GENERAL SALES CONDITIONS
Offer and selling of products on [shop.bertoliarredamenti.it] are regulated by the following General Sales Conditions (hereinafter GSC). The products purchased on [shop.bertoliarredamenti.it] are sold directly by the company QUALITA’ E COMPETENZA SRL, hereinafter also known as the “Supplier”, VAT number 02593330364. The headquarters of QUALITA’ E COMPETENZA SRL are located at Via Emilia Est, 1428 Modena (MO), 41126 – Italy. Find further Company information on “Contacts“.
1. ONLINE SELLING CONTRACT
1.1 Contract subject: products sold are shown and described in detail on [eenterior.com]. The service consists of delivery chosen products to the Customer’s (or even “Client” or “Purchaser”) given location by specialized couriers.
1.2 Contract submitted will be effective only after the order confirmation by the Supplier. The Supplier reserves the right to accept or reject the orders received; in reference to orders not accepted by the Supplier, the Client cannot claim any rights or damages from the Supplier. Should an order not be accepted, and payment has already been undertaken by means of credit card, the Supplier will immediately return the amount received to the Client.
1.3 The online selling contract between Customer and Supplier is ruled by Italian law.
1.4 By filling in the electronic order form, Customer submit to all General Selling Terms and Conditions present on these pages.
1.5 In case Customer do not submit to all General Selling Conditions reported, it is advised to not forward the order form but contact the Customer Assistance for information.
1.6 Delivery time is approximate and it is not – binding. No refunds for direct or indirect damages can be required because of missed or delayed deliveries.
2. CONCLUSION OF CONTRACT
2.2 Once registration is complete, Customer will be able to submit the order to the Supplier. Please do not hesitate to contact the Customer assistance for clarifications about the purchase procedure.
2.3 Buying contract will be completed when QUALITA’ E COMPETENZA receives the properly completed order form and payment. After submitting the order, Customer will receive automatically his/her order summary in detail to the email address indicated in the order form. A final order confirmation will be sent to the Customer within 72 working hours (3 days) from the order submitting. In case of payment by bank transfer, order will be confirmed only after payment receiving.
2.4 In the rare circumstance where a product chosen by the purchaser is no longer available at the time of the order, the Supplier will proceed to the reimbursement of amount already paid.
2.5 Before submitting the electronic order, Customer should read and take note of these GSC. By the way, the Supplier suggests to print and keep these pages, in compliance with art. 53 DLgs n. 206/2005.
2.6 The production of the order will start after receiving the full or down payment. The Supplier is at customer disposal for any possible order changes, as long as the production has not started yet. Though please remind these are not always guaranteed and they will be authorized according to the progress of the production process. Invoicing data inserted during the ordering process can be modified until the issue of the invoice itself.
2.7 Buying contract will be registered and filed in the QUALITA’ E COMPETENZA electronic database that are open to be consulted by the Customer.
Prices shown on [shop.bertoliarredamenti.it] are stated in EURO (EUR) and VAT included for Countries in the European Union. The Supplier reserves the right to change prices at any time. Anyway, changes of prices do not apply to any orders that have already been forwarded. Special offers, sales, promotions on selling prices will be applied only if order and the payment are properly received by the Supplier within the expire date of the offer campaign.
All products photos are taken by professional cameras that furnish to the Customer a high quality of products details. However, the perception of colors from Customer could depend on his display resolution and it is also subjective. As a result, claims about tones and shades of colors will not be accepted by the Supplier.
5. MEASUREMENTS AND DIMENSIONS
Concerning with dimensions of stuffing furniture (sofa, armchairs, beds) indicated on our online catalogue, they could vary of +/- 2/3 CM since these products are made of elastic materials. As a result, Supplier will not accept claims about.
6. METHOD OF PAYMENT
Full payment is required to submit the order to the Supplier. Payment can be done by credit card, bank transfer (follow our bank details on “Contacts”) or PayPal. PayPal is the most widespread and easiest system for online payments. You can use all common credit cards like Visa, MasterCard. Payments with PayPal are easy, quick and safe. QUALITA’ E COMPETENZA does not display any of your data since all payments are handled exclusively on PayPal VeriSign safe servers. Important: please always be sure than the Shipping Address written on PayPal is the same as the one written at the moment of the order on [shop.bertoliarredamenti.it].
7. SHIPPING AND DELIVERY
The Supplier includes with the shipment to Customer an invoice shown goods delivered. 7.1 For deliveries, the Supplier uses the services of furniture specialized carriers, who guarantee quality, precision and speed in delivery; all products travel covered by an All Risk insurance. The carrier will then contact Customer by telephone (normally one day before delivery) to inform him/her of the delivery time range and date, from Monday to Friday (it is important, while registering, to add a mobile phone number which can be easily reached). Deliveries are not “on appointment”: the Customer’s availability is taken into consideration in line with the carrier’s delivery plan.
7.2 Deliveries take place exclusively at ground floor (curbside delivery) outside the building or entrance gates. Customers have to help the driver unload the packages from the truck; according to the dimensions and weight of the purchased products, Customer is asked to put at disposal other people at the moment of delivery. Among the “Additional Information” inside the product cards Customer can find the number of packages as well as weight of the single items. The carriers do not deliver supplies inside apartments, houses or at upper floors. QUALITA’ E COMPETENZA SRL is responsible for goods until the delivery to Customer. Find more on link “Shipment and Delivery”.
7.3 It is also possible to pick up the supplies directly at QUALITA’ E COMPETENZA warehouse from Monday to Friday (from 9:00 AM till 12:30 AM – from 15:00 PM till 19:00 PM) in Via Emilia Est, 1428 Modena – Italy. By selecting Picking up at Warehouse, returns and replacements have to be carried out directly at the Supplier headquarters. If Customer wish to send a carrier of his choice to pick up the supply, QUALITA’ E COMPETENZA strongly advice against the use of non specialized carriers.
8. SHIPPING COSTS
8.1 Shipping Costs are calculated according to destination and volume/weight of the products in the Quote; the minimum calculated volume is 1 cubic meter.
8.2 The Supplier will not be liable for a failed or late delivery due to reasons of force majeure, such as – strikes, rulings by Public Authorities, rationing or absence of electricity or raw materials, difficulties in transport, fires, floods, and damages to industrial machinery. In this case, the Producer will notify the Client immediately of the onset of the situation leading to a cause of force majeure. Should this situation persist for a periodexceeding 30 (thirty) days, either of the parties has the right to withdraw from the contract (see point 10 below ). In the case of withdrawal for the said reason, the Client cannot claim damages or compensation for any reason, with the right of the return of any amount already paid at the time of order remaining firm. Find more on link “Shipping and Delivery”.
9. DELIVERY TIME
9.1 For each product card Customer can find the approximate number of weeks needed for production, calculated according to the average production times of that specific collection. Production times are calculated starting from the reception of the payment and they have to be considered as an estimate calculated on previously supplied data: the Supplier is constantly working to fulfill the times shown but at the same time He do not take responsibility for delays that do not depend on His procedures (production process, carrier delivery and holiday delays). All production processes and deliveries planned next to Christmas or Summer holidays can be delayed due to the closing periods of both our logistic department and manufacturing companies. Delivery time to the Customer is based on sum between production time (generally 3-8 weeks) and shipping time by courier ( 2-10 days for Italy) which depends on final destination, shipping time to Europe (4-15 days). For EU and Extra EU deliveries Customer is asked to contact the Customer Care by email to require an estimate on the delivery and the best delivery price.
9.2 Considering the nature of the products to be packaged or bought specially for the Customer, a further term of an eventual production delay must be taken into consideration from the Customer due to the above said circumstances. The Supplier undertakes to fulfill the delivery of goods within 30 days respect to the term indicated on [shop.bertoliarredamenti.it] calculated by summing the production and the delivery time. After this term, Customer could terminate the buying contract without penalty and QUALITA’ E COMPETENZA will proceed with the reimbursement of the amount already paid by the Customer.
9.3 The Supplier’s Customer Service is at Customer disposal for information about the order status.
9.4 Within the 30 days term mentioned to the point above, Supplier could informed Customer about possible delivery delays. If Customer agrees to wait for it at that time, he will not then allow to terminate the contract earlier than others 30 days.
9.5 QUALITA’ E COMPETENZA works constantly to guarantee delivery on time trying even to anticipate it; Supplier suggests to check delivery times indicated on product cards and section “Shipment and Delivery” concerning with average availability times and contact the Customer Service before proceeding with the purchase if delivery time is decisive for order submitting. The Supplier specifies that productions and deliveries planned before Christmas and Summer Holidays could be affected by significant delays due to the contingency of the period.
10. RIGHT OF WITHDRAWAL
10.1 The Supplier applies the regulation “Consumer Code”, for everything concerning the terms and conditions that discipline the right of withdrawal in favour of the Consumer. This article conforms to the information obligations as per art. 52, paragraph 1, lett. (f) and (g) of the same Consumer Code. Customer has the right to terminate any kind of distance contract without penalties within a 10 days period starting from the delivery day. However, Customer can not exercise his/her right of withdrawal on “non-prefabricated goods made on the basis of an individual choice of or decision by the consumer” (Directive 2011/83/UE of the European Parliament) and on “custom-made or clearly customized products” (art. 59 Legislative Decree 21/2014): due to the highly customizable nature of our collections and to the manufacturing processes of QUALITA’ E COMPETENZA suppliers, which are mainly made upon commission, the majority of the products in our catalogue belongs to this category, for more information please contact our Customer Care before the purchase or before the putting into production of the order.
10.2 To exercise the right of withdrawal, the Consumer must send an appropriate written notification within 10 (ten) working days from the delivery date. Notification must be peremptorily forwarded by Registered mail with return receipt and can be forwarded initially to Client Services by fax or e-mail, to the addresses indicated in “Contacts”. Motivation of withdrawal is appreciated.
10.3 It is necessary that the returned goods must be intact, or rather, they must not be used. The letter of withdrawal must be sent to: QUALITA’ E COMPETENZA srl Via Emilia Est, 1428 – 61126 Loc. Fossalta – Modena – Italy. The goods for which the right to withdraw is exercised, must be returned to the same address above. The return of the saidgoods must be undertaken within and no later than 30 (thirty) working days from the time of the initial delivery of the goods themselves.
10.4 The returned goods must be packaged in such a way as not to be damaged during transport, be presented in a normal state of conservation and with all the accessories shipped initially. Client must also enclose the sales document (delivery note and/or invoice) furnished with the initial delivery, to allow the Supplier to identify the relative sale.
10.5 After checking the integrity of goods received back from Customer, QUALITA’ E COMPETENZA will refund the entire amount of the order by bank transfer on Customer account within 15 days. Delivery expenses for returns are at customer’s charge.
11. REPLACEMENT AND ASSISTANCE
11. 1 Replacement of goods is for free only if anomalies (such us damaged/wet/missing packages) find out are indicated on the shipment document as “collected conditionally for …” specifying always and in any case the motivation. By the way, notifications concerning damaged packages must be sent out the same day of goods delivery (the day after maximum ) to the Customer Care email address. Find more information on “Procedure for the Reception and Verification of the products“. Customer are bound to follow every step of the above mentioned procedure in order to receive the best assistance from QUALITA’ E COMPETENZA Customer Care resulting completely covered both in case of manufacturing defects and transport damages (which are not frequent but at the same time neither impossible). In case a Customer does not follow all the steps stated in the procedure, it may not be possible to properly assign the responsibility regarding the specific issue. In some cases the Customer can be asked to contribute to the possible replacement costs; QUALITA’ E COMPETENZA always works with the satisfaction of its customers in mind, reserving the right to consider each case singularly.
11. 2 Any disputes concerning the reception of goods that are damaged, defective or not in conformity with the order must be notified to the Supplier’s customer assistance ([email protected]) enclosing adequate photographic documentation, within and no later than 48 h (two) working days from reception of the items. As far as concerned “Hidden defects”, Customer must notify them to the Customer Care within and no later than 2 months since they have been found but during the warranty period (Art. 132 of the Consumer Code).
11.3 The replacement of damaged or faulty parts requires slightly inferior or even the same times as the ones needed for production, since most of the products are custommade and delivery terms remain the same as well. The replacement process starts once the Supplier receive the photographic documentation. QUALITA’ E COMPETENZA works as quickly as possible in order to reduce waiting times. Therefore, notifications concerning damaged packages must be sent out the same day of goods delivery (the day after maximum) to the customer care at the address stated above in point 11.2.
12. 1 All products will be delivered with a regular Shipping invoice, valid for a 24 months warranty on all manufacturing defects, according to the Italian Consumers Code; “Outlet” products are an exception; products coming from the Supplier’s Showroom will have a warranty of 12 months, valid for all non aesthetic defects, since according to law they belong to the “Used Products” category.
12.2 Products have to be used properly, in compliance with their destination of usage and maintenance: packages have always to contain a product card with related indications; should it not be present, customers have the responsibility to contact our Customer Care.
12.3 At goods receiving time, Supplier strongly suggests to the customer to follow the “Procedure for the Reception and Verification of the products”. QUALITA’ E COMPETENZA constantly works to operate in the fastest way possible: at the same time He has to refer to His suppliers according to their producing and managing terms. In case the replacement or repairing of a product (or part of it) requires the return of the damaged piece, customers have the responsibility to adequately pack the elements to be returned to avoid further damages and to pay for the return of the product; costs related to repairing (for materials and labor) and the costs of shipping back the product will be charged to QUALITA’ E COMPETENZA.
12.4 The Supplier is entitled to exclude any warranty if the defect is due to negligence in use, inexperience, imprudence of customer.
12.5 In the last few years the increasing extension of warranty times both in advertising campaigns and in business trading, has created unreal length expectations from customers, in contrast with the product real potential. These unreal warranty lengths often hide many limitations which devalue the product warranty, and they are offered on products with an average, or even much shorter life-span than the warranty itself. On the contrary, QUALITA’ E COMPETENZA believes in the real value of warranties, which represent a real protection for customers on collections designed and produced to enjoy a much longer average life than the specified terms.
13. APPLICABLE LAW
These GSC are regulated by the Italian law and in particular by the legislative decree of 6 September 2005 No. 206 of the Consumers Code that rules distant contracts and by the D. Lgs. of 9 April 2003 No. 70 concerning the e-commerce. This web-site is subject to the exclusive jurisdiction of the competent courts of Modena.
14. ADDRESS FOR COMMUNICATION
Customer will indicate the exact address for delivery in the order form. Any eventual changes about it, must be communicated quickly to the Supplier by email to the address stated above in point [11.2] Failing specific instructions, goods will be forwarded to the initial address given by the Customer.
QUALITA’ E COMPETENZA does not absolutely use personal data, collected through the registration to the website, for any future electronic communication activity, and at the same time will not release its customers’ personal data to third parties. All data are exclusively used to manage customers’ orders in the best way. This law concerns the treatment of personal data according to art. 13 of legislative decree 196/03 (namely Privacy Code) for all website users. The company in charge for the processing of personal data on this website is QUALITA’ E COMPETENZA s.r.l. via Emilia Est 1428 – Modena (MO) Italy. The processing of personal data connected with this website is treated by QUALITA’ E COMPENTEZA and by QUALITA’ E COMPETENZA employees. All personal data registered on www.shop.bertoliarredamenti.it will be exclusively used to supply the Supplier services and products and will be kept on the Supplier database until the customer will decide to cancel his/her account. All personal data are treated with automatic internet instruments and they’re merely used for the purpose they have been set for.