Art. 1- Supplier and e-shop identification
These terms and conditions of sale – applicable to all the purchase made by website www.rometti.it (hereinafter referred “Website”)- regulate online offer and sale of goods and/or services by Ceramiche Rometti s.rl. (hereinafter referred “Supplier”), registered office in Via Canavelle n. 5 , 06019 – Umbertide (PG), registered with Perugia Chamber of Commerce under n. REA 276868 C.F. P.IVA 03272280540 PEC: firstname.lastname@example.org share capital € 100.000 fully paid-up.
Art. 2 – Definitions
2.1 Electronic commerce contract (hereinafter referred “Contract”) means a sale contract under which the Supplier, or an intermediary, offers goods and/or services by website or electronic means, and the Purchaser places order of these goods and/or services through the Supplier’s website or by other electronics means organized by the Supplier. For this and following definitions reference is made to Regulation (EU) no. 524/2013 (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R0524&from=IT).
2.2 ‘Sale contract’ means any contract under which the Supplier transfers or undertakes to transfer the ownership of goods to the Purchaser and the Purchaser pays or undertakes to pay the price thereof (Regulation (EU) 524/2013).
2.3 ‘Service contract’ means any contract other than a sales contract under which the Supplier supplies or undertakes to supply a service to the Purchaser and the purchaser pays or undertakes to pay the price thereof (Regulation (EU) 524/2013).
2.4 “Relevant regulations” means rules given by D. lgs 06/09/2005 n. 206 and subsequent amendments (Codice del Consumo), by Regulation (UE 524/2013), as well as by Italian law.
2.5 “Purchaser” means consumer, user, natural person acting for different purposes which are outside his trade, business, craft and profession (art. 3 Codice del Consumo)
2.6 “Supplier” means natural or legal person acting in the course of his business, commercial activity, craft or profession, or a third party (art. 3 Codice del consumo)
2.7 “Manufacturer” means the manufacturer of finished goods or a component thereof.
2.8 “Conformity with the contract” means goods characterised with one or more of the following circumstance: i) they are fit for the purpose for which goods of the same type are normally used ii) they are comply – except as specified in the goods definition – with the description made and possess the qualities of the goods presented as sample or model.
2.9 “Goods” mean products marketed online by the Supplier. All the Goods are decorative products and are exclusively for ornamentation. Goods are not intended for food use or as containers for liquids. The goods offered for sale are graphically represented on the Site also through photographs of the product. However, the Supplier cannot guarantee an exact correspondence between the actual consistency of the goods promoted online and / or the representation on the Purchaser’s monitor and the final object. Small imperfections and discrepancies are the result of the craftsmanship of the product entirely handmade as certified and are not flaws and/ or defects. For more information, please refer to the product sheets.
2.10 “Business day” means each calendar day except for Saturdays, Sundays and other public holidays. “Calendar day” means each calendar day including holidays.
2.12 “Shipment confirmation” means the communication from the Supplier to the Purchaser containing the order number, the order summary with shipping address and estimated delivery time.
Art. 3 Subject of the contract
3.1 With the contract, the Supplier sells and the Purchaser purchases, through electronic means, goods and/or services offered on the Website, on the webpage www.rometti.it reproducing the catalogue of goods and/or services promoted online by the Supplier.
3.2 Any additional services on the site (transport, insurance, etc.) may be purchased during the purchase process. The additional services price is added to that of the Goods offered for sale by the Supplier.
Art.4 – Online catalogue update and availability of goods
4.1 The online catalogue shows all the goods offered for sale by the Supplier but does not guarantee the actual availability of the product in stock. The order placed in the computer system will therefore be subject to confirmation by the Supplier that will also note the delivery time asking again for confirmation of the order if the delivery time is greater than those referred hereinafter in art. 8.
Art. 5 – Conclusion of the contract
5.1 The contract between the Supplier and the Purchaser is finalized online only. After accessing the e-shop the Purchaser must follow the procedures set out to finalize the purchase of goods and/or services filling the format prepared by the Supplier. To finalize the online purchase, the Purchaser must select the goods and/or services chosen, by adding them to the cart set out by the Supplier. Once the goods and/or services chosen have been added to the cart, the Buyer will be asked to close cart clicking “go to checkout” button. A screen, in which the Purchaser can check the order, insert a voucher code, continue shopping, will open. The Purchaser must enter an email address to be used by the Supplier for future communications. After accepting the contract terms and conditions, the Purchaser will be directed to the next webpage to enter the shipping address for the goods and other additional data. Clicking on the “continue” button, the Purchaser will be directed to the next page where they will be prompted to choose a shipping method. Clicking on the “continue” button the Purchaser will be directed to next page where they will be prompted to choose a payment method. Clicking on the “pay with” button, the payment procedure for the goods and/or services will be opened.
5.2 Once the Purchaser has placed the order, they will receive an e-mail with confirmation of the order containing information about essential features of ordered goods, its price and total amount of purchase.
5.3 Failure to comply with the procedure provided in this section the Contract will not be concluded.
Art. 6 payment of price, taxes and any ancillary charges
6.1 The Purchaser agrees to pay the requested price for the goods and/or services purchased online according to the times and procedure provided by Website.
6.2 The prices of goods or services for sale on the website, like any other charges or expenses, are expressed in Euros.
6.3 The prices include VAT and any other tax payable under Italian Law. Delivery costs include VAT and any ancillary charges (transport insurance, clearance, etc.) as well as taxes and duties applied by the delivery country are not included in the sale price, but will be calculated in the purchase process by the Supplier and shown before the order confirmation and specified in the order summary.
Art. 7- methods, timing and security of payments and refunds
7.1 Payment of the Goods and/or Services purchased online will be made according to the method chosen by the Purchaser among those expressly permitted by the Supplier and punctually specified in the terms and conditions of the website www.rometti.it. This payment does not entail any additional charge for the Purchaser, except for costs incurred by the Supplier punctually proven and communicated to the Purchaser.
7.2 Any refund to the Purchaser will be processed by the methods provided by the Supplier and chosen by the Purchaser and, in case of withdrawal, within a maximum of 14 working days from when the Supplier has received the withdrawal notice. The Supplier has faculty to postpone the refund until the goods have been received or, in any case, until the Purchaser provides proof that he has returned them.
7.3 All communications relating to payments are made on a specific encrypted line that ensures the storage of such information with a high level of security and in compliance with the current legislation on the protection of personal data. Specifically, the application software used by the Supplier is managed with SSL (secure Socket Layer) protocol to encrypt data sent over the internet and Verified by Visa and Securcard for security in transactions. To have a secure connection, the Purchaser undertakes to use a software (web browser) apt to transmitting encrypted data with the Provider’s server.
Art. 8 – Mode, times and costs of delivery
8.1 The Supplier shall take care to deliver within 30 days starting from the conclusion of the contract as shown on the website.
8.2 If, after the Shipment confirmation, due to the occurrence of unforeseen organizational issues, the Supplier is not able to carry out the shipment within the referred time as provided in the previous paragraph, prompt notice will be given to the Purchaser at the email address provided during the registration process on the website.
8.3 Product shipment is via express courier, chosen by the Supplier each time. Cost and any other shipping charges will be calculated with the order confirmation, if due, it will be paid along with the goods and/or services.
8.4 Being handmade products, delivery time of the goods may vary between 20 and 30 working days from order confirmation, depending on the availability of products and raw materials. If upon order confirmation the Supplier is not able to comply to the referred shipping time, they will advise the Purchaser of the right to terminate the contract by giving notice to Supplier within 7 days from the unavailability notice.
8.5 Shipment products will take place upon receipt of payment.
Art. 9 – type of contract documents storage
9.1 According to d.lgs 70/2003 art. 12 and Codice del Consumo artt. 50-51 the Purchaser is informed that all contract documents will be stored in digital and/or analog format by the Supplier according with security and confidentiality criteria. A copy can be requested at the email email@example.com.
9.2 The Purchaser is required to keep on their device, in digital format, the order receipt, shipping confirmation and online sale conditions and declares to have printed and read and expressly accepts.
Art. 10- withdrawal, warranties and limitations of liability
10.1 The Purchaser has the right to withdraw from the Contract without penalty and without specifying the reason within 14 calendar days from the day on which the Purchaser has acquired physical possession of the goods as shown in the carrier’s documents.
10.2 If the Purchaser intends to exercise the right of withdrawal, he must notify the Supplier by means of a specific communication sent by registered letter with return receipt addressed to Ceramiche Rometti Srl Via Canavelle n. 5 – 06019 Umbertide (PG) or by certified e-mail to the address firstname.lastname@example.org
10.3 The return of the goods by the Purchaser must take place without delay and, in any event, within 14 calendar days from the date of sending the notice of withdrawal to the Supplier. In case of withdrawal the Purchaser shall return the goods using the original packaging or at least equivalent and suitable packaging to ensure the integrity of the goods during transport also in reason of its fragility. The only costs payable by the Purchaser for the withdrawal will be those relating to the costs of returning the goods which will remain their sole responsibility as well as those for the reimbursement of the sum in the hypothesis referred to in art. 10.4. The goods must be returned to Ceramiche Rometti Srl Via Canavelle n. 5 -06019 Umbertide (PG).
10.4 The Supplier will refund the price of the goods for which it was exercised the right of withdrawal within 14 working days of receipt of notice of withdrawal by the Purchaser. For the refund, the Supplier will use the same method chosen by the Purchaser for the initial transaction unless the Purchaser has declared that they wish to receive the refund in a different way. In the latter case, the costs arising from the different means of payment chosen will be borne by the Purchaser. These costs will be retained by the Supplier from the sum to be returned so that the refund will be made only for the difference between the sum to be returned and the costs for the return. The Supplier will be entitled to withhold the refund until the Purchaser has provided proof of having returned it.
10.5 If the returned goods are damaged, the Supplier will be authorized to withhold the value of the goods as compensation. Where the asset has a residual value, the Supplier will withhold the amount corresponding to the goods decrease in value by returning the residual value of the asset to the Purchaser.
10.6 When the Supplier receives notice of withdrawal, any obligations arising from the contract will cease, except as provided in this article for the repayment obligations of the goods and the amount.
Art. 11 guarantee of conformity, complaint and activation, any other guarantees
11.1 According to the Codice del Consumo, the Purchaser is guaranteed conformity of the goods within 2 years of their delivery. Unless proven otherwise, the lack of conformity that occurs within six months from the delivery date is presumed to already exist on the delivery date unless this is incompatible with the nature of the goods or with the alleged lack of conformity.
11.2 Goods sold by the Supplier are handmade, hand-thrown and glazed, therefore any difference in colour, dimensions, small differences between the website image and the reality, are not defects but the products features. The products nature itself means that every good is different from another making it unique.
11.3 If the goods are not conform with the terms of contract, the Purchaser may request alternatively and free of charge, for them to be repaired, replaced, or have a price reduction or exit from the contract unless the request is objectively impossible or prohibitively expensive for the Supplier pursuant to Art. 130, paragraph 4, of the Codice del Consumo. When repair or replacement are not possible or prohibitively expensive or the Supplier doesn’t repair or replace goods within contractual terms or, eventually, in case in which replacement or repair done has caused considerable inconvenience for the Purchaser, it may ask choose a price reduction or exit from the contract. Breaking of products due to incorrect use will not be considered as lack of conformity.
11.4 The Purchaser loses all rights related to the Conformity of consumer goods if they do not report the defect to the supplier within two months from the date of its discovery, unless the Supplier has recognized the defect or has knowingly concealed it. The report must be accompanied by the specification of the non-compliance found with at least one photo of the property and the receipt proving the purchase from the Supplier
11.5 Upon receipt of the goods by express courier, the Purchaser is required to check integrity of the parcel and to report immediately to the courier any flaws which suggest damage of the content. The Purchaser is required to report to Supplier defects due to transport.
11.6 The Purchaser is required to send the complaint and attached documents at Ceramiche Rometti srl via Canavelle n. 5 – 06019 Umbertide PG – ITALY
Art.12- limitations of liability
12.1 The Supplier is not responsible for the failure or delayed execution of the Contract if this is due to disservices attributable to force majeure, unforeseeable circumstances or in any case not attributable to the Supplier. Without prejudice to the hypothesis referred to in art. 1229 C.C. no compensation will be paid to the Purchaser who will only have the right to the full refund of the price and any ancillary charges paid.12.2 The Supplier, having demonstrated the adoption of all suitable measures based on ordinary diligence, experience, of online transactions, does not assume liability for fraudulent, illicit, or irregular use of credit cards or other means of payment attributable to negligent conduct of the Purchaser with respect to custody obligations, and timely information to the issuer of the means of payment
Art. 13- Non-contractual liability
13.1 The Manufacturer is responsible for damage caused by any faulty product promoted/sold within the Website. According with art. 116 Codice del Consumo the Supplier is responsible for damage caused by sold products if they fail to report to the injured party, the place of business of the manufacturer or intermediary who supplied the goods, within three months of the request of following paragraph.
13.2 The injured party may request compensation for damage caused by death or personal injury or the destruction or deterioration of something other than the defective item as long as it is normally used for private use or consumption and in this sense used by the injured party. In the latter case, pursuant to art. 123 of the Codice del Consumo, damage to something other than the defective good will be refundable only to the extent that it exceeds the sum of € 387.00. In any case, it will be up to the damaged party to prove both the defect and the damage suffered and the necessary causal connection between the defect and the damage suffered.
13.3 The request for damage, drawn up exclusively in writing, must specify exactly the asset that caused the damage, the date and the place of purchase. It will also be the responsibility of the damaged party to offer the goods for inspection according to the indications provided by the Manufacturer or Supplier or by third parties appointed by them.
13.4 Compensation for damage is excluded if the injured party, while aware of the defect of the goods and the dangers deriving from its use, has voluntarily exposed themselves to it. In the presence of fault of the injured party, Compensation for damage will be reduced in proportion to the severity of the fault attributable to the injured party.
13.5 Any liability of the Manufacturer or Supplier is excluded if the damage is attributable to the conformity of the goods to mandatory laws or to a binding provision or if the state of scientific and technical knowledge at the time the goods were put into circulation, could not consider it dangerous.
Art. 14. termination of the contract
14.1 Prompt payment of goods and/or services online purchased according with art. 5 of these terms and conditions, as the payment of any other commitment made are essential obligations for the contract.
14.2 Pursuant to and for the purposes of art. 1456 of the Italian Civil Code, the non-fulfillment of the obligations referred to in the previous paragraph, if not justified by unforeseeable circumstances or force majeure, will result in the automatic termination of the contract eventually concluded between the parties. The termination occurs right with the simple declaration of the interested party.
Art. 15 privacy
15.1 The Supplier will protect the Purchaser’s personal data by ensuring compliance with the current legislation and, in particular with (EU) 2016/679 of European Parliament and the Council (General Data Protection Regulation) and Codice della Privacy (D.Lgs 196/2003).
Art. 16- Communications and claims – contact details
16.1 Any request to the Supplier, as for any other communications connected or having a reason according to the terms and conditions, are to be sent be sent to the following addresses: registered mail: Ceramiche Rometti srl via Canavelle n. 50 06019 Umbertide (PG), mail at email@example.com
16.2 For any Communications to be sent to the Purchaser, reference will be made to the residence or domicile and telephone and / or email addresses indicated when registering on the Site and / or filling out the purchase proposal
Art. 17- language
17.1 The Website and related services are available in the Italian language. The Website is also available in the English language.
17.2 Online sale Terms and Conditions are available in Italian. If translated into other languages, the only authentic version will be the one in Italian, therefore any interpretation conflicts will be resolved using Italian content.
17.3 The Website accessible by computer, tablet, smartphone or other devices that promote the sales of goods and services on the national ed international markets. Orders from third country will be accepted and processed according with the procedure provided in these terms and conditions of online sale.
Art. 18 – out-of-court resolution
18.1 In compliance with EU regulation 524/2013, the Purchaser is informed of the right to defer the resolution of disputes with the Supplier concerning the offer, and the purchase of goods and / or services promoted online and in any case any arising dispute and / or connected to this Agreement, to institutions active in alternative dispute resolution via web procedure (so-called ODR Online Dispute Resolution). More information on the aforementioned procedures can be found on the online dispute resolution site at the link https://ec.europa.eu/consumer/odr/main/index.cfm?event=main.home.chooseLanguage.
Art. 19- competent court and applicable law
19.1 All disputes between the Supplier and the Purchaser relating to the contract and its execution will be governed by Italian law and will be under the exclusive jurisdiction of the Court of Perugia (Italy), except where explicitly stated otherwise. Non-derogable rights on consumer law in any way will be guaranteed to the Purchaser.