Conditions of Use
GENERAL PRODUCT SALES CONDITIONS
Last Updated on February 1st 2020
1 INTRODUCTION
1.1 The following Terms and Conditions govern the sale of products listed on the website www.arredatutto.com (hereinafter also referred to as the "Website" or, simply, the "Site").
1.2 The website owner is Arredatutto S.r.l. (hereinafter the "Seller"), VAT Payer and Taxpayer No. IT05835900969, with registered office in Milan - 20122, at Via Bianca di Savoia 17, with share capital of 10,000 Euros, fully paid up, registered with the Milan Commercial Registry as No. 1852152 of 7/27/2007. e-mail: info@arredatutto.com
1.3 By using the Website and/or making any purchase, you automatically agree to these Terms and Conditions for Product Sales. We therefore invite you to carefully read these Terms and Conditions before making any purchase.
1.4 Please also note that the General Conditions for Product Sales are subject to change. We therefore ask that you review them and save or print a copy before making any purchase. Any amendments are binding with effect from their publication in the network and are not applicable to contracts concluded prior to their publication.
2 DEFINITIONS
2.1 In these General Conditions for Product Sales:
a) "Customer" means the person who buys the products from www.arredatutto.com;
b) "Consumer Code" refers to Legislative Decree. No. 206/2005, as amended by Legislative Decree no. 21/2014, which regulates the consumer rights set forth and implemented the Directive 2011/83/EU amending Directive 93/13/EEC and Directive 1999/44/EC and as amended by Italian Legislative Decree. n. 130/2015 implementing European Directive 2013/11/EU.
c) "Sales Terms and Conditions" means the terms governing the sale and purchase of products via the website www.arredatutto.com;
d) "Consumer" has the meaning given in Article. 3, letter a) of the Consumer Code "an individual who is acting for purposes unrelated to one’s business or profession";
e) "Contract" means the contract concluded by the Seller and the Customer concerning the products on the website www.arredatutto.com;
f) "Legal Guarantee of Conformity" refers to the guarantee set forth in Articles 128-135 of the Consumer Code, applicable exclusively to Consumers.
g) "Order" refers to the customer's request addressed to the Seller for the purchase of the product presented on the website www.arredatutto.com
h) "Product or Products" refers to all products sold from time to time over the website www.arredatutto.com;
i) "Purchase Proposal" means the written forms used by the client to inform the seller of his/her intention to buy the product on the Website www.arredatutto.com;
j) "Website" means the website www.arredatutto.com;
k) "Seller" means Arredatutto S.r.l.
3 CONCLUSION OF THE CONTRACT
3.1 The contract between the Seller and the Customer shall be considered to be executed and effective only upon the Seller’s acceptance of the purchase proposal (or order "Pending"), and the Seller reserves the right, at his sole discretion, to accept or reject the order according to the availability of the product in the Proposal in accordance with the conditions established therein.
Acceptance of the Order consists of changing its status from "Pending" to "in process".
The Seller will promptly inform the Customer if the proposal is rejected and the reasons for rejection, by sending an e-mail to the address indicated or by making a telephone call, explaining the reasons behind his decision.
3.2 The Purchase Proposal is strictly "while stocks last". In the event that the actual product is no longer available from the supplier company and/or longer periods of time are required than those specified in paragraph 6.2 below, the Seller will be promptly notify the customer by e-mail or by telephone.
In this case, the customer can choose to:
a) Cancel the order with a refund of the amount already paid;
b) Exchange the Product;
c) Wait longer even beyond the time set forth in Section 6.2 below.
3.3 In the event that the customer selects option a) from the above, then all paid amounts will be refunded as soon as possible, within fifteen (15) days from his/her refund request.
3.4 The customer, by placing the order, automatically declares to have read all the information provided during the purchase procedure and accepts the General Terms and Conditions for Sale and payment referred to hereinafter (even though orders might have been placed by telephone or e-mail).
3.5 If the customer is a consumer (i.e. a person who buys goods for purposes not related to his profession), then upon the conclusion of the online purchase procedure he/she will print or save an electronic copy (and in any case keep) these Sale Conditions in accordance with the provisions of Articles 49-51 of Legislative Decree. n. 206/05 on distance selling.
3.6 The Seller shall not be liable for delivery errors caused by erroneous or incomplete information given by the customer in completing the purchase order. The Seller will also not be responsible for any damages that may occur to the products after delivery to the carrier for transport as well as for delay in delivery due to the latter.
4. PURCHASING PROCEDURE
4.1 The Customer can purchase only the Products available on the Site at the time of the Order and viewed a twww.arredatutto.com, and as described in the related information sheets. The technical information available on the site shall faithfully reproduce the information provided by the producers in their catalogues or websites that are accessible by the public. The Seller reserves the right to update the technical information for the products, without prior notice, so that it matches the information provided by the product manufacturers. It is understood that the picture accompanying the description of a product may not be representative of its features; the product ordered may differ in colour, size, accessories, etc.… from the picture.
The Seller therefore shall not be responsible for any errors in technical information, description or photographs, whether due to error on the site or in the printed catalogue provided by the manufacturer.
If the customer is interested in certain characteristics of a product, then before placing his/her order the customer shall be responsible for and contact the product manufacturer to ensure that the selected product has the required characteristics.
4.2 The Seller will confirm correct receipt of the Purchase Proposal through a reply sent by e-mail to the email address provided by the Customer at the time of his/her registration. This confirmation message will include:
a) All data entered by the customer (name, address, e-mail etc.)
b) Date and time of receipt of the Purchase Proposal
c) A description of the product (features, colour, size, price etc.)
d) An "Order Number" to be used in any further communication with the Seller
4.3 The customer is then required to verify that the Order is correct and promptly communicate any inaccuracies by writing to info@arredatutto.com.
4.4 The Customer can check the order status by logging in to the Members Area, under the heading “Your Account”.
4.5 The customer can make changes to or cancel his/her order at any time before it is processed or when the Order is still in “Pending” status.
If an Order is at an advanced stage of the process, namely "In process", it can be cancelled only if the option is available in the Customer's order detail page. In this case the Seller will retain 10% of the price of the Order to cover administrative, logistical and operating costs.
An Order cannot be cancelled or modified for any reason if it is in any other status, without prejudice to the Consumer’s right to withdrawal referred to paragraph 8 below.
4.6 Orders for a personalized or made to order product cannot be cancelled.
4.7 On receipt of a Purchase Proposal, the Seller will proceed to verify its acceptance as set forth in point 4 above. In the event of rejection of the Purchase Order, the Seller shall promptly notify the customer.
4.8 All prices shown on the Site shall be understood as prices to the public and include VAT, except when the country of Product destination is outside the EU.
4.9 The simultaneous access of many users-clients and the possibility of making many simultaneous “on line” Orders may change the availability of the Products and/or their price. Therefore, if a change is required at the time of the Purchase Proposal, the Seller will proceed to send an e-mail to the Customer informing the customer of all variations changes and/or changes in the product, thereby converting it into a new Purchase Proposal.
If the Customer does not wish to accept the new Purchase Proposal with the necessary changes made, the Purchase Proposal previously presented by the Customer will be cancelled with no damages or compensation required.
4.10 Seller shall issue an invoice for every order placed on www.arredatutto.com, containing the information provided by the Customer in the Customer Order. No changes will be made to the invoice after it has been issued.
5 PRICES AND METHOD OF PAYMENT
5.1 The Seller reserves the right to change the prices of products on the Site at any time. The price of a product cannot be changed after the price has been agreed, and the Order has been accepted, except for error in same.
5.2 For orders with Extra EU Delivery , VAT (or Sales Tax) and any import duties will have to be paid by the customer after customs clearance, according to instructions given by the courier who will deliver the products.
5.3 Payment of the products, services and postage shall be by credit card (VISA, MasterCard, Maestro, American Express, Diners Club), bank transfer paid in advance or any other alternative payment method made available on the order completion page (checkout), according to the shipping country.
5.4 In the event of payment by credit card, the debit to the bank account of the Client will automatically be paid at the time of the Purchase Proposal, and the Order will be considered effective only upon approval by the bank centres.
5.4 If payment by Sofort Banking has been selected, the customer will be automatically directed to the Sofort Banking website.
Paying with Sofort Banking also speeds up the order, which can be processed immediately.
5.5 In the event the purchase is made by PostePay, at the conclusion of the Order the Customer will be automatically directed to the Poste Italiane login page. The amount of the Order will be debited to the PostePay account at the time of the order is placed.
In the event the order is cancelled either by the customer or because of the Seller's failure to accept same, then the amount will be refunded to the Customer's PostePay account.
The Seller in this case shall under no circumstances be responsible for any damages, direct or indirect, caused by any delay on the part of Poste Italiane to release the amount.
5.6 In cases of advance payment by bank transfer, the order shall be sent or delivered to the Customer only after accrediting to the Seller payment of the amount due. The transfer shall be authorized by the Client within 7 calendar days from acceptance of the Order; if payment is not made within this period, then the Order will be automatically considered as cancelled. The proof of the bank transfer must include the Order number indicated in the order confirmation e-mail, which provides the banking information required to make the transfer.
Any bank charges will have to be borne by the customer.
5.7 In the event of purchase by cash on delivery, the full amount of the order will be applied, plus an additional 3% (minimum 15.00 €), clearly indicated at the time of selecting the payment method. Fifty percent of the amount shall be paid by wire transfer and the remaining fifty percent will be paid directly upon delivery. Payment shall be made to the courier by bank draft made payable to ARREDATUTTO SRL (Bank drafts will not be accepted by the courier) or cash (for orders under 1000.00 €).
The deposit and the balance due are clearly indicated on the Website when the order is placed, and will also be provided in the confirming email.
COD payment is available only in Italy.
5.8 Payment after delivery. In cooperation with Klarna, we offer you the payment after delivery as a payment option. Payment will be made directly to Klarna, 14 days after receipt of the goods. Please note that Klarna's after-delivery payment is only available to consumers, not to companies.
Klarna reviews and evaluates data information and may exchange data with other companies and credit analysis agencies. Personal information will be processed in accordance with the data protection regulations of the destination country, as indicated in Klarna's privacy policy.
For any further information, please, visit www.klarna.com.
This payment method is available only in Norway, Austria, Denmark, Finland, Germany, Netherlands, Sweden.
5.9 As indicated in the Privacy Policy, the Site does not store the customer’s bank or credit card details in order to assure the security of same. The customer is invited to record and print the data relating to the payment if he/she wants to save the details of the bank transaction.
5.10 Any other alternative payment methods will be visible on the checkout page, depending on the destination country. For information, please visit the website of the relevant payment type operator.
6 PRODUCT DELIVERY
6.1. Place and form of delivery
6.1.2 The Seller shall deliver the Products in Italian territory and abroad.
6.1.3 The Products purchased shall be delivered to the address specified by the Customer in the order Form or as specified as the delivery point, at the option of the customer in the order itself. Stoves, fireplaces and especially heavy or bulky products may require an additional payment, if the courier so requires; and the customer will be notified of same in advance, for his/her acceptance. An extra fee may be required by the courier for deliveries to especially difficult areas (smaller islands, narrow, dirt or difficult to travel roads).
6.1.4 Delivery timespan vary by product and destination.
To get an estimate of the delivery timespan, you need to sum the supply time, specified in the product page, and the shipping time, indicated in the shopping cart once products destination has been entered.
6.2. Delivery to the address specified by the customer in the order form
6.2.1 The Seller will notify the customer, by e-mail, of the date of delivery to the courier.
6.2.2 The products ordered will be sent to the address specified by the customer in the order form. Unless otherwise specified by the customer in the order form, the delivery shall be at the curbside. Installation of the products sold is not included, unless specified otherwise at the time of purchase. The customer will be contacted by telephone or e-mail prior to delivery, in order to agree on the date and time of delivery, in the case of specialized couriers. In the case of express couriers, only simple notice can be given by e-mail or text message.
6.2.3 If the customer is absent the day, time and place agreed for delivery (and in case of failure to reach by phone or email the customer once the products have been shipped), the articles will be deposited in the warehouse of the local courier and considered as unclaimed. A second attempt at delivery may be provided by the courier, depending on its form of service and as established at the time of the order, without considering the merchandise unclaimed. Notwithstanding the above, arredatutto.com customer service will be informed of the delivery attempt and its unclaimed status, and immediately contact the customer to arrange a new delivery date and time.
In the event that the customer assistance cannot contact the client to reschedule delivery or if the customer does not respond to attempts to contact by customer assistance, the articles will be returned to the Seller and the Customer will be notified of such circumstance by e-mail.
The Customer acknowledges that the contract will be terminated and the purchase order cancelled fifteen (15) days after the return of the article to the Seller, in accordance with Article 1456 of the Italian Civil Code. Upon termination of the agreement, the Seller will refund the amount paid by the customer, less the cost of unsuccessful attempts to deliver the product and the costs of returning the Product to the Seller, storage costs for the Product, administration and handling expenses in an amount equal to 10% of the amount of the order. The customer will be informed of the termination of this Agreement and the amount of the refund by e-mail. The refund will be credited in the same form as the payment solution selected by the Client for the purchase, after verifying the integrity of the Product.
6.2.4 Please note that the costs of storage depend on the courier (in case of delivery at our warehouse, they amount to 2.5 euro per day including VAT). These costs are counted from the day following the non-delivery or after fifteen (15) days of availability of products, in the case of delivery at our warehouse.
6.2.5 In the event that the customer once again requests delivery of the articles before the expiration of the period of (15) days, then the Seller will proceed with the new delivery, subject to payment of shipping costs plus the cost of returning the Product to the Seller.
6.2.6 The Seller shall not be liable for errors in delivery due to inaccurate or incomplete information provided by the Customer, in the purchase order. The Seller will also not be responsible for any damages that may occur to products after delivery to the courier for transportation of same, and for delays in delivery due to the latter.
6.3. Withdrawal from Seller’s warehouse
6.3.1 The seller agrees that the customer can, as an alternative to delivery to the postal address specified by the customer in the order form, pick up the product purchased from the Seller’s warehouses. To opt for this form of delivery the client shall select “Pick up from Warehouse” during the purchase process.
6.3.2 As soon as the Product is ready for pickup, the customer will receive an e-mail notice of delivery of the Product at the warehouse of the Seller.
6.3.3 The delivery is considered completed on the date indicated in the e-mail alert above.
6.3.4 The customer will have a period of fifteen (15) days from the date indicated in the e-mail notice to provide for pickup of the article, unless other prior arrangements are made with Customer Service. If the Customer does not fulfill this obligation, then Customer Service will advise the customer by e-mail, advising him of his failure to pick up the product and that the product is considered unclaimed. The Customer agrees that after fifteen (15) days have transpired from when the parcel is considered in storage, the Contract will be terminated in accordance with Article 1456 of the Civil Code. The order will consequently be cancelled and the Seller will proceed to refund the amount paid by the customer less the costs of storage and any additional expenses. Said refund will be made to the customer in the same form as the form of payment selected by the Customer.
6.3.5 To withdraw the product, the user must present the warehouse personnel with a copy of the e-mail notice of receipt at the point of pick up together with identification. If the Customer cannot personally pick up the article, then he/she can delegate a third party by providing a copy of the identification of the customer as well as the person delegated.
6.3.6 Failure to pick up the product under the terms referred to in the preceding paragraph shall not be understood as an exercise of the right of withdrawal under Article 52 (former Art. 64) of Legislative Decree No. 6 of September 2005, no. 206 ("Consumer Code") and consequently, will not entitle him/her to a refund of the full amount paid by the customer for the purchase of the Product.
6.3.7 The 15-day allowed to exercise the right of withdrawal under Article. 52 of the Consumer Code will begin the date the Consumer acquires physical possession of the goods or:
1) in the case where multiple products are purchased by one order and delivered separately, the day on which the consumer acquires physical possession of the last good;
2) in the case of delivery of a product consisting of multiple lots or pieces, the day on which the consumer acquires physical possession of the last lot or piece. The terms and conditions governing the exercise of the right of return are described in the following art. 8, the full content of which is provided.
6.3.8 In the event the customer exercises the right to pick up the articles, then the Seller will refund all amounts paid by the Customer, in full, provided that such returns are in accordance with the terms set forth in paragraph 6.3.6 of this Article. In the event the product is not withdrawn under the above terms, the Seller shall proceed with the termination of the contract and refund the amount paid by the Customer, less shipping costs to the Pick-up Point, in accordance the provisions of this Article.
6.4 Delivery Terms
6.4.1 The deadline for delivery is thirty (30) business days starting the day after the order is "In Process".
6.4.2 It should be noted that some products may have an availability time that is longer than thirty (30) business days. In this case the Seller will promptly notify the Customer, if this was not indicated on the product page at the time of purchase. If the expected supply date, or the expected date of delivery to the final Customer, falls during the Christmas holidays or during August, 15 extra days must be added to the deadline during the Christmas period and 30 extra days must be added to the deadline in August.
6.4.3 In the event that the deadline cannot be met, for reasons for which the Seller is not responsible (e.g. production delay), then the Seller will notify the Customer; the Customer will have the power to:
1) Cancel the order and be refunded (please note that an order can be canceled only if the supplier/manufacturer allows the cancellation);
2) Change the Product(s);
3) Wait for an extended period of time than the deadline indicated in paragraphs 6.4.1. and 6.4.2.
6.4.4 If the Customer wishes to cancel his Order in accordance with paragraph 6.4.3 option 1), the refund will be made as soon as possiblewithin 14 days from the request, and credited by the same payment method originally used to pay the order.
6.4.5 If some of the products ordered have already arrived at ours or at the supplier's warehouse (eg: refrigerator and 1 hob were ordered, and only the fridge has arrived in our warehouse and the hob exceeds the terms set out in point 6.4.3), only the amount paid for the products that have not arrived can be refunded; the items that are already available will be sent to the customer, recalculating the delivery costs and any discounts. This does not apply if the missing products are coordinated with those that have arrived (e.g. only 2 chairs out of 4 have arrived).
6.4.6 Up to 10% of the refund amount may be retained from the refundable total, in case cancelling the order involves administrative, logistic or operational costs. In this case, the customer will be notified in advance, before canceling the order.
6.4.7 The indicated terms do not include service interruptions deriving from atmospheric events (blizzards, hurricanes, tornadoes, cyclones, storms, typhoons), natural events (floods, landslides, avalanches, earthquakes), health events (pandemics, health emergencies) and other exceptional events (like strikes, demonstrations, riots, civil wars, curfews). The interruptions of service deriving from the above mentioned events have the effect of interrupting the day count of the delivery terms described in this paragraph, until their solution.
7 TRANSFER OF TRANSPORTATION RISKS AND DAMAGES
7.1 Consumers have the burden of verifying the conditions of the Product being delivered to them.
7.2 The customer will check the articles upon delivery and verify:
a) that the number of packages delivered corresponds to that indicated in the packing slip.
b) that the packaging is intact (not wet, torn, folded or otherwise).
7.3 The operator making delivery shall immediately be notified, in writing, of any exterior damage or difference in the number of packages; this notice will include words "subject to control for... (Specify reason)” on the appropriate accompanying document that the courier will ask you to sign.
For example, the customer will be able to write: "Subject to control for damaged packaging “or "subject to control for non-delivery of a package."
7.4 If the customer accepts the product and signs the delivery document without adding any reserves that may be necessary, referred to paragraph 7.3 above, then he/she may not later claim for any losses or damages due to transportation.
7.5 Complaints reported will be confirmed within eight (8) days using the form After-Sales Service form provided on www.arredatutto.com.
Upon receipt of the e-mail from the customer, the seller will ask the courier to open a claim for damage in transport.
7.6 Upon confirmation of the presence of a transport damage (in the sole judgment of the courier), the Seller will arrange for repair of the Product, order a replacement product or refund the purchase price. Any additional transport costs will be borne by the customer unless he/she has selected the Premium Option.
7.7 Any notification received after the deadline will not be taken into account.
The customer assumes full responsibility for each and all of the statements made.
8 RETURN POLICY
8.1 The Consumer (see art. 2.1 lett. d) who has purchased products through the Website has the right to terminate the Agreement with the Seller free of any penalty and without giving any reason except as described in paragraph 8.3 and 8.4, within fifteen (15) days from the date of receipt of the Product, by sending a message to Technical Support. The date indicated on the packing slip is full proof of receipt.
8.2 To exercise the right of return, the Consumer shall:
i) Have access to the area of the site reserved for "Post-Sales Service";
ii) Fill out the request for return. You will receive a return confirmation e-mail with instructions for return, that includes a label with your authorization code to be placed on the packaging. It is therefore recommended that the customer keep a careful control of his or her email inbox (as well as possibly "spam" or "Junk mail" folders). In the event that no response is received by email after 24 hours, contact our Customer Service.
iii) Send the Product purchased, using the courier of your choice and at your own expense, within fifteen (15) days from the date of return confirmation email. The returned products must be protected and packed in its original packaging together with all accessories. To be eligible for a return, the item must be in the same condition as received.
Guest customers need to create an account and register with the same email used to purchased the products.
Here you can view the model of request of return.
8.3 The exercise of the right of return is subject to the following mandatory conditions and, in particular, the Product must be returned:
a) Without obvious signs of use that would diminish the value and prevent its resale: used, damaged or dirty products will not be accepted;
b) Properly packed in the original packaging, in perfect condition for resale (not damaged or soiled) and with all accessories, if any, instructions for use and documentation. To limit damage to the original packaging, it is recommended that it is placed inside another box, when possible, and that no adhesive tapes are used on the original package.
c) Providing the invoice in order to allow the Seller to identify the customer (order number, name and address).
The right of return cannot be exercised if these conditions are not complied with.
8.4 It is also agreed that:
i) The right of return can be exercised only for the entire Product purchased; it cannot apply to only part of the Product purchased (E.g.: accessories, software, attachments, etc...).
ii) The customer will be responsible for and pay the seller for any damages to the product during shipment to the Seller, up to issuance of the certificate of receipt by the seller’s warehouse. Therefore, the Seller shall inform the customer of any damage to the goods being returned during transport (within 5 working days from receipt of the goods), so that it can file a timely complaint against the courier of his choice and to obtain reimbursement of the value of the property (if insured).
8.5 The Seller shall reimburse amounts paid by the customer (except for the supplementary costs arising if Customer chooses a type of delivery other than the least expensive type of delivery offered by Arredatutto and for the eventual Premium Option). That refund shall be as soon as possible and only after receiving the product and after checking that it complies with the terms and procedures for exercising the right of return as well as the substantial integrity of the product and packaging, as specified in Section 8.3, and without prejudice to any repair costs for damage caused to the product or the packaging (30% of the product value, as this will have to be sold as "reconditioned"), and in any case within fourteen (14) days from the date that the Seller becomes aware of the exercise of right of return. The customer will be notified of the refund amount by e-mail and said amount will be credited by the same means or payment method used for the purchase.
8.6 The right of return is not applicable when the sale is for personalized products (clearly shown in the cart and in your confirmation email with the word "Customized" 
) or for products which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
8.7 In the event the right to return is exercised with funding, the related funding process will be cancelled. Without prejudice to the above, the Customer shall inform AgosDucato of its desire to withdraw the articles, and the Seller will directly reimburse the amount paid.
9 INSTALLATION OF THE PRODUCT; REMOVAL OF LARGE APPLIANCES
9.1 Large appliances and furniture purchased through www.arredatutto.com will be installed only in the areas specifically indicated on the Site. An additional charge may be incurred for this service, and clearly indicated at the time of the request.
9.2 Removal of the used appliance may be offered in the same areas for certain types of products. This pick-up service will be exercised together with delivery of the new product, and will follow proper disposal in compliance with the regulations relating to the transport and environmental protection.
10 LEGAL WARRANTY OF PRODUCT CONFORMITY
10.1 Every Product sold on this Site to a purchaser is guaranteed under the terms Article 128 and following of Legislative Decree. No. 206/2005. Therefore, the seller is liable to the consumer for any lack of conformity which may exist at the time of delivery of the product that becomes apparent within two (2) years from the date of effective delivery. The lack of conformity must be reported to Seller, under penalty of forfeiture of the warranty, within two (2) months from the date that it is discovered.
10.2 The product purchased lacks conformity when it:
(i) Is not suitable for the purposes for which goods of the same type are normally used;
(ii) Does not comply with the description given by the seller and possess the qualities of the articles presented by the seller to the consumer as a sample or model;
(iii) Does not have the quality and offer the performance normally found in articles of the same type and which the consumer can reasonably expect, taking into account the statements made in advertising or on the labels;
(iv) Is not suitable for the specific use for which the consumer requires them and which was made known to the seller at the time the contract was signed and which the seller has accepted, also implicitly.
10.3 Unless proven otherwise, it is assumed that any lack of conformity which becomes apparent within six (6) months from the date of delivery already existed as of that date, unless this assumption is incompatible with the nature of the product or the nature of the defect. Beginning the seventh month following the delivery date, the Customer will be responsible for proving that the lack of conformity existed at the time of delivery of the same.
10.4 Any products that have been repaired, changed or altered in any way by the Customer shall likewise be excluded from the legal guarantee of conformity.
10.5 In the event that any defect is duly reported under the terms referred to in paragraph 10.2 above, the consumer has the right:
a) firstly: to the repair or replacement of the Product free of charge, at his/her option, unless the remedy requested is impossible or disproportionate to the other for the seller and therefore in the specific case at hand considering the type of sale, replacement of the article, when this is possible in view of the number of items still available for sale;
b) secondly, to the reduction of the price or termination of the contract, at his/her option. This, however, i.e. in cases in which repair or replacement are impossible or excessively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously may have caused great inconvenience to the Consumer.
10.6 The remedy sought is unduly burdensome to the Seller if it imposes unreasonable costs compared to alternative remedies that can be exercised, taking into account (I) the value that the product would have if there were no lack of conformity; (Ii) the extent of the lack of conformity; (Iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.
10.7 In no event shall the Seller be liable for failure to comply with any of its obligations under these Terms and Conditions in the event that the failure is caused by accident and/or force majeure.
11 PRODUCT WARRANTY
11.1 Certain products sold on the Site may be supplied with a contractual guarantee provided by the manufacturer. This guarantee is in addition to but does not replace the legal warranty referred to in paragraph 10 above that covers the customer.
11.2 In the event of any product malfunction, the Customer shall contact the authorized service centres and technicians of the manufacturer and follow the procedures required to receive the assistance offered by the service centre.
11.3 In the event that the Product is not directly covered by the manufacturer’s warranty or the service centre has notified the customer that it should send its service request to the Seller, the Customer may send the request for assistance directly via the "Support" page or to the “Post- Sales Service", and Customer Support shall inform Customer of the procedure, after contacting the manufacturer.
The manufacturer may request to receive the product or parts of the product to check the actual malfunction or defect. In this case, the customer will have to anticipate the delivery costs of the product to the manufacturer, agreeing to delivery with Arredatutto. If the manufacturer determines that the defect or malfunction is actually covered by the warranty, the delivery costs will be refunded and the repair or replacement and subsequent delivery will be free of charge.
Otherwise, the customer will be required to pay the repair or replacement of the defective piece and the costs of redelivery.
11.4 The warranty does not cover parts subject to wear and tear, aesthetic parts, Products with a warranty seal that has been damaged and/or tampered, as well as damages caused by accident, negligence, improper use, use of unauthorized spare parts, improper packaging, or any other cause not attributable to the Seller or manufacturer.
11.5 This warranty does not include:
a) Periodic maintenance and repair or replacement of parts due to wear and tear;
b) Consumables (components that are expected to require periodic replacement during the lifetime of a product, such as non-rechargeable batteries, light bulbs, etc.);
c) Damage or defects caused by use, operation or improper handling of the Product for purposes other than normal personal or domestic use;
d) Damages or changes to the product resulting from misuse, including:
- Treatments causing physical, cosmetic or surface damages or changes to the Product or damage to the liquid crystal display;
- Improper installation or use of the Product for purposes other than those provided or failure to comply with the manufacturer's instructions on installation and use;
- Improper maintenance of the Product not in accordance with the manufacturer's instructions on proper maintenance;
- Installation or use of the Product, which does not comply with the technical or safety standards in effect in the country in which the product is installed or used;
e) Defects or conditions of the systems to which the Product is attached or with which it is incorporated;
f) Repair or attempted repair by unauthorized personnel and non-authorized service centres;
g) Alterations or modifications made to the product without prior written permission the Seller, including:
- Updates/adaptations of the Product exceeding the specifications and functions described in the instruction manual, or changes to the product to adapt it to national or local safety and technical standards in countries other than those for which the product was specifically designed and built;
h) Negligence;
i) Acts of God, fire, liquids, chemicals or other substances, flooding, vibrations, excessive heat, improper ventilation, excessive or incorrect energy supply voltage, peaks in energy supply, radiation, electrostatic discharges including lighting, other forces and external impacts.
11.6 The only obligation of the Seller under this warranty is to repair or replace the Products in accordance with the terms and conditions of this warranty. Seller declines any responsibility for any loss or damage in connection with this warranty or another, including economic or intangible losses, the price paid for the Product, lost profits, revenue, data, enjoyment or use of the product or other products, associated losses or indirect, incidental or consequential damages.
11.7 Seller shall likewise not be responsible for any loss or damages deriving from:
- Impaired functioning or failure of the product or associated products due to a defect or non-availability of spare parts while at the Seller’s installations or other authorized service centre, resulting in down time, loss of useful time or interruption of business;
- Imperfect performance of the product or associated products;
- Damage or loss of any programs, files, software and/or removable data storage media, or viruses, and other causes.
11.8 As provided in paragraphs 11.6 and 11.7, in cases where the law prohibits or limits these exclusions of liability, the Seller’s liability under the terms of this warranty shall not in any event exceed the price paid for the purchase of the Product.
12 COMMUNICATIONS
12.1 Unless otherwise provided, any communication or dispute shall be made by e-mail to info@arredatutto.com or by registered letter with acknowledgment of receipt to the Seller, in Milan (ITALY) 20122, via Vigevano, 32.
13 USE OF THE SITE
13.1 Product descriptions and images found on this site correspond to those made available by the Seller’s suppliers or the Seller. Photographs and video presentations of products in support of the descriptive information are posted on the Site for purposes of description, considering the fact that the quality of the images, including any variations in the colour displays may depend on software and tools used by the customer at the time of connection to the Site. The Seller does not assume any responsibility for any problems that may be caused to the customer by the use of the Site and the technologies employed as independent of his own will.
14 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
14.1 The Seller declares that the Site as well as all trademarks and logos used in connection with the products proposed for sale are protected by the applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden, in any form or for any purpose that may occur. The Seller reserves the right to take legal action to enforce those rights. The Seller does not assume any responsibility for the trademarks and other distinctive signs appearing on the products it distributes on the Site, and the Customer does not acquire any right to same, following the conclusion of the Contract.
15 PROTECTION OF PERSONAL INFORMATION
15.1 The seller is the data controller of the personal information gathered at the time of registration on the Site as well as that subsequently provided at the time of purchase by the customer, except for data relating to the payment process which should be held by the banks through which the transaction occurs. For information relating to the processing of personal information, including the rights under Art. 7 Legislative Decree. 196/03, please refer to the Privacy Policy.
16DISCLAIMERS IN THE EVENT OF FORCE MAJEURE
16.1 In no event shall Seller be liable for any breach of one or any of the obligations arising from these General Conditions of Sale when said breach is caused by accident and/or force majeure, including but not limited to natural disasters, terrorist acts, network failures and/or blackouts.
17. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
17.1 The present contract between the customer and the Seller is governed by Italian law and, in particular, by the Consumer Code, as amended, and Legislative Decree. N. 70/2003, as amended.
17.2 Any dispute concerning the terms and conditions will be the competent court of the location indicated by the customer as their residence and domicile, if located in the Italian territory.
17.3 Under Article. 141-sexities of the Consumer Code and Regulation no. 524/2013 we inform the European Customer that in case of dispute he may send a complaint by the Online Dispute Resolution (ODR) platform of the European Union at the following link http://ec.europa.eu/consumers/odr/ (the platform will be operational from 15 February 2016). The ODR platform is an access point for customers who wish to solve in the field of court disputes arising from sales contracts or services online. To this aim, we inform you that the email address of Arrredatutto is info@arredatutto.com
17.4 Furthermore, the customer can use the "Joint Conciliation" procedure. The Procedure may be initiated if the consumer has not received a response or has received a response that he has not considered satisfactory within 45 days after having lodged a complaint with the company. The client who decides to use the joint conciliation procedure is obliged to send the request to the following address: conciliazione@consorzionetcomm.it. For further information, please refer to: www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl
18 MISCELLANEOUS
18.1 These Terms and Conditions set forth the terms and conditions applicable to the Customer at the time of purchase of the Products on the website. The Client may contact the Seller directly by email to info@arredatutto.com, for any clarification.
18.2 The terms of purchase may change, therefore the Customer is invited to check these and save a copy before placing any Order.
18.3 The regulatory provisions mentioned in these Terms and Conditions are also available on the Internet at the following sites:
Consumer Code (Legislative Decree no. 206/2005) in Chapter I of Title III Section II and III of the "Legal Information for the consumer and the right of return in distance contracts and contracts negotiated away from business premises" (Articles 49-67)
Consumer Code (Legislative Decree no. N. 206/2005), Section II Distance contracts (Articles 50-67); for return right refer to Part III, Title III, Chapter I Sez. II, for the online disputes resolution refer to Part V title II bis
http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-09-06;206!vig=
http://www.gazzettaufficiale.biz/atti/2014/20140058/sommario.htm
Rules on Electronic Commerce (Legislative Decree no. N. 70/2003)
http://www.parlamento.it/leggi/deleghe/03070dl.htm
Privacy Policy
http://www.garanteprivacy.it/garante/doc.jsp?ID=722132
For more information on online dispute resolution procedure consult the following websites:
European Commission: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_it.htm.
