in any case at normal production times (to be agreed upon in writing).
12. Applicable Law and Place of jurisdiction
12.1 These General Conditions and, consequently, contracts concluded with Customers are governed by the Italian law and are to be interpreted accordingly to it (including Legislative Decree No 206 of 6 September 2005 “Consumption Code” and, In particular, “Chapter I, Title III of Part III” and Legislative Decree 70 of 9 April 2003, “E-Commerce Decree”).
12.2. Disputes arising out of the interpretation, the validity and / or the performance of these General Conditions will be transferred to the jurisdiction of the Italian Judge.
Alternatively, the Customer may choose to access the platform for the extra-judicial resolution of disputes provided by the European Commission, which is available at http://ec.europa.eu/odr.
art. 13 – Specific Approval
The following clauses: 4,5,6,8,9,12 are specifically approved for the purposes and for the purposes of Articles 1341 and 1342 of the Italian Civil Code.