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ART. 1 - GENERAL PROVISIONS
1. To the purpose of these terms and conditions of sale, a user is intended as any individual, who is at least 16 years of age and has access to the web (hereinafter The User). The User freely accesses the www.ecoceramica.com website (hereinafter Online Shop), accessible both independently or through the url: www.ecoceramica.com referring to Eco Ceramica S.p.A. (hereinafter the "Site" and "Eco Ceramica"). By browsing and transmitting a purchase order on the Online Store the User accepts the Data Protection Conditions and Policies indicated on the Online Store and on the Site.
2. These general conditions of sale (hereinafter the "Sale Terms and Conditions") apply to the sale of products in which the User is defined as consumer, pursuant to art. 3 of the Consumer Code, also "individual acting for purposes unrelated to entrepreneurial, commercial, artisanal activity", with exclusive reference to purchases made on the Online Shop in accordance with the provisions of Part III (The Consumption Report), Title III, Chapter I, Consumer Code (Legislative Decree No. 206/05 pursuant to Article 7 of the Law of 29 July 2003, as amended by Legislative Decree No. 21/14,hereafter, the "Consumer Code"), as implementation of the EC directives containing provisions on the subject, by ECO Ceramica S.p.A. Via Don P.Borghi, 5 42013 S.Antonino di Casalgrande (RE) P.IVA 01673380356
3. Before proceeding to purchase the products provided by the Online Store, the User is required to read these Sale Terms and Conditions, which are generally and unequivocally considered accepted when the purchase is confirmed.
4. The User is invited to download and print a copy of the Order Form and these Sale Terms and Conditions, the terms of which Eco Ceramica reserves the right to change unilaterally and without any prior notice.
5. The products provided by the Online Shop and the related purchase services are available in the following languages: Italian, English
ART. 2 - SUBJECT MATTER
1. These Sale Terms and Conditions apply to the offer, forwarding, acceptance of purchase orders, delivery, refund and return terms of the products on the Online Shop, referred to in url: www.ecoceramica.com.
ART. 3 - PERFORMANCE OF THE CONTRACT
1. To successfully perform the purchase agreement, the User is requested to complete the purchase order electronically on the Online Shop: www.ecoceramica.com and transmit it as indicated in the procedure of the Online Shop (hereafter the "Purchase Order").
2. The Purchase Order contains the reference to the Sale Terms and Conditions, including the conditions for the right of withdrawal, the terms of delivery and the return condition of the purchased products, the name, size, code, and price of each product, the available methods of payment, the related shipping costs. The specific methods and timing of delivery are contained in a subsequent e-mail with an attached proforma in PDF format (hereinafter the "Proforma"), specifically elaborated by the Sales Department of Eco Ceramica, after the receipt of the Purchase Order, as processed by the Online Shop.
3. Before entering into the purchase agreement (hereinafter also the “Purchase Contract”), through the approval of the Purchase Order, the User will be asked to confirm the reading of the Sale Terms and Conditions, including the notice on the right of withdrawal and the processing of personal data.
4. The Purchase Contract is performed, when Eco Ceramica receives the Purchase Order duly completed by the User, save for verification of the correctness of the data contained therein.
5. The User, who became a buyer and a client after the sending of the Purchase Order (hereinafter also referred to as the "Customer"), will execute the payment of the price when the electronic procedure of forwarding of the Purchase Order is concluded. This will happen by clicking on the "Complete Purchase" button at the end of the wizard. 6. Once the Purchase Contract is electronically concluded, Eco Ceramica will take care of the Purchase Order for the related fulfillment.
ART. 4 - REGISTERED USERS
1. In completing the registration procedures for the creation of the account or for the purchase in guest mode without creating accounts, the User undertakes to follow the indications on the Online Shop and to provide his personal data correctly and truthfully.
2. Once the User has registered for the creation of the account, the User will receive a confirmation email to the email address provided by you, containing a confirmation link of the registration email and your identity. This confirmation is necessary to continue the purchase procedure with the security of the protection of personal data.
3. The confirmation will exempt Eco Ceramica from any responsibility regarding the data provided by the User. The User undertakes to promptly inform Eco Ceramica of any change in its data communicated at any time, writing a detailed e-mail to privacy@ecoceramica.com.
4. If the User communicates incomplete or incorrect data, or in case of a dispute by the interested parties about the effected payments, Eco Ceramica will have the right to suspend the sale services until the related shortcomings and payments are regularized.
5. At the first request by the User for the creation of an account, www.ecoceramica.com will attribute a username and password. The User acknowledges that these identification credentials constitute the system to access to the purchase and sales services and the only system suitable to identify the User, therefore the acts carried out through this access will be attributed to the User and will have binding effect.
6. The User undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.
ART. 5 - PRODUCT AVAILABILITY
1. The awvailability of the products refers to the actual availability at the time the User places the order. This availability must be considered indicative as, due to the simultaneous presence on the Site of several Users, the products could also be sold to other Users before the order is confirmed.
2. Following the sending of the confirmation e-mail and the Purchase Order, there may be cases of partial or total unavailability of the goods. In this case, the Purchase Order will be rectified and the User will be informed by e-mail from the sales department with the elaboration of a new Proforma to be approved in written form by e-mail by the User.
3. Due to incongruity between the new Proforma and the Purchase Order, the User will have the right to request the cancellation of the order.
4. In case the User requests the cancellation of the order for inconsistency of the Proforma with the Purchase Order, by terminating the purchase contract, Eco Ceramica undertakes to refund the paid amount within 14 days from the date on which Eco Ceramica received of the User's communication to terminate the contract, in writing by e-mail to the address customer@ecoceramica.com or any other company e-mail address, with which the User had e-mail exchange, in order to perfect the purchase process.
5. Refunds are made with the same payment method used by the User for the initial transaction, unless it has been expressly agreed otherwise, pursuant to art. 56 of the Consumer Code.
ART. 6 – OFFERED PRODUCTS
1. Eco Ceramica produces and sells floor and wall tiles, and other ceramic products and bathroom furnishing accessories.
2. The product offer is detailed on the Online Shop at the url: www.ecoceramica.com within the catalogs and product descriptions. The same and/ or additional information about the product can be found on the packaging of the products.
3. Some products, which are object of sale under this contract, are custom-made goods and fall within the category of exclusions referred to in art. 59 of the Consumer Code. Such products fall into the category of handcrafted, artistic tiles and handcrafted bathroom accessories, as indicated on the Online Store.
ART. 7 - PAYMENT METHODS AND PRICES
1. The price of the products will be the one indicated from time to time on the Online Shop, unless there is an evident error. Prices are expressed in Euro. The unit of measure is per square meter or piece.
2. In case of error, Eco Ceramica will notify the User as soon as possible, allowing the confirmation of the order with the amended, correct amount, or allowing to opt for the cancellation of the order. Eco Ceramica will not be obliged to supply the sold product at the lower price incorrectly indicated.
3. Online Shop prices are inclusive of VAT and do not include shipping expenses, which are added electronically by the Online Shop software at the time of order creation. Prices may change at any time. The changes do not affect those orders for which the Purchase Order has already been sent.
4. Once the desired products are selected, they will be added to the cart. Then, the User shall simply follow the instructions for the purchase, entering or verifying the required information in each step of the process.
5. Payment can be made via credit cards, in particular Visa and Mastercard.
ART. 8 - DELIVERY
1. Eco Ceramica carries out shipments throughout the national and international territory, at the delivery address indicated by the User in the Purchase Order.
2. The shipping expenses, without prejudice to specific promotional initiatives of Eco Ceramica, are borne by the User and are expressly highlighted when placing the order.
3. Upon receipt of the Purchase Order, the Sales Department of Eco Ceramica will confirm to the User within three working days, except for periods of corporate holidays or force majeure events, the date on which the products are ready for delivery. The delivery is usually carried out within 5-10 working days from the communication of the date on which the products are ready.
4. In some cases, the User may agree the delivery date and timing with the carrier. For this purpose, the User must indicate in advance the telephone number, at which, being contacted by the carrier. In case of absence from the appointment set and delivery failure, additional costs may apply. Delivery takes place, usually, on the ground floor. Any special delivery services are to be requested at the time of ordering and, if available, the User shall bear the additional related costs. The sales department of Eco Ceramica, when sending the Proforma confirming the Purchase Order, will indicate these costs, if such services are available.
5. If the delivery cannot take place, for reasons not attributable to Eco Ceramica, thirty days after the date on which the order is available for delivery, Eco Ceramica will assume that the User intends to terminate the contract, except for custom-made items ex art. 59 of the Consumer Code, and may arrange for the return of the goods.
6. As a result of the termination of the Purchase Contract, the amounts paid by the User will be reimbursed, pursuant to art. 56 of the Consumer Code, within 14 days from the date on which Eco Ceramica is informed of the decision to termination of the contract, except for the products referred to in art. 59 of the Consumer Code, as well as with the exception of any expenses, incurred by Eco Ceramica for the return delivery, referred to in the following art. 11.5, which will be deducted from the refund.
7. If the ordered items are returned, Eco Ceramica may nevertheless withhold the refund, until effective receiving of the goods subject to return and verification of conformity, pursuant to Art. 57 of the Consumer Code. The User is required to return the purchased items intact. The User is therefore responsible for any decrease in their value for a manipulation other than that necessary to control their nature. Eco Ceramica will process a refund corresponding to any decrease in value.
ART. 9 – RISK TRANSFER
1. The risks related to the products will be borne by the User, from the moment of receipt of the purchased items. The ownership of the products is deemed to have been acquired by the User as soon as Eco Ceramica has received full payment of all amounts due in relation to them, including shipping costs.
ART. 10 - COMMERCIAL GUARANTEE AND CONFORMITY
1. Pursuant to articles 130 and subsequent of the Consumer Code, Eco Ceramica is responsible for any defects in the products offered on the Online Shop, including the non-conformity of the items with the products ordered. In case of non-conformity, the User is entitled to receive, without charge, the restoration of conform goods, by replacement, save for the custom-made products referred to in art.59 of the Consumer Code. Custom-made handcrafted products have characteristics of non-uniformity, which constitute a distinctive and valuable element of the product. At the delivery of the products, the Customer is required to check: a) that the number of packages of delivery corresponds to the number indicated in the shipping documentation, b) that the packaging is intact, not damaged, nor wet or otherwise altered, even with regard to the closing materials (adhesive tape or metal ties) and does not present suspicious noises.
2. If the User has entered into the purchase agreement as a consumer, this warranty is valid, pursuant to art. 132 of the Consumer Code, provided that the lack of conformity occurs within 2 years from the date of delivery of the products, only if the product has been stored and not installed, and provided that the User submits a formal complaint regarding defects within a maximum of eight days from the date on which the defect was recognized by the latter, providing evidence with photos of the product and packaging and documents proving the order, as requested by the commercial office of Eco Ceramica. In order to receive warranty assistance, the Customer must keep the invoice, or payment receipt, together with the shipping documentation.
3. In case of non-conformity of the purchased item, the User, who entered into the contract as a consumer, will have the right to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriateprice reduction or the termination of thecontract, inrelation to the disputed goods, and the consequent return of the price, pursuant to art. 130 of the Consumer Code.
4. All the costs related to the restitution of defective products will be borne by Eco Ceramica.
ART. 11 - WITHDRAWAL
1. The User has the right to withdraw from the purchase agreement without any penalty and without specifying the reason, within 14 calendar days, pursuant to art. 52 of the Consumer Code, beginning from the date of receipt of the products, on which the User acquires physical possession of the purchased items. The Users who purchase with VAT number may not exercise the right of withdrawal.
2. In case of multiple purchases made by the User with only one order and delivered separately, the 14-days period shall run from the date of receipt of the last purchased items.
3. The User who intends to exercise the right of withdrawal shall communicate the decision to Eco Ceramica, by explicit declaration, which can be transmitted by PEC to: ecoceramicaspa@legalmail.it or by registered letter A/R at: Attention Administration - Via Don P.Borghi, 5, 42013 S.Antonino di Casalgrande (RE), Italy
4. The User may also exercise the right of withdrawal by sending an explicit declaration containing the decision to withdraw from the purchase agreement to the e-mail address of the sales department, with which the User had e-mail exchanges during the order confirmation phase, or at the address customer@ecoceramica.com, or alternatively transmit the withdrawal form, referred to in Annex I, Part B, D.Lgs 21/2014 not mandatory, downloadable at address https://www.agcm.it/dotcmsDOC/normativa/consumatore/allegato_dgs21_2014.pdf.
5. Further to the exercise of the right of withdrawal, the User must return the goods within 14 days from the date on which he can exercise this right, also from the date of receipt of the goods. Pursuant to Art.57 of the Consumer Code, the direct cost of returning the goods is borne by the User. The User can use the same conveyors used by Eco Ceramica and ask Eco Ceramica to book the collection of the goods, or he can choose an alternative means of return.
6. The goods must be returned intact, complete in all parts, including packaging and any related equipment (e.g. catalogues, labels, tags, seals) and complete with the attached tax documentation. Save for the right to verify compliance with the above, Eco Ceramica will refund the amount of the products subject to withdrawal within a maximum period of 14 days from the receipt of the same, pursuant to art. 56, 3) of the Consumer Code. The right of withdrawal may apply to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, accessories, changes in the quantity initially ordered).
7. Eco Ceramica will proceed to refund, after receipt of the goods and after having checked their conformity, pursuant to art. 56, 3) of the Consumer Code.
8. The right of withdrawal will not apply in the event that Eco Ceramica’s products are included in the categories of Article 59(c) of the Consumer Code.
9. Eco Ceramica will process the refund using the same means of payment chosen by the buyer at the time of purchase. In the case of payment made by bank transfer, if expressly requested, the User is requested to provide the bank details: IBAN, SWIFT and BIC necessary to execute the refund.
ART. 12 - DATA PROCESSING
1. By using the Online Shop, the User authorizes the processing of his/her personal data. This information notice also applies to article 13 of EU Regulation No 2016/679, concerning the protection of individuals with regard to the processing of personal data as well as the free movement of such data.
2. The data will be processed by Eco Ceramica S.p.A., Via Don. P.Borghi, 5, 42013 Casalgrande (RE).
3. The processing of data takes place exclusively electronically, through electronic and informatic tools, to ensure the security and confidentiality of the data. The filed information is protected from unauthorized access.
4. The data provided by the Users shall be treated in respect of purchase orders, payments (that may contain name, address, contact details), IP address, and of all other data communicated.
5. The purpose of treatment of such data is the execution of the Purchase Order and related payments, the communication of the same data to third parties, providers of payment, shipping services as well as contacts of informative nature, about the activities and services of the Site, commercial offers by Eco Ceramica.
6. The provision of data and consent to processing for the purposes referred to for the purposes of the Purchase Contract or the fulfillment of the order and the related payment is necessary for the conclusion itself as well as for the execution ofthe contract, therefore the refusal to provide such data or to give consent to the related processing has the consequence that the User is unable to purchase the products and services of the offer.
7. The provision of data and related consent to processing for commercial communications purposes is optional. However, any refusal to provide such data or to give consent to the related processing may result in the user being unable to receive such additional services.
8. The User has the right to have his data always up-to-date, rectified or integrated. The User has always the right to the deletion, transformation into anonymous form or the blocking of data, if processed in violation of the law, including those whose storage is not necessary in relation to the purposes, for which the data was collected or subsequently processed, the attestation that the operations have been brought to the attention , including as regards their content, of those to whom the data have been disclosed or disseminated, except where such fulfillment is proven impossible or involves the use of means manifestly disproportionate with respect to the protected right.
9.The User shall have the right to oppose, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if they are relevant for the purpose of collecting and processing personal data for the purpose of sending advertising material or direct sales or for the purposeof carrying out market research or commercial communication.
10. The User may also withdraw at any time the consent to the processing of his data previously given to Eco Ceramica.
11. All rights provided for in EU Regulation 2016/679 may be exercised by the User, writing to the following e-mail: privacy@ecoceramica.com as indicated in the Privacy on the Website www.ecoceramica.com.
12. While browsing the ww.ecoceramica.com website and the Online Shop www.ecoceramica.com, the User has the right to authorize the use of the identification codes so-called cookies, i.e. small files sent from his internet server and registerable on the hard disk of the user's computer.
13. Cookies are used for the purpose of preventing the User from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the type of browser of the User.
ART. 13 - SAFEGUARD CLAUSE
1. In the event that one of the clauses of these Sale Terms and Conditions is void for any reason, this will not affect the validity and compliance with the other provisions contained in these Sale Terms and Conditions.
ART. 14 - CONTACTS
1. Any request for information may be sent by e-mail to the following address customer@ecoceramica.com, by telephone at the following telephone number: +39 0536 991701, and by mail at the following address: Via Don P.Borghi, 5, 4213 Casalgrande (RE). ART. 15 - APPLICABLE LAW AND COMPETENT COURT 1. These Sale Terms and Conditions shall be governed by Italian law and interpreted on the basis of it, subject to any other mandatory rules prevailing in the buyer's country of habitual residence. Consequently, the interpretation, execution and resolution of these Sale Terms and Conditions are subject exclusively to Italian law.
2. Any disputes concerning and/or arising from them must be resolved exclusively by the Italian judicial authority. In particular, if the User is qualified as a consumer, any disputes must be resolved by the court of the User’s domicile or residence address, according to the applicable law. This is a courtesy translation and for any misunderstanding, the Italian version shall prevail. These conditions were drafted on 23/10/2020.