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Premises
The Company Proietto Michele with registered office in Via Della Repubblica 54 - 70025 Grumo Appula (BA), VAT no. 03537340725, (hereinafter also only the "Seller") sells heating, bathroom, garden and interior design products (hereinafter also only "Products").
These General Terms and Conditions of Sale apply to all sales of Products concluded through the sales channels made available by the Seller, including those concluded at a distance and/or online through the website "www.aziendaproietto.it" (hereinafter the "Site"). The general terms and conditions of sale set out below are governed in accordance with and in compliance with the relevant national and European regulations in force, including Legislative Decree no. 70/2003, Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the "Consumer Code"), European Directive no. 2011/83 EU on Consumer Rights and the provisions of the Civil Code for all that is not expressly provided for herein. (hereinafter, the "General Terms and Conditions of Sale" or "Terms and Conditions").
Definitions
The term "Customer" generally refers to the natural person or legal entity that purchases one or more Products offered by the Seller on its sales channels both for purposes unrelated to any entrepreneurial or professional activity carried out ("Consumer") and for purposes functional to its entrepreneurial or professional activity ("Professional").
Professional means the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary.
Consumer shall mean the natural person who, when purchasing Products, acts for purposes unrelated to any entrepreneurial or professional activity carried out.
Product shall mean any tangible movable goods, also to be assembled, marketed on the sales channels offered by the Seller. Purchase Order (or also "Order") means the document -in digital format- sent by the Customer to the Seller at the end of the purchase procedure. It is binding for the Customer, presupposes full knowledge of these General Terms and Conditions of Sale and their acceptance by the Customer, including the right of withdrawal and the Privacy Policy.
Purchase Order Confirmation ("Order Confirmation") means the email sent by the Seller to the Customer upon receipt of the Purchase Order and implies acceptance of the Purchase Order by the Seller.
Privacy Policy means the document contained in the Site by the same name that informs Customers on the processing of their personal data https://www.aziendaproietto.com/fr/content/7-aeu-legal-privacy.
Professional means the natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or its intermediary.
Consumer shall mean the natural person who, when purchasing Products, acts for purposes unrelated to any entrepreneurial or professional activity carried out.
Product shall mean any tangible movable goods, also to be assembled, marketed on the sales channels offered by the Seller. Purchase Order (or also "Order") means the document -in digital format- sent by the Customer to the Seller at the end of the purchase procedure. It is binding for the Customer, presupposes full knowledge of these General Terms and Conditions of Sale and their acceptance by the Customer, including the right of withdrawal and the Privacy Policy.
Purchase Order Confirmation ("Order Confirmation") means the email sent by the Seller to the Customer upon receipt of the Purchase Order and implies acceptance of the Purchase Order by the Seller.
Privacy Policy means the document contained in the Site by the same name that informs Customers on the processing of their personal data https://www.aziendaproietto.com/fr/content/7-aeu-legal-privacy.
1. Scope of application
1.1 These General Conditions govern the sale of the Products offered by the Seller to its Customers through the sales channels used by the latter. Before proceeding to the purchase of Products, the Customer is required to carefully read the General Conditions of Sale, made available to users in the specific section of the Site named "Terms and Conditions". The sending of the Purchase Order to the Seller, i.e. the purchase concluded by the Customer directly in store, presupposes the total and absolute knowledge of these General Terms and Conditions of Sale and implies their full acceptance by the Customer. If the Customer is a Consumer, once the on-line purchase procedure is concluded, he/she shall print or save an electronic copy and in any case keep these General Terms and Conditions of Sale, in compliance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance sales. The provisions of these General Terms and Conditions of Sale and of the Consumer Code (which is hereby expressly referred to) for the protection of the "consumer" shall apply exclusively to Customers classified as Consumers.
1.2 These Terms and Conditions of Sale may be amended by the Seller at any time. Any amendments shall be in force from the moment they are published on the Site in the "Terms and Conditions" section, which can be reached via the "COMPANY" menu in the footer of the Site. Before making any purchase, customers are invited to consult the most up-to-date version of these Terms and Conditions. In any event, the applicable Terms and Conditions of Sale are those in force on the date of transmission of the Purchase Order for a product by the Customer.
1.3 These General Terms and Conditions do not regulate the sale of products offered by parties other than the Seller, even if there is an explicit reference to such products on the Site by means of links, banners or other hypertext links. Therefore, the Customer is invited, before proceeding to place orders and/or purchase products and services from parties other than the Seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held liable for the supply of goods or services by third parties or that have been sold to the Customer by another supplier even by means of cross-references/hypertextual links/banners on the Site.
1.4 For information on the processing of the Customers' personal data, please refer to the content on the Site in the "Privacy Policy" area.
2. Conclusion of the Contract
2.1 In distance and on-line sales, in order to conclude the contract for the purchase of one or more Products, the Customer must place a Purchase Order for the Products. The contract is concluded when the Customer receives from the Seller, at the e-mail address indicated, the confirmation of the Purchase Order. The e-mail confirmation shall contain the date and time of execution of the order, the essential characteristics of each Product ordered, the price (including applicable taxes or duties), any shipping costs to be borne by the Customer and a "Customer Order Number", to be used for any further communication with the Seller, which shall also be indicated in the reason for payment by bank transfer.
2.2 By transmitting the Purchase Order, the Customer accepts and undertakes to observe, in its relations with the Seller, these General Conditions of Sale - including the information on the right of withdrawal referred to in Article 11 of these Conditions of Sale and any further information contained in the Site and in the "Privacy Policy" area.
2.3 The Seller reserves, in any event, the right not to accept Purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products.
2.4 If the Seller does not receive payment within 5 days after sending the e-mail confirming the Purchase Order, it will send the Customer a payment reminder e-mail. If, after a further 5 days following the sending of the reminder e-mail, the Seller does not receive the payment, the contract shall be deemed to have been rescinded.
3. Online Purchases via the Site
3.1 Purchase Orders may only be placed directly by the Customer, through the Site, by persons of legal age who are not legally incapacitated.
3.2 For purchases through the Site, in addition to what is set forth in Article 2 above, the Customer shall complete a purchase order by means of an order form in electronic format to be transmitted electronically to the Seller by following the instructions provided by the Site during the on-line purchase procedure; before concluding the purchase, the Customer has the right to correct any data entry errors. The Customer may register on the Site by entering the required data and creating access credentials. It is necessary to provide the Seller with a valid e-mail address in order to allow the Seller to send the Customer all the information relating to the purchase order as well as the communications envisaged by these General Terms and Conditions of Sale.
3.3 The Site registration credentials (e-mail address and password) must be used exclusively by the Customer and may not be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no one has access to them. The Seller shall in no case be liable for the improper or abusive use of the credentials even by third parties other than the Customer.
3.4 The Customer will find indicated on the Site for each product the "product sheet" containing the description and characteristics of the same, together with one or more representative images. The images and descriptions in each "product sheet" reproduce as faithfully as possible the characteristics of the Products but must always and in any case be understood as indicative. For the purposes of concluding the purchase, the Customer must consider as actual only the description of the Product contained in the purchase order and in the relevant confirmation e-mail sent by the Seller.
3.5 To view the selected Products and their total price, it is necessary to click on the shopping cart icon. It is recommended to verify the correctness of the contents of the shopping cart before confirming the Product Purchase Order. The Customer, when sending the Purchase Order, also confirms that he/she knows and accepts in full these General Terms and Conditions of Sale, to which reference is made via a link, including the information on the right of withdrawal referred to in Article 11 below and the Privacy Policy, which shall be deemed read, known and accepted in any case at the time the Order is transmitted.
3.6 The Customer may cancel the order peremptorily within and no later than 2 (two) hours from the sending of the order to the Seller by promptly notifying commerciale@aziendaproietto.com and contacting our operators at the number: 080 622071.
4. Prices of the Products
4.1 All Product prices are expressed in Euro and are inclusive of VAT. Any taxes, duties and duties applicable in the country of destination of the Products, where this is different from Italy, shall be borne by the Customer
4.2 The Seller reserves the right to change the prices of the Products at any time; any price changes shall not, however, be applied to Customers who have already submitted a Purchase Order to the Seller.
4.3 If a Product is offered through the Site at a discounted price, the full reference price against which the discount is calculated shall be indicated.
4.4 At the Seller's discretion, certain offers on the Products may be reserved, even temporarily, exclusively for purchases made through the sales channels indicated by the Seller from time to time (e.g., exclusively online sales through the Site, or in-store sales, etc.).
5. Delivery costs
5.1 Delivery costs are borne by the Customer and are specifically indicated in Euro and inclusive of VAT in the purchase order and in the confirmation e-mail sent to the Customer.
Delivery costs may vary in relation to the delivery method chosen and/or in relation to the payment method used and the quantity/weight of the products.
A surcharge may be envisaged for minor islands or inconvenient locations, which will be communicated by Customer Service once the order has been concluded.
6. Methods of payment and invoicing
6.1 Payment by the Customer may be made in Euro by one of the payment methods indicated on the Site and listed below:
Credit card: the confidential data of the credit card (card number, holder, expiry date, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access to and does not store the data of the credit card used by the Customer to pay for the Products, not even if the Customer saves the Credit Cards, except for the sole data relating to the card holder.
PayPal: payment of the Products purchased on the Site can be made through the PayPal payment solution. If the Customer chooses PayPal as the payment method, he/she is redirected to the site www.paypal.it where he/she can make the payment of the Products according to the procedure envisaged and regulated by PayPal and to the terms and conditions of the contract agreed by the Customer with PayPal. The personal data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the credit card connected to the Customer's PayPal account or the data of any other payment instrument connected to this account.
Bank transfer: during the purchase process, you can select bank transfer as the payment method. The IBAN to be used to make the transfer is indicated on the invoice for the purchase order. Once the credit has been received, the goods can be duly dispatched.
7. Delivery of products
7.1 For any information regarding delivery, the Customer may contact the Seller, whose contact details are indicated in the "Support" area of the Site in the footer.
7.2 For the Seller, the obligation to deliver the goods is deemed fulfilled upon the transfer of the material availability of the goods to the party in charge of transport/shipping.
7.3 Before finalising the purchase, the estimated date of shipment of the Products will be indicated, which may vary depending on the geographical location of the Customer and the delivery method. In the event that the Purchase Order relates to more than one Product, for which different shipment times are envisaged, the estimated shipment date shall be deemed to be that relating to the item for which shipment is scheduled last.
7.4 The shipping terms shall run from the moment the Seller receives payment. Under no circumstances may the Customer ask the Seller to postpone the date of shipment of the purchased goods.
7.5 The purchased Products shall be delivered by a courier chosen by the Seller, to the address indicated by the Customer in the purchase order, according to the costs and terms indicated during the purchase procedure. The delivery of the Products shall in any case take place "at home". The Customer may request to take advantage of the "Delivery Notice" service, which allows the Customer to know and opt in advance for the delivery time of the goods at an additional cost of 5 euros to be paid upon conclusion of the Purchase Order.
7.6 If the Order includes bulky items, these may be shipped on a pallet, which shall be delivered to the Customer together with the items; disposal of the pallet shall be at the Customer's expense.
7.7 If after three delivery attempts by the courier it has not been possible to deliver the goods to the addressee, the Seller will send an e-mail to the Customer to inform him that the product is in stock. From this moment, the Customer may collect the goods from the warehouse held within 10 days, after which the Seller shall be entitled to collect the product by returning to the Customer the sum paid by the latter for the purchase, with the exception of shipping costs, which shall in any case be borne by the Customer.
7.8 The Seller shall not be liable for non-delivery or delayed delivery due to force majeure, such as, by way of example, strikes, public authority measures, rationing or shortages of energy or raw materials, transport difficulties, fires, floods, heavy snowfall, flooding and damage to industrial machinery not depending on the Seller. The Seller shall notify the Customer of the occurrence of force majeure as soon as it becomes aware of it.
7.9 The Customer's choice of courier is excluded. In the event of loss/damage of the Products due to causes not attributable to the Seller if the Customer is a Consumer, Article 63 paragraph 1 of the Consumer Code shall apply.
8. Conformity of the Products
8.1 It is the Customer's responsibility to verify the conditions of the Products delivered. It is the Customer's responsibility, at the time of delivery of the goods, to check that the packaging is intact, undamaged or in any case altered, including the sealing materials (so-called "quality check"). Any damage and/or alteration to the packaging must be immediately reported to the courier making the delivery and, in this case, the Customer has the right to accept the goods with a "cautious reserve" to be written in the courier's delivery note: e.g.: "box with holes in the side", "open box without customised tape", "damaged box", etc. Under no circumstances may the Customer verify the integrity of the Products contained in the packaging in the presence of the courier at the time of delivery, without prejudice to the Customer's right to "accept with reserve".
8.2 If the Product has been damaged during transport, the Customer must notify the Seller by e-mail within the following 24 hours, detailing the damage that the Product has suffered. Furthermore, in order to take advantage of the insurance included in the price, any damage must be reported within a maximum of 24 h from receipt of the goods to info@aziendaproietto.com, or by telephone 080 622071.
9. Conformity defects
9.1 The Products must be inspected by the Customer in order to ascertain that they correspond to the items ordered and that they do not have any defects or other conformity defects.
9.2 In the event of a conformity defect, the Customer shall be entitled to have the conformity of the goods restored free of charge by repair or replacement, or to an appropriate reduction in price, or to terminate the contract.
9.3 The legal guarantee of conformity of the goods, provided for by Articles 128 et seq. of the Consumer Code, is equal to 24 months: the Consumer forfeits this right if he does not report the conformity defect to the Seller within 2 (two) months from the date on which he discovered the defect. For customers who do not fall into the category of 'consumer', the legal guarantees provided for by Italian law and by Article 1490 et seq. of the Civil Code are applicable. The lack of conformity of the product must be reported to the Seller by calling 080 622071. It is also recommended that any evident signs of tampering or alteration of the packaging be reported to the above-mentioned address.
10. Right of withdrawal for the Consumer
10.1 If the Customer is also a Consumer, they may exercise the right of withdrawal without any penalty and without specifying the reason by returning to the Seller all or part of the purchased Products within 14 days from the date of receipt of the goods or, in the case of multiple goods ordered by the Customer in a single order and delivered separately, from the day the Customer receives the last ordered product.
10.2 The Customer can refer to the "Shipping & Returns" page.
10.3 In order for the return to be accepted by the Seller, the Products must be returned within the strict deadline of 14 (fourteen) days from the date on which the Customer has notified the Seller of their intention to return, complying with all the conditions listed below: - The Products must be returned complete with all original packaging (boxes, accessories, tags, protections, etc.); - The Products must be accompanied by the purchase receipt; - The Products returned by the Customer must not have been opened, used, or damaged, but they may have been handled and inspected to determine their nature and characteristics; - Any damaged Products subject to return must be returned in the same condition as received by the Customer, without the Customer making any modifications, manipulations, or attempts at repair.
10.4 In the event of withdrawal, all payments made by the Customer to the Seller are refunded, according to the chosen payment methods for the purchase, except for the following expenses that remain the responsibility of the Customer: - initial expenses possibly incurred for the shipment of the Purchase Order; - expenses related to the return of the goods. In the case of withdrawal, the shipping costs are borne by the Customer. The refund will be made, without undue delay, within 14 days from the receipt of the returned Products and after verifying their integrity by the Seller. The shipment, until the Seller receives confirmation of receipt, is the responsibility and risk of the Customer. In the case of cash on delivery payment, the Customer must provide the IBAN to which the incurred purchase costs should be refunded.
10.5 In the event of damage to the goods during transport for the return, the Seller, upon discovering the damage, will notify the Customer of the incident (within five working days from the receipt of the product in their warehouses), to allow the Customer to promptly file a complaint with the chosen courier and obtain reimbursement of the value of the product (if insured by the Customer). The Seller is not liable for damages, theft, or loss of products returned with uninsured shipments at the expense and risk of the Customer.
10.6 The right of withdrawal lapses in the event of a substantial lack of integrity of the returned goods, including but not limited to: - absence of the external packaging and/or original internal packaging; - absence of integral elements of the product (accessories, cables, manuals, parts, etc.); - damage to the product; - abnormal state of preservation. In the event of the Customer's lapse from the right of withdrawal, the Seller will arrange for the return of the purchased product to the Customer, charging them for the shipping costs.
10.7 The provisions on the right of withdrawal provided by the Consumer Code apply exclusively for the protection of the Consumer and therefore do not apply to other categories of customers, for whom such right is expressly excluded.
11. Limitations and Liability
Without prejudice to the provisions above, for the cases expressly regulated below:
11.1 The Seller is not responsible for delays in the delivery of the Products offered for sale due to insufficient stock from their suppliers.
11.2 To the extent permitted by law, the Seller disclaims any liability if the delivered Products do not comply (in whole or in part) with the legislation of a country other than Italy, where the delivery takes place.
11.3 The Seller is also not responsible for non-substantial differences between the purchased Products and their illustrative images and textual descriptions published on the Website.
11.4 Except in cases of willful misconduct or gross negligence, the Seller shall be liable only for any direct and foreseeable damages at the time of the purchase of their Products. Therefore, the Seller assumes no responsibility for indirect damages or other types of damage or costs, including but not limited to any losses suffered, loss of profit, or any other damage that is not a direct and immediate consequence of their contractual non-compliance or that were not foreseeable at the time of the purchase of the Products.
11.5 The Seller is not responsible for fulfilling the obligations of third parties (other than the Seller) who may offer commercial warranties in relation to their products offered for sale on the Website or in the Seller's stores.
12. Privacy
12.1 The Customer can always obtain information on how the Seller handles their personal data by accessing the "Privacy Policy" section available on the Website at the following link: https://www.aziendaproietto.com/en/content/7-aeu-legal-privacy