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These terms and conditions govern the sale of Products on the https://www.poltronafrau.com website and regulate their use.
ART 1. DEFINITIONS
The following are defined for the purposes of this contract:
Seller: Poltrona Frau Spa with registered office in Meda (MB) 20821 at via Luigi Busnelli no.1, VAT no. 05079060017, email: [email protected].
Terms and Conditions or Contract: all the present contractual clauses that establish and define the relationship between Seller and Customer.
Platform or Website: the https://www.poltronafrau.com Website.
Users: any party who accesses and continues to browse the Website.
Customer: any party who purchases the Products sold through the Website.
Consumer: a natural person acting for purposes other than professional or business activities.
Professional: a natural or legal person carrying out their business or commercial activity and purchasing with a VAT number.
Products: retail e-commerce sale of mainly furnishings and objects.
Purchase Order or Order: the purchase proposal made by the User through the Website procedures and in particular through the Cart.
Purchase: the purchase for payment of the above Products from the day of conclusion of the purchase.
Cart: the stage of the Purchase procedure in which Users submit the Purchase details, selecting the methods of payment, delivery of the goods and so on.
ART. 2 SCOPE
These Terms and Conditions of Sale apply to the Products referred to in Art. 3 and are valid between the Seller and any User who, as a Consumer in accordance with the applicable regulations or as a Professional, makes a Purchase on the Website. If any of the conditions are null and void, any invalidity or ineffectiveness shall not extend to the remaining provisions of these Terms and Conditions.
ART. 3 PRODUCT DESCRIPTION
The purpose of the Website is the retail e-commerce sale of mainly custom furnishings, objects and similar. All the Products offered are described and illustrated in the respective sections of the Website. The Product images on the Website are for demonstration and illustrative purposes only, and are represented in the best possible way. However, there may be some mistakes, inaccuracies, or minor differences between the graphical/photographic representation of the Product and the actual Product. Therefore, the Product photographs presented on the Website do not constitute a contractual element, as they are merely and symbolically representative of the Product being sold. With reference to customizable Products, the Seller does not guarantee, for example, the perfect and exact correspondence between the printed colour and the colour requested by the Customer. The User therefore expressly agrees that any differences between the depictions of the Products on the Website and the Products actually delivered can only be challenged if they are substantial. The User acknowledges and agrees that in the case of the Purchase of a customized Product as specified, it will not be possible to withdraw the Purchase when the Product has already been ordered and processing has started, since the Product cannot be reused by the Seller due to the customization. The Seller offers the “Configurator” feature on the Website for certain types of Products. In addition, once the Product has been configured, the Customer can complete the Purchase online or search the Store Locator for the nearest retailer to purchase the configured product directly.
ART. 4 PRICES AND ANCILLARY COSTS
The Product prices are specified on the Website. Specifically, the following details will be given in the Cart:
- the Product price;
- any other taxes, if payable;
Online store prices may be subject to variation.
In such cases, the prices published at the time of the Order on the online store shall be considered.
ART. 5 REGISTRATION
In order to make purchases on the Website store, Users can choose to purchase as a Guest or to register by entering personal information.
Users who want to register on the Website must provide all the details requested on the Registration Form, and are responsible for the truthfulness and accuracy of the information.
In the case of registration, at the time of data entry, Users guarantee that:
- they are adults and have legal capacity;
- they meet the registration requirements at the time of registration;
- they comply with all legal and contractual provisions applicable to these Terms and Conditions;
- they are the legitimate owner of the data entered, which should be considered true, correct and up to date.
An account is opened on registration. In cases of abuse, the Seller reserves the right not to accept the registration, to revoke the registration as well as to submit a report for action by the competent authorities. Temporary e-mail addresses cannot be used for registration. All data provided will be processed in full compliance with data protection legislation. The Seller will use the information exclusively to complete the Orders and, only if explicit consent is given to do so, the data may also be processed for the purpose of providing information about its initiatives, such as news or promotional discounts.
ART. 6 PURCHASE PROCESS AND CONCLUSION OF SALE
ART. 7 PAYMENT METHODS
The payment methods available on the Website are as follows:
1) Payment by Bank Transfer
In this case, the Order is considered completed when the Seller receives the credit in its bank account, which must take place within 3-5 working days of its execution. After this time period, the Seller will contact the Customer before cancelling the Order that has been received but not paid for. The production and delivery of the Order will take place only after the crediting of the sum due in the current account of the Seller.
The bank transfer must reference the description of the payment, the Customer’s first and last name, and the order number.
2) Nexi functionality
Customers can pay for their Orders through the functionality offered by Nexi, which allows payments to be made and received by credit card, Giropay, iDEAL, Bancontact, EPS, Bancomat Pay, Mybank, Sofort, Google Pay, Apple Pay, and PayPal with prepaid card or credit card.
ART. 8 PRODUCT SHIPPING AND DELIVERY TIMES
The Seller will deliver the purchased Products through specialist carriers, from Monday to Friday, excluding public and national holidays. Non-customized Products, if in stock at the time of the Order, are shipped within 5-10 working days, while customized Products are shipped within 6-8 weeks. The timescales indicated above are purely indicative and not binding. Any variation to the above will be promptly communicated to the Customer by e-mail.
The cost of delivery to street level is free of charge, while for any deliveries to other floor levels it is necessary to contact the Seller by e-mail to get a quote. If the Product can be shipped by express courier, at the time of shipping the Customer will receive notification of the shipment by e-mail with the tracking number. If the Product is entrusted to a carrier, the Customer will be contacted by telephone to arrange delivery. The Customer must check that the packaging is clean and intact and that the Products received correspond to what was purchased. If a Product arrives that has been damaged during transport or different from the one ordered, the Customer must accept the delivery with reservation and accurately document the steps of unpacking the goods with photographs in order to be able to demonstrate any damage. The Customer can request a replacement from the Seller by e-mail and will be contacted as soon as possible regarding the time frame for the replacement of the Product.
ART. 9 RIGHT OF WITHDRAWAL
All Purchases made by Consumer Customers on the Website, except for the cases stated below and for customized products, are covered by the right of withdrawal, which gives the right to return the purchased Product for any reason and receive a refund within 14 days. To exercise this right within 14 working days of the delivery date of the goods, it is sufficient to inform the Seller of the desire to withdraw in whole or in part from the Purchase by means of any explicit declaration (for example, by e-mail). Within the same period, the Customer must arrange for the shipment of the goods to the Seller’s premises in the original packaging, undamaged and in perfect condition, complete with all the parts and carefully packed. The Customer may use any shipping method of their choice for the shipment, provided that it is appropriate for the transport of the Product or, alternatively, use the transport service offered by the Seller through specialist carriers. The Customer can send a specific request to the Seller for the related costs. The package must include all the documents received. COD parcels will not be accepted. The only costs required are the charges to return the Product. On receipt of the goods, once the integrity of the returned Product has been verified, the Seller will refund the cost of the shipped goods. The costs incurred for the return of the goods are excluded from the refund. The transport risks for the return of the Products shall be borne in full by the Customer, as well as the costs necessary for the return of the Products.
Without prejudice to the above, it should also be noted that the Customer is liable for any reduction in the value of the Products resulting from any handling of the goods other than that necessary to establish their nature, characteristics and working order.
The Customer expressly acknowledges and agrees that:
- the right of withdrawal does not apply to Products received more than 15 business days ago (in this case the return of the goods will be refused).
- in the case in which the purchased Products have been assembled, even partially, and the assembly has caused damage to the Products themselves, for example, mechanical damage caused by assembly or disassembly or signs of use, the Seller reserves the right to refuse the right of withdrawal or the right to charge the costs for damaged parts. - the right of withdrawal is excluded in cases of the Purchase of customized products, as provided for in Art. 3 of these Terms and Conditions, and handcrafted, finished, polished and packaged Products commissioned by the Customer.
The right of withdrawal does not apply to Professional Customers.
ART. 10 LEGAL GUARANTEE
Consumer Customers are entitled to a 24-month legal guarantee. If Products are received that do not conform to the Orders or are defective, the Customer must notify the Seller by e-mail, with any photographs and further details. Proof of purchase is required to benefit from the guarantee.
In the event of a lack of conformity of the goods, the consumer shall be entitled to:
- the restoration of conformity,
- or a proportional price reduction,
- or termination of the contract.
In order to restore the conformity of the goods, the consumer may choose between repair and replacement, provided that the solution chosen is not impossible or excessively onerous for the Seller, taking into account:
- the value of the asset without the defect,
- the extent of the defect,
- the possibility of pursuing an alternative solution without inconveniencing the Consumer.
The Consumer is entitled to a proportional price reduction or contract termination:
- if the Seller does not repair or replace the goods,
- if there is a lack of conformity despite the attempt to restore the goods,
- if the lack of conformity is so serious that it justifies a price reduction or contract termination,
- if the Seller has declared or it appears from the circumstances that the Seller will not restore conformity within a reasonable time.
The Consumer is not entitled to terminate the agreement if the lack of conformity is minor, and it is the responsibility of the Seller to prove this.
The Consumer is entitled to a price reduction proportional to the decrease in value of the goods.
In the event of contract termination, the termination shall be exercised by means of a direct declaration to the Seller. If the lack of conformity only concerns some of the goods delivered, the contract may be terminated only for those goods. In the event of termination, the Consumer:
- must return the goods to the Seller at the Seller’s expense,
- the Seller shall refund to the Consumer the price paid for the item on receipt of the goods or of the evidence supplied by the Consumer that the goods have been returned or dispatched.
ART. 11 FORCE MAJEURE
The Seller shall not assume any responsibility for poor service attributable to force majeure which prevents, in whole or in part, the performance of the contract within the time limits. The Seller shall not be liable to Customers for any damage, losses and costs incurred as a result of the lack of or delayed execution of the contract, the Customer being entitled only to the refund of the price paid.
The Seller shall not be liable for damage resulting from any disconnections or interruptions of the Website, and for any resulting loss of data that can be attributed to this.
In the case of force majeure, execution of the Order shall be suspended.
This suspension may last up to 3 (three) months, after which the Order will be considered automatically cancelled.
ART. 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website (and its content and graphics), the trademark, the domain name, its sub-domains and all intellectual and industrial property rights relating to these are the sole property of the Seller, are limited to the Seller and are not and will not be transferred or granted under licence to the Customer under any circumstances. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute the Websites and/or the Contents of the Website, or retransmit these to other websites, transfer or otherwise make them available to third parties in any way or otherwise use them for purposes other than retention and/or consultation, without the prior express and formal approval of the Seller.
ART. 13 FAILURE TO EXERCISE A RIGHT
The failure of the Seller to exercise a right does not constitute a waiver of any action against the Customer or against any third party for the breach of any commitments entered into. The Seller therefore reserves the right to enforce its rights in any case, under the terms granted.
ART. 14 PROCESSING OF PERSONAL DATA
ART. 15 APPLICABLE LAW AND COURT OF JURISDICTION
These Terms and Conditions shall be governed entirely by the law of the country of residence of the Consumer Customer.
Any disputes arising in relation to the validity, interpretation, execution and termination of the contracts entered into online by the Consumer Customer and the Seller shall fall under the exclusive jurisdiction of the court in the place of residence of the Consumer (so-called Consumer’s Court).
Any disputes arising in relation to the validity, interpretation, execution and termination of the contracts entered into online by the Professional Customer and the Seller shall fall under the exclusive jurisdiction of the Court of Monza.
ART. 16 DISPUTE RESOLUTION
In accordance with Art. 49, paragraph 1, letter V of Italian Legislative Decree 206/2005 (Consumer Code), Consumer Customers can make use of the Joint Mediation Procedure (ADR in Italy).
According to Art. 14 of EU Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint through the European Union’s ODR platform. For more information contact the Seller.
ART. 17 COMMUNICATIONS
For more information of any kind, please can contact the Seller at the following address: [email protected]
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