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GENERAL CONDITIONS OF SALE
1.-Preamble
The following general conditions of sale define the modalities and conditions of sale of the products included in the electronic catalogue accessible through the website www.homedecor.it
The site www.homedecor.it belongs to the firm Home decorazioni d’interni of Stefano Minelli, with seat in Bologna (Italy), Via San Giuseppe 3/abc, enrolled on the Register of the Enterprises of Bologna no. 02298421203 (hereinafter Home), which manages and organizes the sale of the marketed products.
Home might be obliged to modify some of the following conditions. It is therefore advised that clients read the general conditions of sale upon every consultation of the site www.homedecor.it. The new general conditions of sale will be considered effective as from the publication date on the site.
2.- Our commercial policy
Our web sale channel www.homedecor.it is exclusively addressed to those users that are final consumers, that means to any natural person that acts on www.homedecor.it. with purposes not linked to his/her own commercial, entrepreneurial or professional, activity which he/she might exercise. The user, who cannot be considered a final consumer, will have to refrain from concluding commercial transactions on www.homedecor.it. In this respect, Home reserves the right not to execute the orders that are not compliant with its own commercial policy. In addition to that, it is to be underlined that only those who are of age are entitled to access the purchase through our sale channel.
The user who does not fully agree with the general conditions of sale here indicated is invited to refrain from sending the order form for the purchase of products on www.homedecor.it.
3.- Products sold and their features
Clients can buy only products included in the electronic catalogue of Home, accessible on the website www.homedecor.it., at the moment when the purchase order is sent.
Through the website are sold exclusively luxury and first quality products. Home does not sell second-hand, irregular products or of a quality below the correspondent standards offered on the market.
The products are offered for sale according to the description contained in the electronic catalogue. The essential features of the products are described in each of the product file. However, the images and colors of the products offered for sale could not correspond to the real ones due to the internet browser and to the screen used.
Every marketed product is entirely craft made, manufactured in Italy and on a small scale. Due to the nature of the materials used and for the craft made character that distinguishes the production, incidental small imperfections have to be considered signs of value and uniqueness of the product.
4.- Modalities of purchase
The purchase of products is easy and safe. The prices indicated in our catalogue are always to be considered VAT included. Home reserves the right to modify the prices of sale at any moment, but in any case not after the sale contract has been concluded.
The delivery charge and the cost of customs duties and taxes that might be applied by countries where the products have to be delivered, which are to be paid by the client, are not included in the price showed on the on line catalogue. These expenses and costs are communicated to the client in the pro-forma order form. In order to buy the products marketed on the site www.homedecor.it. it is necessary to proceed in the following way:
a) The client has to request to Home an estimate through the form created in advance and which is to be found on the site www.homedecor.it. Each request for an estimate will be accepted only if it is complete with respect to the details requested, and to the authorization to treat personal data according to Legislative Decree n. 196 of 30 June 2003. Home will reply to the client by e-mail sending a pro-forma order in which are summarized the details given by the client in the request of estimate; are repeated the prices of the products that the client intends to buy; are described in detail the expenses of dispatch including the costs of customs duties and taxes that might be due in the countries of destination; time of delivery.
b) Afterwards, the client who intends to execute the order, and therefore to conclude the contract of purchase, will have to send the order to Home through a link appearing on the e-mail of the pro-forma order. Before proceeding with the purchase of the products, though the transmission of the order form, the client will be asked to read attentively the general conditions of sale and to accept their content. The client who intends to correct possible mistakes contained in his request of estimate and therefore in the pro-forma order sent by e-mail by Home, has to simply ask for another estimate. The client who does not intend to proceed with the purchase will simply have to abstain from sending the order to Home. If Home receives the order, will send to the client the confirmation of the order received by electronic mail with the bank details to be used for the bank transfer. When the client receives the e-mail with the confirmation of the order, the contract is considered concluded. The confirmation of the order sent to the client is to be considered binding and therefore Home does not accept variations or modifications to an order which has been confirmed. Home will have the power, however, not to execute an order of purchase if the products are unavailable. In these cases Home will inform of the unavailability of the products in good time by e-mail and in any case no later than 30 (thirty) days starting on the day after that when the order was received, and will refund the amounts already paid by the client and the contract will be considered rescinded by law. The client, once concluded the purchase procedure, is requested to print or save a copy of these general conditions of sale.
c) Ultimately, the client will have to execute the payment of the entire amount indicated on the confirmation of order. The payment will have to be performed in euro to Home exclusively through a bank transfer within 7 (seven) working days from the receipt of the order confirmation, indicating the number of the order confirmation. For accelerating the execution of the order the client is invited to communicate to commerciale@homedecor.it the CRO number. In the case that Home will not receive the payment within 7 (seven) working days from the conclusion of the contract, the order will be automatically annulled.
5.- Delivery and verification
The delivery of the products purchased on the site www.homedecor.it is performed through express carrier to the address indicated by the client on the request of estimate. The expenses of delivery are to be paid by the client. The time of delivery might depend on the type of merchandise and on the address of destination. They are at any rate communicated to the client on the pro-forma order and therefore before the conclusion of the purchase contract. The delivery is performed subject to a telephone notice of the carrier (at the number indicated by the client in the estimate requested from Home and therefore on the pro-forma order) and is performed by the carrier at the floor corresponding to the street.
In the case that the products are not delivered, they remain unclaimed at the disposal of the client for a maximum of 7 (seven) working days. If the products which remained unclaimed in the warehouse of the carrier are not withdrawn within 7 (seven) working days, due to a reiterated impossibility to deliver at the address indicated by the client at the moment of the order, the products will be returned to Home which will withhold, as a compensation for damages, 30% of the price paid by the client and the transport expenses.
At the moment the products are delivered by the carrier the client has to verify: that the number of items delivered corresponds to what is indicated on the transport document, that the package is integral, neither damaged nor altered. External damages or not correspondence between the number of items and the ones mentioned in the transport document have to be notified immediately to the carrier performing the delivery, who will deliver a document on which is indicated the withdrawal with reservation and the extent of the damages of the manufacture.
Even if the manufacture is integral, the merchandise will have to be verified within 8 (eight) days from their receipt. Damages and hidden anomalies will have to be signaled in writing by means of a recommended letter with return receipt to Home decorazione d’interni, Via San Giuseppe 3/abc 40121 Bologna, Italy, pre-announcing by e-mail to commerciale@homedecor.it, indicating the order number, code and quantity of items if products are returned partially.
Any notification given after the aforementioned terms will not be taken into consideration.
6.- Guarantee
Products sold by Home are guaranteed for 24 (twenty four) months against fault of conformity (art. 132 of Legislative Decree n. 206 of 6 September 2005, called consumption code). For the application of the guarantee it is necessary that the client keeps the correspondent invoice as an evidence of the purchase.
The guarantee is applied to the product which shows faults of conformity (arts. 129 of the Consumption Code) existing at the moment the products are delivered, under the condition that the product has been used correctly and with due diligence, that means respecting its destination of use.
Home will restore the conformity by repairing or replacing the product without expenses for the client.
If, after the technical intervention, the fault declared by the client will turn out not to be a conformity fault according to the Consumption Code, the costs of verification, restoration and transport will be charged to the client.
The client is charged to send the product for the guarantee assistance. Indications for the dispatch will be communicated to the client by Home.
No damage can be requested to Home for the delay in performing the reparations and/or replacements.
The rights according to article 128-135 of Legislative Decree n. 206/200 (Consumption Code) are acknowledged to the consumer.
7.- Right of withdrawal
Our client has to feel fully satisfied of the choice done.
Our client has therefore the right to withdraw from the contract of sale/purchase which has been concluded without any penalty and without specifying the reason.
Such a right will have to be exercised no later than 10 (ten) working days from the receipt of the products and by means of their return to the following address, according to art. 64, third paragraph, of Legislative Decree 206/2005 Consumption Code (for the respect of the time limit it is taken into account the postal stamp): Home decorazione d’interni Via San Giuseppe 3/abc 40121 BOLOGNA, pre-announcing the return of the products by e-mail to commerciale@homedecor.it, and indicating the number of order, code and quantity of items if the products are partially returned. Returned products will not be accepted unless expressly authorized by Home.
The products will have to be returned to Home in their original manufacture, well kept and integral in all their parts, including the packaging. The products have to be integral and undamaged, without cuts or signs of wear and tear as a consequence of their use. The right of withdrawal cannot be validly exercised by the client if the returned product (including its package and manufacture) is not substantially integral. Once verified the fulfillment of the above conditions, Home will entirely return the amounts already paid for the purchase of the products, after deduction of the costs of dispatch and customs duties for the delivery of the purchased products. The refund will be performed by means of a bank transfer no later than 30 (thirty) days from the receipt of the returned merchandise.
In the event that the addressee of the products indicated on the order form does not correspond to the person who has performed the payment of the price of the products, the refund of the price in case of a withdrawal from the contract, will be performed by Home at any rate on the bank account of the person who performed the payment.
The expenses of dispatch for the return of the products, according to art 67, third paragraph, of Legislative Decree 206/2005 Consumption Code, are to be charged to the client, including the responsibility in the case of loss or damage of the products.
8.- Privacy
The client will be able to obtain information on how we treat his/her personal data by acceding from the site www.homedecor.it to the section concerning the privacy.
It is mandatory, at the moment when the request of estimate and the order form is sent, to accept the conditions concerning the treatment of personal data.
9.- Applicable law
These general conditions of sale are governed by the Italian law and in particular by Legislative Decree of 6 September 2005 no. 205 (called Consumption Code) in the domain of distance contracts and by Legislative Decree of 9 April 2003, no. 70, on certain aspects concerning the electronic commerce.
The sale contract between client and Home is governed only by the Italian law, excluding the application of conflict of law rules.
10.- Contractual modifications
These general conditions of sale cannot be modified without the written consent of Home.
The nullity of any of the provisions of this contract will not impair the validity of the contract in its entirety.
11.- Language
This contract is written in Italian language.
A version of the present contract, translated into English, is published on the site www.homedecor.it only for information purposes and for a better understanding between parties. For any purpose, the official text valid and binding between the parties is the one written in Italian.
12.-Arbitration agreement
Any controversy which might derive with respect to purchase contracts on the site www.homedecor.it will be subject to a tentative composition through a settlement, based on the conciliation procedure of the Chamber of Commerce of Bologna, or based on the procedure of any other conciliation body enrolled in the special register kept by the Ministry of Justice of the Italian State, chosen upon express and agreed request of the parties.
Any controversy not solved through a settlement, within 60 days from the commencement of this procedure or from a different period that the parties might have agreed in writing, will be solved definitively by an arbitrator, chosen, upon request of one of the parties, by the President of the Tribunal of Bologna.
The arbiter will decide, according to law, observing with respect to the procedure and the judgment the imperative provisions of the Procedural Code and will decide also on the expenses.
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