SALES TERMS AGREEMENT
1. The contract between Edilceram Srl and the Customer has to be considered completed at the time of the acceptance of the order by the seller. This acceptance is tacit, unless the Customer is informed in any other way. Making an order using the provided manners, the Customer diclairs to have read every term during the purchase process and to have accepted sales and payments terms below transcribed.
2. If the Customer is a consumer (a fisical person that buys goods not for his professional activity), once completed the on-line purchase, he has to print/save and store this agreement respecting art. 3 and 4 of Dlgs 185/1999 about distance selling, and further amended and extended.
3. It is excluded any right of the Customer about refund or indemnity, or any other contractual or extra-contractual responsibility for direct or indirect damages to things or people caused by the rejection, even partial, of an order.
How to Buy
4. The Customer can only buy the goods available on the Edilceram Srl's electronical catalogue at the moment of the order and visible on line at edilceramdesign.com just as described on their informative pages. It is understood that the images inside these pages could not be perfectly rappresentative of the goods but could change features, color, measurements, accessories etc.. All the support informations (Glossary, Purchase Guide, etc..) are to be intended as simple general informations not related to the real features of a single good.
5. The correct recieve of the order is confermed by an email to the address written by the Customer. This email is going to report Day and Time of the execution of the order and an ID-Number, to be used in any communication with Edilceram Srl. The email contains all the data submitted by the Customer, that he has to verify and quickly communicate any error, in the menner below decribed.
6. In case of not acceptance of the order, Edilceram Srl grants a quick communication to the Customer.
7. In case of impossibility to process the order due to unavailability, even temporary, of the goods, Edilceram Srl, in thirty (30) days beginning from the day after the order through the website edilceramdesign.com, will inform the Customer and proceed to refund the sum eventually paid for the goods ordered.
How to Pay
7. PayPal When using PayPal payment method, as soon as the online transaction is completed, PayPal will charge you of the amount of the purchase effectuated.
7.1 In case of order cancel, either because of Customer or because of Edilceram Srl, the amount of the deleted orders will be refunded by Paypal. Time to refund depends exclusively on Paypal and Bank account. Once refunded on Paypal account, in no cases Edilceram srl can be responsible of any damage, direct or indirect, due to delay of refunding depending on Paypal or bank.
7.2 Edilceram Srl can ask the Customer addings informations such as phone number, etc. to prove the real entitlement of the Paypal account. In case of missing documentations Edilceram Srl can refuse the order.
7.3 During the purchase process Edilceram Srl is not able to know any data of your credit card or Paypal. In no cases Edilceram Srl can be responsible for any fraudulent and improper use of credit cards by a third, during the payments on Edilceram Srl's website.
8. Credit Cards
8.1. The Customer can use a credit card to pay on our website by the available gateways: PayPal or Multisafepay.
8.2 In case of order cancel, either because of Customer or because of Edilceram Srl, the amount of the deleted orders will be refunded on your bank account. Time to refund depends exclusively on Bank account. Once refunded, in no cases Edilceram srl can be responsible of any damage, direct or indirect, due to delay of refunding depending on bank system.
8.3 Edilceram Srl can ask the Customer addings informations such as phone number, etc. to prove the real entitlement of the account. In case of missing documentations Edilceram Srl can refuse the order.
8.4 During the purchase process Edilceram Srl is not able to know any data of your credit card. In no cases Edilceram Srl can be responsible for any fraudulent and improper use of credit cards by a third, during the payments on Edilceram Srl's website.
9. Bank Transfer
The payment by Bank Transfer is available on every item in the catalogue. Any kind of limit is clearly shown in the cart. In case of payment by Bank Transfer, the item/s ordered will be kept committed until the recieving of a proof of the made payment, to send to Edilceram srl by fax or email, not over three working days. Shipment will take place only after the recieving of the amount on our bank account, that must be completed within 7 working days. Out of this period the order will be automatically processed as Canceled.
The reason of the Bank Transfer should contain:
date of the order;
name and surname of the order holder.
9.1 In case of order cancel, either because of Customer or because of Edilceram Srl, the amount of the deleted orders will be refunded on your bank account. Time to refund depends exclusively on Bank account. Once refunded, in no cases Edilceram srl can be responsible of any damage, direct or indirect, due to delay of refunding depending on bank system.
10. Payment Methods
Bank Transfer on Edilceram Srl 's bank account
Swift Code: BNLIITRR
10.1 In case of order cancel, either because of Customer or because of Edilceram Srl, the amount of the deleted orders will be refunded on your bank account. Time to refund depends exclusively on Bank account. Once refunded, in no cases Edilceram srl can be responsible of any damage, direct or indirect, due to delay of refunding depending on bank system.
In any case, for all the payment methods seen, refund will take place on the same method used to pay the order.
Terms and Delivery Costs
11. For every order made on the website edilceramdesign.com, Edilceram Srl provides an invoice of the shipped item/s, sending it by email or mail to the order holder, just as art 14 D.P.R. 445/2000 and DL 52/2004. For the invoice providing are used Customer's data entered during the purchase process. No editing can be made after the invoice is provided.
12. Shipping costs provided during the purchase must be paid by the Customer. For some special places and islands the Customer should ask for an estimate. Payment will be made through the method selected by the Customer during the ordering. Import taxes and custom's fees in case of country out of the EU must be paid by the Customer, and Edilceram srl is not able to calculate or to know such costs. No other sum will be claimed to the Customer by Edilceram srl.
13. No responsibility can be claimed to Edilceram Srl in any case of delay of the order or of the delivery.
14. Delivery is meant to be in the street of your address.
The Customer must check:
that packs are in the same number as shown on the waybill;
that packaging is safe, undamaged, is not wet or scratched, this works for scotch tapes, pallets, etc. too.
Any damage or missing part must be contested to the courier immediatly. Once signed the courier's document the Customer can not contest anymore the external integrity of the packages. Any problem regarding the integrity, missing parts or wrong items of the delivered goods must be notified within 7 days from delivery following the instruction in this document.
15. In case the Customer doesnt proceed within 5 days to pick up his goods from the courier storage, because of impossibility or problems to delivery at the address provided during the order, the order will be automatically deleted.
Right of withdrawal
16. As art. 64 of the D.L. n° 206/2005, and following editing, if the Customer is a consumer (a physical person that buys goods for himself and not for his professional activity, or doesnt provide a VAT number during the order on our website), has the right to withdraw for any reason, without needings of explanations and without penalty, exception made as point 20.
17. To claim his right, the Customer must keep the original packagings of the purchased items and send to Edilceram Srl a communication within 14 days since delivery. This communication must be send by registered letter with acknowledgment of receipt, addressed to:
Via Saba, 2
70014 Conversano (Ba) Italy
or by telegram or fax always sent within 14 days and to follow a registered letter with acknowledgment of receipt, STRICTLY sent within the following 48 hours. Once recieved the withdrawal communication, Edilceram Srl will quickly provide the Customer the instructions on how to return the items that must return within 14 days since the authorization.
18. The right of withdrawal is always subject to the following conditions :
the right is applied to the item purchased in his integrity; it is not possible to withdraw only a part of the item (ex.: accessories, parts of appliances, etc...);
the item purchased must be safe and returned inside its original box, complete of all its parts (including packagings, documents and any addings); to avoid damages we reccomend to use a second box or extra packagings;
just as per law, returning shipping costs are due to Customer;
Shipment, until the recieving in our storages, is under the responsibility of the Customer; in case of damages during the shipment, Edilceram Srl will notify the Customer (within 5 working days since delivery), to allow him to sue the courier in time and allow him to claim his refund in case of insurance; in these cases, the product will be kept in storage for the Customer to take it, and simultaneously right of withdrawal will be deleted;
Edilceram Srl is not responsibly for damages or loss of the returning items with uninsured shipments;
At the time of delivery in our storages, the product will be checked to evaluate damages or tamperings. If the original box results ruined, Edilceram Srl will keep a percentual refund, in any case not exceeding 10%, as recovery.
19. Exceptions made for recovery refund for damaged original box, Edilceram Srl will refund the total amount, as soon as possible and in any case within 14 days since the date of the recieveing of the Customer's communication of withdrawal. Refund will be processed on Credit Card or by Bank Transfer. In any case Customer must provide quickly all the data needed to proceed with the refund.
20. The right of withdrawal is totally declined, in the case of missing the integrity of the product (box and/or item), or in case Edilceram Srl verifies:
the missing of the external and/or internal original pack;
the missing of integrating parts of the product (accessories, manuals, parts, etc...);
damages to the product.
In case of withdrawal decline Edilceram Srl will send back the purchased item charging Customer the shipping costs.
21. All products sold by Edilceram Srl are covered by the manufacturer's standard warranty and 24-month warranty for defects of conformity, according to DL 24/02. To use the warranty, the customer must keep the invoice (or DDT) received by e-mail or by mail.
22. The manufacturer's standard warranty is provided as explained in the documentation inside the product packaging. If, following inspection by an Authorized Service Center, the defect is not covered by the manufacturer's standard warranty, the customer will be charged for any costs of verification and recovery required from authorized service, as well as shipping costs, if supported by Edilceram Srl.
23. The guarantee of 24 months according to DL 24/02 is applied to products that present a lack of conformity, if that product is used correctly, respecting its intended use and as provided in the technical documentation. This warranty is for private consumer (a physical person that buys goods for himself and not for his professional activity, or doesnt provide a VAT number during the order on our website). In case of lack of conformity, Edilceram Srl provides, without cost to the customer, the restoration of conformity by repair / replacement or reduction of price, or the termination of the contract. If, following inspection by an Authorized Service Center, the defect is not a lack of conformity as per DL 24/02, the customer will be charged for any costs of verification and recovery required from authorized service, as well as shipping costs if supported by Edilceram Srl
24. The replacements in case of DOA (Dead On Arrival: product not working on delivery) take place only if expressly provided by the manufacturer. The timing of replacement or repair of any product depends solely on the manufacturer's policies.
25. In the event that, for whatever reason, is impossible to send to customers a product in warranty (repaired or replaced), Edilceram Srl will proceed at its own discretion to refund the amount paid or to replace it with a product of equal or superior characteristics.
26. No damage can be obtained from Edilceram Srl for any delays in repairs or replacements.
27. In cases where the application of warranty requires the return of the product, the product must be returned by Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manual, etc ...).
28. All the data given by Customer during the purchase process are treated and used only to satisfy the Customer requests and there is no way that Edilceram srl gives or sells these data to third. Edilceram Srl guarantees to its Customers the respect of the privacy laws just as DL 196 of the 30.06.03. Holder of the data treatment is the company Edilceram Srl.
29. Every claim must be sent to Edilceram Srl, Via Saba, 2 - 70014 - Conversano (BA). Alternatively, the customer can initiate a complaint via the online tool resolution of disputes via the website https://webgate.ec.europa...how&lng=IT and start an alternative procedure to the traditional courts.
30. For everything not expressly provided, the parties refer explicitly to national and Community legislation, ordinary and special in terms of buying and selling, consumer rights and e-commerce. The sales contract between the Customer and Edilceram Srl is concluded in Italy and regulated by Italian law. For the solution of civil and criminal litigation arising from the conclusion of this sale contract at a distance, if the Customer is a consumer, the local jurisdiction is that of the reference court of his town of residence; in all other cases, the local jurisdiction is only the Court of Bari.