GENERAL TERMS AND CONDITIONS OF ONLINE SALES

 

DEFINITIONS

To enable full understanding and acceptance of these GTC, the following terms and words, in the singular and plural, shall have the meanings indicated below:

Site / Internet sitee-commerce site/platform can be reached at the following address: https://www.designstaging.it/;

Customer: Consumer natural person who purchases the Articles offered by the Seller on the Website for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out;

Business Customermeans a natural or legal person acting in the exercise of his trade, business, craft or profession, or an intermediary thereof. In any case, anyone who enters billing details via the "Business" section is automatically considered a "Business Customer".

Seller: Ms Carlotta Ontani, 47032 - Bertinoro (FC), Via Cellaimo n. 2299, C.F. NTNCLT80H53E289O, VAT No.: 04468560406, which, in the context of these General Terms and Conditions, sells at a distance the Articles listed on the Internet Site.

Partnersmeans a natural or legal person, other than the Seller, who is the owner of one or more goods marked within the product sheet by terms such as "product sold and shipped by a Partner", "third party product", or the like.

Article: tangible movable property that is the object of the purchase, offered and put up for sale by the Seller on the Internet Site;

General Terms and ConditionsThe present online sales contract between the Customer and the Seller;

Order: Single purchase transaction comprising one or more Items, also including costs relating to ancillary services, such as, but not limited to, delivery charges;

Order Confirmation: e-mail message through which the Seller informs Customers of the acceptance of the Order and the completion of the online purchase;

AccountThis is the area of the Website where Customers may, after registration and authentication: (i) view and modify their personal data and the addresses where the Items ordered are to be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function relating to their activity on the Website;

Consumer CodeLegislative Decree No. 206 of 6 September 2005.

ARTICLE 1 - GENERAL PROVISIONS

1.1 These General Terms and Conditions govern the offer and distance sale by the Seller of Items on the Internet Site and may be updated from time to time. The General Terms and Conditions of Sale published on the Internet Site at the time of online purchase shall be considered effective and binding.

1.2 The customer is obliged, before proceeding to purchase, to read the General Terms and Conditions and the privacy policy carefully.

1.3 The purchase of Items offered on the Website presumes the reading, knowledge and acceptance of the General Terms and Conditions.

1.4 The Customer declares that he/she is at least 18 years of age or, alternatively, that he/she is acting pursuant to Article 1703 of the Civil Code as a representative of a person with capacity to act.

1.5 Any communication concerning purchases made by the Customer on the Website will be made by the Seller by e-mail or WhatsApp.

1.6 The provisions in these General Terms and Conditions referring to "Customers" also apply to "Business Customers", unless expressly excluded.

1.7 The rules of the Consumer Code shall also not apply to 'Business Customers'.

ARTICLE 2 - SUBJECT MATTER OF THE CONTRACT

2.1 The object of the contract is the sale of the Articles indicated and offered by the Seller on the Website. Therefore, by means of these General Terms and Conditions, the Seller sells and the Customer purchases at a distance the Articles chosen by the latter from those present on the Website. The contract is concluded over the Internet, through the Customer's access to the Website and the placing of a Purchase Order according to the procedure indicated on the Website and described in Article 3 below.

2.2 The Articles on sale through the Website are described and illustrated in the relevant information sheets; however, the image accompanying each Article is of a demonstrative nature and does not necessarily faithfully reproduce the purchased Article.

2.3 In the event of a necessary difference between the image of the Article published on the Site and the description of the same, the latter shall always prevail.

2.4 If the Article is marked with words such as 'set of ...', or the like, the individual goods/products making up the set constitute a single Article and therefore cannot be sold separately.

2.5 If the Article is marked with the words "product sold and shipped by a Partner", "product of a third party", or the like, the Customer may not purchase the Article by means of the procedure described in Article 3 below. In such cases, in fact, the item is not the property of the Seller, nor is it sold by the Seller, and the Customer may only contact the Seller by email or whatsapp in order to request information about the Partner and about the possibility of concluding the purchase directly with the Partner. The Seller is not a party to the sales contract, but acts solely as an intermediary between the Customer and the Partner. The Customer is informed that the sales contractual relationship is established directly with the Partner following the acceptance of the quotation submitted to the Customer through the Seller (acceptance may take place with freedom of form, as long as it is traceable, by means of confirmation by e-mail or whatsapp and/or by conclusive facts and conduct, such as the payment to the Partner of the quoted price). In this case, the other clauses of these General Terms and Conditions shall not apply and any complaint, request for return/refund and, more generally, any exception regarding payment, shipment, invoicing, product defects, etc., shall be addressed by the Customer directly to the Partner. The Client declares that he is aware and accepts that, in the cases envisaged in this article, the contractual relationship between the Client and the Seller exclusively concerns the transmission of the quotation formulated by the Partner to the Client and the subsequent forwarding of the Client's data to the Partner (according to the terms set out in the privacy policy), the Seller's activity being limited to advising and mediating in the purchase and sale between the Client and the Partner.

ARTICLE 3 - PURCHASING PROCEDURE

3.1 In order to proceed with the purchase, the Customer may create a personal Account by entering his e-mail and password through which he may access the personal area of the Internet Site. Following registration on the Website, he will receive an e-mail confirming the success of the registration. He may then proceed with the purchase.

3.2 As an alternative to the procedure described in the preceding paragraph, the Customer may proceed with the purchase in 'guest' mode, without creating an Account.

3.3 The Articles chosen and the data entered may be modified by the Customer until the Order is sent, which must be done according to the procedure indicated on the Website and described in point 3.4 of these General Conditions.

3.4 Once the desired Article has been selected, the Customer may place it in the cart by clicking on the "Add to Cart" button and continue browsing the website, or proceed with the purchase order by clicking on the cart icon in the top right-hand corner or on the "View Cart" button, thus being redirected to the relevant page. On the "Shopping Cart" page, the Customer will be able to view all the products previously selected and placed in the shopping cart, a summary of the total price in the "Shopping Cart Total" section, as well as an estimate of the shipping costs. By clicking on the "Proceed with order" button, the Customer accesses the "Checkout" page. The Customer may also access the "Checkout" page directly, without going through the "Shopping Cart" page, by simply clicking on the cart icon in the top right-hand corner and clicking on the "Payment" button in the corresponding drop-down menu. On the "Checkout" page, the Customer shall fill in, if not already saved, the required fields by entering the billing and shipping details in the relevant section and verify that all data entered therein, as well as the other Order details summarised in the "Your Order" section, are correct. The Customer may always change the data entered at this stage. If the Customer wishes to change the quantity of the products placed in the cart or remove one or more Items, he/she must go back to the "Shopping Cart" page. After verifying the conformity of the data entered in the "Billing Details" section, as well as of the order summarised in the "Your Order" section, the Customer may complete the purchase by clicking on the "Place Order" button, subject to acceptance of these General Terms and Conditions, of the vexatious clauses, and after selecting a payment method. In the event of successful completion of the purchase procedure described, as well as payment made according to the method selected, the Customer will receive an email confirming the Order placed.

3.5 The contract shall be deemed concluded when the Customer receives an Order Confirmation e-mail. This e-mail contains the Customer's data, the Order number, the Items purchased and their respective prices with the application of any discounts, the method of payment used/chosen, as well as delivery costs and any additional costs/charges.

ARTICLE 4 - CLIENT'S OBLIGATIONS

4.1 The Customer undertakes to make payment inclusive of the price of the Article with application of any discounts, shipping costs and any other possible ancillary expenses, using one of the payment methods referred to in Article 7 of these General Terms. If the Customer has not used an instant payment method, he is obliged to make payment without delay and in any case within and no later than 24 (twenty-four) hours from the time of receipt of the Order confirmation, without prejudice to the provision of art. 7.3 below.

4.2 The Customer shall, prior to each purchase, read the item description sheet, these General Terms and Conditions and the data processing notice.

4.3 The Customer for the purpose of the correct execution of the Order shall enter truthful data concerning the Customer and not third parties. It is forbidden to enter personal data and e-mail addresses that are false or the result of invention or fantasy.

4.4 Failure on the part of the Customer to comply with any of the aforementioned obligations shall result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, since they are essential to the performance of the contract.

ARTICLE 5 - AVAILABILITY OF ARTICLES

5.1 The Customer may purchase the Articles indicated on the Website in the quantities existing in stock. Should an Order exceed the existing stock quantities, the computer system will accept the purchase limited to the available Articles.

5.2 The availability of Products refers to the moment when the Customer consults the Product description sheets and must be considered indicative since, for example due to a simultaneous acquisition or a malfunction, Products initially indicated as available may not be available at the time of Order Confirmation.

5.3 If the Product indicated as available proves, after the transmission of the Order, to be no longer available, the Seller shall inform the Customer as soon as possible by e-mail that the Order cannot be fulfilled and the Customer shall be entitled to obtain a refund of any amounts already paid. The refund will be made through the same payment method initially chosen by the Customer.

5.4 If the Product indicated as available turns out, after the transmission of the Order, to be of non-immediate availability, the Seller shall notify the Customer as soon as possible, communicating the timeframe necessary for a new realisation/supply of the Product. It shall be up to the Customer to communicate any acceptance of the new conditions within the term of 3 (three) days. In the event of non-acceptance by the Customer, the same shall be entitled to obtain reimbursement of any amounts already paid. The reimbursement shall be made through the same payment method initially chosen by the Customer.

ARTICLE 6 - PRICES AND DISCOUNTS

6.1 The sales prices indicated on the Website and referring to each Article offered therein are expressed in Euro, including VAT, if due.

6.2 Shipping costs are automatically calculated by the system during Check out according to the weight and size of the selected products, as well as according to the delivery location indicated by the Customer.

6.3 The Seller reserves the right to change the price of the articles, at any time, without prior notice. In any event, the price charged to the Customer shall be the price indicated on the Website at the time the Order is placed and any variations (upwards or downwards) following the placing of the Order shall not be taken into account.

ARTICLE 7 - TERMS OF PAYMENT

7.1 Payment for Items purchased on the Website must be made by one of the following payment methods: Paypal, Statispay, Bank Transfer or debit/credit card.

7.2 In case of choosing PayPal, Satispay or debit/credit card as payment method, the Customer may be directed to the relevant platform or website/application of his bank to complete the payment process.

7.3 Alternatively, the Customer may proceed with payment by bank transfer within 24 (twenty-four) hours of receipt of the Order Confirmation by entering the Order number indicated in the Order Confirmation email as the reason for payment. In any case, the Customer is informed that in the event of payment by bank transfer, all sums shall be credited to the Seller's current account no later than 3 (three) days after receipt of the Order Confirmation email. Once the aforementioned term of 3 (three) days has elapsed without the Seller having received the credit on its current account, the Seller shall have the right to terminate this contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code.

ARTICLE 8 - TERMS OF DISPATCH/COLLECTION

8.1 The Seller shall ship the purchased Items to the delivery address indicated by the Customer by express courier, entrusting the latter with the Items within 5 (five) working days after verification of actual payment. It normally takes 5 (five) working days for delivery by express courier for items available from the time the Items are entrusted to the express courier. In any case, the Seller undertakes to ensure that, except in cases of force majeure, delivery shall take place within 30 (thirty) days from verification of actual payment.

8.2 The Seller shall not be liable for any damage resulting from the loss of or damage to the goods attributable to the carrier, or from any delays in shipment caused by weather conditions, customs controls or other circumstances beyond its control or attributable to the carrier.

8.3 If the Customer has opted for collection, at his own expense, of the purchased Items, the Seller shall communicate with the Order Confirmation email and/or within 5 (five) days after verification of actual payment, the exact location where the Items may be collected and the day from which the Items will be available for collection.

ARTICLE 9 - RIGHT OF WITHDRAWAL IN CONSUMER CONTRACTS

9.1 The provisions of this Section 9 shall not apply to "Business Customers" and, therefore, shall apply only in the event of purchase by Consumer Customers.

9.2 The Customer shall have the right to withdraw from the purchase without penalty and without specifying a reason, within a period of 14 (fourteen) days from the date on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last item ordered.

9.3 The Customer who intends to exercise the right of withdrawal shall inform the Seller of his decision by means of an explicit declaration of his intention to withdraw from the contract, which may be sent by registered letter with return receipt to the address 47032 - Bertinoro (FC), Via Cellaimo n. 2299, or to the following e-mail address info@designstaging.it. In the event that notice of the exercise of the right of withdrawal is given by registered letter with return receipt, the postmark shall be considered the official date of dispatch.

9.4 The Customer shall return the Items within 14 (fourteen) days from the day on which he/she informed the Seller of his/her wish to withdraw from the contract. All expenses/costs related to the return of the purchased Items shall be borne by the Customer.

9.5 In this case the Items must be shipped to the Seller at the following address 47032 - Bertinoro (FC), Via Cellaimo n. 2299, unless otherwise specified by the Seller. If the withdrawal is exercised with reference to one or more products that, as indicated on the website, are shipped by third parties, the Customer must ship the product within the terms set forth in Article 9.4 to the different address communicated to him by the Seller.

9.6 The Items must be returned undamaged, in their original packaging, complete in all their parts and with all accompanying fiscal and transport documentation. The Articles must not have been used. If the Articles returned do not comply with the requirements set out herein, the withdrawal shall not be effective.

9.7 Without prejudice to the right to verify compliance with the above, the Seller shall refund the payment within a period of 14 (fourteen) days from receipt of the notice of withdrawal.

9.8 The Seller, as provided for in Article 56(3) of the Consumer Code, may withhold the refund until it has received the goods or until the Customer has proved that he has returned the goods, whichever is sooner.

9.10 The Seller shall refund the Customer via the same payment method used by the Customer.

9.11 In the event that the article offered for sale is labelled 'set of ...', or similar, withdrawal may be exercised for the entire set and it will not be possible to withdraw in part in order to return only some of the goods forming part of the set.

ARTICLE 10 - LEGAL GUARANTEE OF CONFORMITY

10.1 The provisions of this Section 10 shall not apply to "Business Customers" and, therefore, shall apply only in the event of purchase by Consumer Customers.

10.2 For the Consumer Customer, all Articles sold on the site are covered by the Legal Guarantee of Conformity provided for in Articles 128 et seq. of the Consumer Code.

10.3 Pursuant to the provisions of the Consumer Code, if at the time of receipt the Articles are defective or in any case present non-conformities with respect to the orders placed, the Consumer has the right: primarily to the restoration, free of charge, of the conformity of the goods by means of repair or replacement at his choice with a similar Article of equal value, unless the remedy requested is objectively impossible or excessively onerous or, secondly, to an appropriate reduction in the price or termination of the contract. The consumer may also request the issue of a purchase voucher in the amount of the price of the defective Article previously purchased.

10.4 The Vendor shall be liable to the Consumer-Customer for any conformity defect existing at the time of delivery of the goods and manifesting itself within 2 (two) years from that time. The action aimed at asserting defects that have not been fraudulently concealed by the Seller shall be time-barred within 26 (twenty-six) months from delivery of the goods, in the case of new goods. In the case of used goods, however, the limitation period shall be expressly limited to 1 (one) year from delivery.

10.5 The re-credit will be made through the payment method initially chosen by the Customer.

ARTICLE 11 - LIMITATION OF LIABILITY

11.1 The Vendor accepts no liability for inefficiency due to force majeure or unforeseeable circumstances in the event that it is unable to process the Order in a timely manner;

11.2 The Seller shall not be liable to the Customer for any inefficiency or malfunctioning of the Internet.

11.3 The Seller shall not be liable for damages, losses and costs incurred by the Customer as a result of non-performance of the contract due to causes not attributable to the Seller. In this case, the Customer shall be entitled to a full refund of the price paid.

ARTICLE 12 - MODALITIES OF ARCHIVING

12.1 Pursuant to Art. 12 of Legislative Decree 70/03, the Seller informs the Customer that each Order sent is stored in digital/paper form on electronic devices located at the Seller's premises in accordance with confidentiality and security criteria provided for by the sector regulations.

ARTICLE 13 - INTELLECTUAL PROPERTY

13.1 All contents available on the Web Site, such as, but not limited to, trademarks, photos, videos, texts and Articles are the exclusive property of the Seller, which holds and expressly reserves all intellectual property rights over them.

13.2 Users are not authorised to use such content in any way whatsoever, except where otherwise specified or clearly recognisable and/or unless expressly authorised by the Seller.

ARTICLE 14 - APPLICABLE LAW AND JURISDICTION

14.1 The General Terms and Conditions of Sale are governed by Italian law;

14.2 The Consumer Code applies with specific reference to regulations on distance contracts and Legislative Decree No. 70 of 9 April 2003 on certain aspects of electronic commerce.

14.3 In the event of a purchase made by a 'Consumer Customer', the courts of the place of residence or domicile of the Customer shall have territorial jurisdiction in respect of any dispute concerning the validity, interpretation or execution of these General Terms and Conditions of Sale.

14.4 In the event of a purchase made by a 'Business Customer', the Court of Forlì shall have exclusive territorial jurisdiction over any dispute concerning the validity, interpretation or execution of these General Terms and Conditions of Sale.

14.5 Pursuant to Article 14 of Regulation 524/2013, the Customer is also informed that in the event of a dispute he/she may lodge a complaint via the European Union's ODR platform available at the following link http://ec.europa.eu/consumers/odr.

ARTICLE 15 - DATA PROTECTION

15.1 With regard to the processing and protection of personal data, please refer to the Information on Data Processing provided pursuant to Article 13 GDPR 679/2016.

ARTICLE 16 - CONTACTS AND COMPLAINTS

16.1 The Customer may contact the Seller directly for any communication and for anything necessary for the conclusion and execution of this contract at the following addresses: info@designstaging.it.

16.2 The address referred to in the preceding paragraph has been set up by the Seller to enable the Customer to contact him quickly and efficiently.

16.3 For reports or complaints concerning the service offered, the Customer may contact the Seller at the following addresses: info@designstaging.it.

16.4 Complaints will be processed by the Vendor within 10 days of their receipt.