TERMS AND CONDITIONS OF SALE
These general terms and conditions of online sale (hereinafter the "GTC") govern the contract of sale (hereinafter the "Contract") of products (hereinafter the "product" or the "products") offered by:
Calleadesign snc di L. Callea & C.
Via Josip Ressel 2/7 int.12 - 34018 San Dorligo della Valle, Dolina (TS), Italy
C.F./VAT: IT 01059410322
Chamber of Commerce of Trieste - REA TS - 121525
through its Internet site www.calleadesign.co.uk (hereinafter, the "site") to the users of the site (hereinafter, the "customers" or the "customer"). These general terms and conditions of sale are intended to refer only and exclusively to customers who qualify as "consumers" within the meaning of Article 3, co. 1, lett. a), of Legislative Decree no. 206 of 6 September 2005, i.e. "natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out".
All the information contained in the site is in Italian. The customer declares that he/she has read all the aforementioned information and general conditions of sale before placing the order. The customer, before placing the order for the product, declares that the purchase of said product has no direct relation with his professional activity, since the purchase is intended for personal use.The customer also declares that he or she has the legal capacity to commit himself or herself in accordance with these general terms and conditions.
1 - OBJECT
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.calleadesign.it.
2 - CONTRACTUAL DOCUMENTS
This contract consists of the following documents
- these general terms and conditions of sale
- the order confirmation
The photographs illustrating the products on the site are outside the scope of the contract and are provided for descriptive purposes only.
3 - RECEIPT OF ORDER
Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer which can only be called into question in the cases provided for by this contract in the articles "Right of withdrawal" and "Execution of order".
4 - ACCEPTANCE OF ORDER
The contract shall be concluded only upon confirmation of the order by Calleadesign. The customer will receive by e-mail a notification of receipt containing the order confirmation with all the constituent elements of the contract (including ordered products, prices, delivery dates, shipping costs). Calleadesign reserves the right not to confirm an order for any reason whatsoever relating in particular to a product supply problem, or a problem with the order received.
Calleadesign shall not be liable for errors in delivery due to inaccuracies or incompleteness in the filling in of the purchase order by the customer. Furthermore, Calleadesign shall not be held liable for any damages occurred to the products after delivery to the carrier in charge of their transportation as well as for delays in delivery attributable to the latter.
5 - AVAILABILITY OF PRODUCTS
The offers contained in this website shall be valid as long as the products listed remain online and while stocks last. Calleadesign also reserves the right to notify the customer, within 20 days from the purchase, at the email address associated with his/her profile, of the possible unavailability of one or more of the products purchased. In case of purchase of a product no longer available, Calleadesign shall refund (to the payment card or Pay Pal account indicated by the same for the purchase or via bank transfer, the details of which shall be communicated after registration) the price and the shipping costs incurred by the customer. However, the unavailability of one or more of the products ordered shall not entitle the customer to cancel the entire order.
6 - PRICES - INVOICE
Prices are expressed in Euro and include VAT at 22%. The price guaranteed to the purchaser is that published on the site at the time of dispatch. The prices of the products are final. They do not include any delivery charges, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
An invoice will be issued for each order from the Professional Customer or company that has entered its VAT number, tax code and code for electronic invoicing.
For private or professional customers or companies that decide not to enter their VAT number. VAT number, Calleadesign will not issue an invoice or certify the payment by issuing a receipt or fiscal receipt (Art. 22, paragraph 1 DPR 633/72 and Art. 2, lett. oo DPR 696/96). The purchase shall be accompanied by a purchase receipt that will be useful to keep for warranty and after-sales service purposes.
7 - PAYMENT
The customer who intends to proceed with the purchase of the products must express this will by means of a request made directly on the site, in the dedicated section, where, following the procedures indicated therein, he will send his purchase order and make payment. Payment is due from the moment the order is placed. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods.
The customer warrants to Calleadesign that he/she has any necessary authorisation to use the payment instrument indicated in the order. In case of non-receipt by Calleadesign of the payment, Calleadesign reserves the right to cancel the order. In the case of payment by credit card, Calleadesign reserves the right to request the sending, within 24 hours, of a copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested submission, Calleadesign may refuse the payment and cancel the order.
The payment data shall be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
8 - ORDER EXECUTION
The order shall be executed within the terms specified on the Site and upon acceptance of the order by Calleadesign and in any case within 30 days after the confirmation of the order subject to the availability of the product ordered and unless there is a specific agreement between the parties. In case of stock depletion or unavailability of the ordered product, Calleadesign undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability. See art.5 regarding the availability of the products.
9 - DELIVERY
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday. Products are delivered to the address indicated by the customer. Delivery is understood to be to the street level. The request for delivery to the street level of an order (where available) must be indicated by the customer upon final confirmation of the order. Unless otherwise specified at the time of purchase, Calleadesign does not provide an installation service for the products sold.
Calleadesign, subject to the provisions of Art. 5, undertakes to deliver the products to the address communicated by the customer in the purchase order, by means of the carrier entrusted with the transport of the same. Calleadesign shall not be held liable for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product shall constitute proof of transport and release of the goods. Upon delivery, the customer shall check the content, conformity and condition of the product(s). In case of delays, breakdowns, total or partial loss or other problems, it is the right of the customer to appeal to the carrier without Calleadesign's liability.
10 - LATE DELIVERY
The delivery dates estimated on the website are purely indicative and Calleadesign shall not be held responsible for any delay in delivery.
11 - BREAKAGES DURING TRANSPORT
Calleadesign protects its customers until the courier delivery. This means that we ask the customer to check the condition of the delivered products before signing the receipt. If anomalies are found, the customer must refuse the delivery of the products or put his own detailed and dated reservations in writing. These reservations shall be a necessary condition for obtaining replacement or reinstatement of the order free of charge. The communication of the anomaly shall be communicated to Calleadesign within 48 hours.
12 - COLLECTION OF PRODUCTS IN CASE OF ABSENCE OF THE CUSTOMER
In case of absence of the addressee during delivery, the carrier shall leave a notice at the delivery address indicated by the customer. If the addressee is also absent on the second delivery attempt, the products shall be collected at the address and in the manner indicated by the carrier. In case of failure to collect the products within the term set by the carrier, the products shall be returned to Calleadesign, which reserves the right to refund the price of the products, leaving the shipping costs to be paid by the customer.
13 - RIGHT OF WITHDRAWAL
The customer shall be entitled to withdraw from the Contract, without any penalty and without specifying the reason, upon receipt of the order confirmation sent by Calleadesign within and no later than fifteen working days after receipt of the product at the address indicated for delivery. The date shown on the delivery note shall constitute full proof of receipt.
The customer can exercise the right of withdrawal through the Withdrawal Form available by clicking here or alternatively through the email address firstname.lastname@example.org.
The right of withdrawal is free of charge.
If the product has already been delivered, the customer shall return it to Calleadesign. For this purpose:
- the withdrawal shall be made at the expense of Calleadesign.
- the product shall be made available to the courier that Calleadesign itself shall send for pick-up within 10 working days.
- The substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal. The customer shall send the product properly packaged and packed; Calleadesign shall not accept damaged returns, but kept in a normal state of preservation, stored with the use of normal diligence. Products damaged by detergents/additives, or products damaged by the customer due to inexperience shall not be replaced or refunded. The customer shall place a copy of the delivery document received inside the packaging box. The transport risks for the return of products shall be borne in full by the customer.
- Calleadesign shall refund the sums paid by the customer to the credit card or Pay Pal account or through the bank details communicated by the same. The refund shall take place free of charge, within thirty days from the date Calleadesign became aware of the exercise of the right of withdrawal by the customer.
As provided for by Legislative Decree 6/9/2005 n. 206 and by art.59 of the Consumer Code, the right of withdrawal regulated by these Terms and Conditions of Sale does not apply to goods made to measure or clearly customized or which, due to their nature, cannot be shipped back or are liable to deteriorate or alter rapidly.
14 - WARRANTY
In order to avoid any inconvenience, the products are checked before being dispatched. However, the customer benefits from the manufacturer's warranty and this is backed by Calleadesign's satisfied or refunded guarantee, valid for 30 days after delivery, provided that the products have been used normally and in accordance with the recommendations set forth in the documents enclosed with the products and in their instruction booklets. In any case, the products sold benefit from the legal warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code. To obtain warranty service, the customer shall provide the details of the warranty certificate or invoice or delivery slip. The product shall be exchanged for an identical product and sent to the customer at Calleadesign's expense, except in case of discontinuation of the range offered by Calleadesign. In the latter case, Calleadesign shall proceed to refund the price of the product to the customer.
15 - USE OF THE SITE
The photographs and videos presenting the products accompanying the descriptive information are published on the site by way of description, taking into account that the quality of the images, including an accurate display of the colour variants, may depend on the software and computer tools used by the customer when connecting to the site. Calleadesign shall not be liable for any problems caused to the customer by the use of the site and the technologies employed, as these are not dependent on its own will.
16 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Calleadesign informs that the website, as well as all trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and may not be reproduced, communicated, distributed, published, altered or transformed in any form or for any purpose. Calleadesign reserves the right to take legal action to protect such aspects.
17 PROTECTION OF PERSONAL DATA
Calleadesign is the owner of the personal data collected at the time of registration to the website, as well as of those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banks through which the transaction takes place. For information on the processing of personal data, including the rights under Article 7 of Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration with the Site www.calleadesign.it.
18 - ELECTRONIC SIGNATURE
The "validation click" constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
19 - ENTIRETY OF THE CONTRACT
These general terms and conditions of sale constitute the entirety of the parties' obligations. No other general or particular conditions communicated by the customer may be included in or depart from these general conditions.
20 - NULLITY
Should one or more of the provisions of these general conditions be considered invalid or be declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
21 - COMMUNICATIONS
For any communication you may contact Calleadesign at the following addresses:
Calleadesign s.n.c. di L.Callea & C.
Via Josip Ressel 2/7 int. 12
34018 San Dorligo della Valle (TS)
tel. +39 040 064 6810
22 - DISPUTES
In the event the Parties intend to refer to the ordinary Judicial Authority, the competent Court shall be that of the place of residence or elective domicile of the consumer, pursuant to Art. 33, paragraph 2, letter u) of Legislative Decree no. 206/2005
22.1 - European ODR
Pursuant to Article 14 of Regulation 524/2013 it is hereby made known that in the event of a dispute, the user may submit a complaint through the European Union's ODR platform, which can be reached at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The ODR platform is a valuable tool for users who wish to resolve disputes arising from online sales or service contracts out of court.
22.2 - ADR, Joint Conciliation
According to the Consumer Code, Article 49 paragraph 1 letter V of Legislative Decree No. 206 of 6 September 2005, the consumer may avail himself of the Joint Conciliation Procedure. The procedure can be initiated if the customer, after having submitted a complaint to the company, has not received a response deemed satisfactory within 45 days. To avail yourself of this procedure, you must send your request to: email@example.com or fax number 02/87181126. More detailed information can be found at the following link: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica
23 - APPLICABLE LAW
The sales contract between the Customer and Calleadesign s.n.c. di L.Callea & C. shall be deemed concluded in Italy and governed by Italian law.