1. General regulations
The following General Conditions of Sale (hereinafter referred to as “Conditions”) are applied to the sale and purchase of the products distributed by Pacifici Mariano e figli s.r.l., Via Newton 9, Pero (MI), share capital f.p. €16.500,00, VAT and REA 03515030967 (hereinafter referred to as “Seller”) to any kind of user (hereinafter referred to as “Client”) which is buying through Seller’s website www.cementoitaliano.it.
Conditions are to be considered as acquainted by the Client and made part of order and sale agreement. Conditions may be amended by Seller from time to time and they become in effect at the time of their publication on the website. Conditions regulate all purchases made on www.cementoitaliano.it accordingly to the italian Part III, Title III, Chapter I of Lgs. D. 206/2005 and afterwards modified by Lgs. D. n. 21/2014 and by Lgs. D. 70/2003 on the subject of electronic commerce.
2. Subject of the Agreement
Accordingly to the Conditions, Seller is a provider of remote retail sales of physical goods offered and purchased by the Client through the websitewww.cementoitaliano.it. The agreement concludes itself only on the internet by Client’s access to www.cementoitaliano.it and the placement of an order accordingly to the online designed procedure.
Client undertakes to read and accept the Conditions before placing any order by checking the designed box. Client will be provided with a link in the order confirmation email and may download and archive a copy of the Conditions by clicking on it, accordingly to Lgs. D. 206/2005, art. 51, comma 1, afterwards modified by Lgs. D. 21/2014.
Seller offers for sale products with handcrafted surface finish. These products are completely handmade and build by order. Every product is made with designed procedures and methods but it’s still a one-of-a-kind product. No complaint regarding differences between the picture on www.cementoitaliano.it and the real product will be accepted. Color variations and/or chippings are part of the product although they do not appear in online pictures, because the result of blending oxides is peculiar in every product. Please note that two products of the same design may be very different if ordered in different times.
3. Pre-agreement for consumer (Lgs. D. 206/2005 – Art. 49)
Client undertakes to read both Conditions and product information (provided in each product page) before agreement of sale’s conclusion. Before placing an order with mandatory payment and before the end of sale’s agreement, Client is considered well-informed about:
– grand total (including taxes, shipping and other costs)
– payment methods
– delivery dates
– terms, conditions and procedures for applying the right of withdrawal
– Client will be charged the returning shipping cost
– legal warranty of compliance for purchased goods
Client also undertakes these information about the Seller:
Pacifici Mariano e Figli s.r.l., Pero (20016) – Via Newton n. 9
Telephone +39 0291531670, Fax +39 02 33912057
e-mail email@example.com, certified email firstname.lastname@example.org
VAT and REA n. 03515030967
4. Agreement end and validity
Sale’s agreement may be considered as concluded with the order confirmation email send by Seller to Client. This confirmation email includes Client’s information, order number, product price, shipping costs, delivery address and a link to these Conditions. Client undertakes to check the accuracy of personal information and to promptly communicate any amendment to the Seller.
The Seller undertakes to properly describe its products on www.cementoitaliano.it. Nevertheless there might be some errors, imprecisions or tiny differences between online description and the real product. Furthermore online pictures will not constitute part of the sale’s agreement as they are only descriptive.
5. Products availability
Seller’s products are not immediately available on stock as they are handmade by order. Products are visible on the website because they can be ordered. Client may cancel the order and end sale’s agreement by using the designed section on the website within a period of 24 hours from the date of the order, as long as the Seller did not already proceed with the manufactoring or shipped the product. If that’s the case, Seller will refund the Client within 14 days from the day it learnt about Client’s decision to end sale’s agreement.
6. Payment methods
Every payment will be made by the Client with credit cards supported and specified on www.cementoitaliano.it, with wire transfer or via PayPal. Regarding payments with credit card, Client will be charged only when the products are finished and ready for shipment. Regarding payments with PayPal, the Client will be charged after the dispatch of the order confirmation email. Communications regarding payment methods and Client’s information will be handled on secure connections. Credit card transactions are handled by VBV (Verified By Visa) and/or SCM (Security Code Mastercard).
Products are exclusive property of Seller until payment will be done. Payment is to be done within 2 days from the order confirmation email. Seller will be allowed to end sale’s agreement in case of Client’s non-fulfillment of terms of payment.
All prices on www.cementoitaliano.it are tax-free and declared in euro. Shipping costs are not included in the purchase price, but are detailed and calculated when the purchase process is concluded and at the order confirmation before payment is done. The Seller has the right to change the prices at its discretions in any moment, nevertheless the goods will be invoiced at the price as indicated on the website when the order is confirmed and as indicated in the confirmation email sent by the Seller to the Client. In case of technical issues, manual issues or error of any other nature that can result in a material change of the price and that makes the price exaggerate or immaterial, the purchase order will be considered invalid and canceled and any fee payed by the Client will be refunded within 14 days from the cancellation date.
The client agrees to pay any additional cost that might be carried by the Seller as result of a different or more expensive shipping method requested and accepted at its discretion by the Seller. The Client is responsible at its costs to provide proper manpower to handle the purchased goods at the moment of the delivery until their final positioning. The Client agrees to follow all the technical specification provided by the Seller in the product sheet.
8. Right of Withdrawal
The Client – identified as a final customer and not professional or commercial entity – has the rights to cancel the purchase without any penalty and for any reason within 14 days from the delivery date in accordance to the law.
In case of multiple purchase within the same order and delivered separately the cancellation term of 14 days starts from the date of delivery of the last product. In case of withdrawal the Client will clearly communicate the intention of canceling the order to the Seller:
by sending a registered letter (or certified email message) with all the details and the cancelation form in accordance with Annex I, Part B, Lgs. D. 21/2014 as follows:
Withdrawal form (according to art. 49, comma 1, letter h)
(Fulfill and return this form only in order to end the sale’s agreement)
Dear Pacifici Mariano e Figli s.r.l., Pero (20016) – Via Newton n. 9
e-mail email@example.com, certified email firstname.lastname@example.org
Hereby I (*) ______________ notify (*) withdrawal from my (*) sale’s agreement for this/these good/s (*)
ordered on (*) _____________/delivered on(*) ______________
(*) Please delete the unused line.
In case of cancelation the Client must return the goods within 14 days from the communication of cancelation to the Seller in accordance to the Art. 57, Lgs. D. 206/2005.
The goods must be returned to the Seller’s warehouse in Pero (20016) – Via Newton n.9.
The Client agrees to pay all costs related to return the goods.
All products must be returned intact, in its original packaging and with all its parts (including documentation and accessories) to the Seller and with the full fiscal documentation. The Seller has the right to verify al returned goods before refunding the Client. The refund will be provided within 14 days from the return of the goods, including the original shipping cost.
The Seller can suspend the refund until the goods have been received in accordance to Art. 56, Comma 3, Lgs D. 206/2005 and afterwards modified by Lgs D. 21/2014.
The Seller will refund the Client through the same payment method used for the original purchase. In case of wire transfer the Client will provide his bank details: IBAN, Swift and BIC. The Client has the right to withdrawal also if the product have been customized.
9. Legal Guarantee
In case the product are different from the order or defect the Client has the rights for repair or replace without any additional cost. The Client can exercise the legal guarantee within 2 years from the delivery date and if the defect is reported within 2 months from when it has been identified.
The Seller, in case of product defect or different from the order, will arrange the pickup of the product at its own cost and in agreement with the Client. The Client will verify the product at the delivery and immediately report any transportation damage to the forwarder. The complains are to be rised by the client within 8 days from the delivery date through registered letter to the Seller or certified email message including copy of the order confirmation and with all details about the complain reasons. The Seller will evaluate through its engineers if the reported defect occurred during production or transportation. In case the complain is rejected, the Client will refund the Seller for all the cost related to that complain. The Client must facilitate the checking allowing the engineers to examine the product. The Seller will refund only after the products are returned.
11. Delivery Terms
The Seller accept orders with delivery both in Italy and worldwide.
If the product is already available it will be shipped immediately after the complete payment. In all other cases the product will be manufactured and shipped only after the complete payment.
The product will be delivered through express currier at the specified Client address, approximately 15 days from the order confirmation for already available products and 45 days after order confirmation for handmade products. In any case the products can not be shipped after 45 days from the order confirmation: in this case Client has the right to withdraw and be refunded.
For every order placed on www.cementoitaliano.it, the Seller will present an invoice for all shipped goods. The invoice will be ended to the Client only via internet. The invoice will include all the information provided by the Client during the checkout. After the invoice is released, none of the information included are modifiable.
The Seller is not responsible for whatsoever breakdown due to extenuating circumstances or chance events, even if they depend on internet malfunctioning. In these cases the Seller is not contestable if the Client’s order will not be completed within the terms.
The Seller will ship the products in a proper packaging in order to protect the goods during the shipment and the delivery. The Seller is not responsible for damages caused by the transport, which are complete responsibility of the carrier. The Seller is not responsible in any case of indirect/direct damages completely or partly attributable to product’s usage and it will not be responding for imports larger than the sale one.
13. Website access
The Client has the right to access to www.cementoitaliano.it for consulting alle the information and purchase the offered products. Any other use of the website and its content is forbidden, especially a commercial use. The integrity of this website, technology and contents are property of the Seller and are protected by copyright.
This Conditions are founded by all its clauses. If one or more provisions of this Conditions might be declared as invalid accordingly to the law, all other provisions will be effective and in force anyway.
16. Intellectual property
These Conditions are governed by italian law. Any dispute that can not find an agreed solution will be submitted to the court where the Client lives (if within the italian territory). It’s possible to appeal to mediation procedures according to Lgs. D. 28/2010 to resolve any controversial in the interpretation or execution of these Conditions.