terms of sale

TERMS OF SALE

These Terms of Sale apply to all orders placed by customers on this wbsite. By placing any order, customers agree to be bound by these Terms of Sale.

Article 1 – Definitions

1. Under these Terms of Sale:

• "Seller" means “Calligaris S.p.A. a socio unico”, with registered office at Via Trieste, 12, 33044 Manzano (UD), Italy, or any other group entity indicated in the invoice or any other document issued to the Customer for the purchase;
•   "Customer" means the person acquiring the goods under the present Contract;
•   "Consumer" means any customer making a purchase on this Site outside of any business or profession, thus protected by the applicable consumer law;
•   "Contract" means the contract of sale of goods existing between the Seller and the Customer.  

Article 2 – Products

The Seller makes any effort to ensure that the description and specification of the products promoted on this Site are correct and up to date. All images published are for descriptive purposes only and may slightly differ in terms of colour, size and accessories from the actual products.
In case of home delivery of products, all assembly operations will be performed by the Seller or by a third-party enterprise on behalf of and under the instructions of the Seller.
 

Article 3 - Conclusion of the Contract

The Contract shall be considered concluded only when consent to the purchase offer made by the Customer is given by the Seller to the Customer itself, usually at the moment of dispatching the products. However, the email in which the Seller notifies the Customer that the order has been received cannot be taken in any manner whatsoever to mean acceptance of the order itself.

The Seller reserves the right not to accept an order, at its own absolute discretion, for example in case of wrong prices being published on the Site or an address given by the Customer being considered unfeasible for delivery of an order.

Once the Contract has been concluded, a printable webpage with details of the order will be displayed to the Customer, reporting the company details of the Seller, the essential features and price of the products and any additional charges, payment procedures and terms, delivery procedures and terms, and the existence of the right of withdrawal. The Customer undertakes to check that the details given when placing the order are accurate.
 

Article 4 - Acceptance of these Terms of Sale

Prior to sending the purchase order electronically, the Customer must read the general terms and conditions of sale and expressly accept them by checking the relevant box. The Customer must also verify the truth and accuracy of the details provided during the purchase procedure. The Customer furthermore acknowledges that the Seller cannot be bound by any different conditions, unless these are agreed in advance and in writing between the Seller and the Customer.
 

Article 5 - Prices

All prices of products published on this Site are inclusive of VAT at the applicable rate. Delivery costs and any additional charges, where relevant, are not included in the sale price but specified and calculated during the checkout process and are also included in the order receipt. 

Any wrong price published on the Site is NOT binding on the Seller, even after that the email acknowledging receipt of the order is sent by the Seller to the Customer.
 

Article 6 – Payments and refunds

Customer payments can only be made by credit or debit card, bank transfer or one of the other methods specified on the Site. Where the right of withdrawal is exercised, the Consumer will be refunded using one of the procedures proposed by the Seller and chosen by the Consumer, in a timely manner and in any case in no more than 14 (fourteen) days from the date on which the Seller has received the returned Products and verified that the return has been made by the Consumer in compliance with these Terms of Sale.

 

Article 7 – Product delivery

The products will be delivered to the address given by the Customer. In case of Consumer purchases, the products will be delivered within 30 days of the order date.

Where necessary due to the nature and/or availability of the product (e.g. the product needs to be ordered or is not available), the Seller can propose delivery terms of longer than 30 days from the order date. In such cases, acceptance of the delivery term will be subject to the Consumer’s express approval.

Delivery times specified in the product sheets and during the purchase procedure are indicative and must be considered applicable only in the absence of obstacles or force majeure. Where deliveries are delayed, the Customer will be informed by email in a timely manner.   

Article 8 – Statutory warranty

All Products purchased are subject to the statutory warranties provided for under the applicable Consumer law. The statutory product warranty covers manufacturing defects or those caused during transport and assembly, where such services have been expressly agreed by Contract. The statutory warranty period applies to products purchased by Consumers that show a lack of conformity.

Products show a lack of conformity when:

• they are not fit for the purposes for which goods of the same type are normally used;
• they do not comply with the description given by the Seller and possess the qualities of the goods which the Seller has held out to the Consumer as a sample or model;
• they do not show the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the Seller, the Seller or its representative, particularly in advertising or on labelling;
• they are furthermore not fit for any particular purposes for which the Consumer requires them, and which were made known to the Seller at the time of conclusion of the Contract and which the Seller has accepted.

In such cases, the Consumer can choose whether the Seller should repair or replace the product. In any case, any repair must be completed within a reasonable time and without any significant inconvenience to the Consumer. Should the above-mentioned remedies prove impossible or disproportionate, Consumers will be entitled, at their own discretion, to a reduction in price or to have the Contract rescinded.

The Contract cannot be rescinded in cases where the remedies of replacement or repair would be impossible and disproportionate given the insignificance of the lack of conformity. Defects caused to the Product by transport or incorrect assembly, where these have not been included in the Contract, are expressly excluded from the statutory warranty; any improper use or any use not complying with the purpose for which the Product is normally used, failure to observe use and maintenance instructions, ordinary wear and tear and any other defects not attributable to the Seller are likewise excluded.

The Customer must carefully study and retain the use and maintenance instructions provided with the product before its use. 

Article 9 – Right of withdrawal

The Consumer is entitled to withdraw from the Contract, without penalty and without giving any reason, within 14 (fourteen) working days of receiving the product.

The right of withdrawal can be exercised by notifying the Seller in writing, within the above-mentioned time limits, by registered letter or email sent to the address: [email protected]

The Consumer cannot exercise the right of withdrawal for made-to-measure or clearly customised Products or for those which, by their nature, cannot be returned or could deteriorate or alter rapidly.

Products for which the right of withdrawal is exercised must be returned to the Seller within 14 (fourteen) working days of being received, in their original packaging, complete with all accessories and manuals where relevant, without exclusion whatsoever.

The only charge that can be made to Consumer is the direct cost of returning the goods.

On receiving the withdrawal request, the Seller must provide for refunding of the full amount paid by the Consumer within 14 (fourteen) days, using the same payment means used by the Consumer for the initial transaction, unless the Consumer has expressly agreed otherwise, and on condition that the Consumer must not incur any charge for the refund.

The Seller will therefore refuse any product returned in noncompliance with the procedures and time limits provided for in these Terms of Sale.

Article 10 – Limitations of liability

The Seller accepts no liability where it is unable to execute the order within the time limits provided for in the Contract due to service disruptions caused by force majeure. Neither will the Seller be liable for any loss or damage suffered or charges incurred by the Customer for non-performance of the Contract for reasons beyond its control, the Customer being entitled solely to a full refund of the price paid and any additional charges incurred. 

Article 11 – Liability for loss or damage caused by defective Products

The Seller is liable for loss or damage caused by product under the applicable consumer law.

The Seller cannot be held liable for any consequences arising from a defective Product where the defect is due to compliance of the product with a binding legal provision or order, or where the state of scientific and technical knowledge at the time when the Seller put the product into circulation was not such as to enable the existence of the defect to be discovered.

No compensation will be payable were the parties suffering the loss or damage were aware of the Product defect and the consequent danger and nevertheless voluntarily exposed themselves to it. Such parties are required, in any case, to prove the defect, the loss or damage suffered and the causal connection between the defect and the loss or damage.

Parties suffering loss or damage can request compensation for loss or damage due to death or personal injury or due to the destruction or deterioration of a thing other than the defective product, provided it is of a kind normally destined for private use or consumption and is used mainly by the parties suffering the loss or damage.  

Article 12 – Personal data processing

Under Regulation (EU) 679/16 (the “General Data Processing Regulation” - GDPR”) and the UK Data Protection Act 2018, Customers must declare that they have read the information notice when completing the online forms necessary for concluding their purchases. See: Privacy Policy

Article 13 – Disputes and jurisdiction

In case of claims or disputes regarding the validity, interpretation or performance of the Contract or the application of these Terms of Sale, the Seller undertakes to make all efforts to reach an amicable settlement with the Customer wherever possible.

Please also note that the European Commission has made available an online dispute resolution platform that can be reached by the following link:

https://ec.europa.eu/Consumers/odr/

Any dispute regarding the validity, interpretation or performance of the Contract will be subject to the exclusive jurisdiction of the court territorially competent based on the Seller’s registered office address, notwithstanding the irrevocable competence of the court of the place of residence or domicile of the Consumer and the application of any statutory provisions.

7/14/2020 12:06:08 PM