General conditions of sale
These General Terms and Conditions relate to the terms and conditions of supply of Bitossi Ceramiche S.r.l. (hereinafter Bitossi Home), with registered office in Montelupo Fiorentino (Fi), Via Gramsci no. 16, Tax Code, registration number in the Florence Business Register and VAT number. 00383810488, tel. 057154511, fax. 0571545355, email: firstname.lastname@example.org, and owner of the website: www.bitossihome.it (these references can be used by the Customer for any contacts with Bitossi Home or for any complaints). Each purchase transaction will be governed, for the entitled parties to which it is applicable, by the provisions set forth in Legislative Decree 206/2005 and subsequent amendments and additions, Legislative Decree 70/03 and subsequent amendments and additions, and any other legislation applicable to online sales, while the processing of the Customer's personal data will be carried out by Bitossi Home in full and timely compliance with the provisions of EU Regulation 679/2016 (so-called "GDPR"), Legislative Decree 196/03 and any other provisions of applicable law in this regard (see "privacy statement" on the website).
ACCEPTANCE OF THE GENERAL SALES TERMS AND CONDITIONS
CREATING AN ACCOUNT AND SUBSCRIBING TO THE NEWSLETTER
For the purpose of the purchase, it is not necessary for the Customer to create an account. However, the creation of an account allows the Customer to: make faster check-outs during purchases (the data previously saved on the account allow automatic compilation for subsequent orders), check the status of the order, view previous orders, change the account information, save alternative addresses and modify or delete the addresses entered.
The account registration credentials must be used exclusively by the Customer and cannot be transferred to third parties. The Customer must immediately notify Bitossi Home by email in case of suspected use of such credentials by unauthorised third parties. The Customer guarantees that the data entered during the creation of the account are complete, correct and truthful.
The Customer alone is responsible for accessing the website www.bitossihome.it through the account and is liable for any negative consequences that Bitossi Home and/or third parties could suffer as a result of improper use, loss, misappropriation of personal credentials, access by third parties, or failure to protect the secrecy of such credentials.
As regards the use of the website, please refer to the "Legal Notes" section on the home page of the website.
To receive newsletters, it is necessary to subscribe and give your consent to the processing of your personal data. You can unsubscribe at any time by clicking on the "Unsubscribe" button in the newsletter.
Customers can purchase the products on the website www.bitossihome.it, by forwarding the order electronically. To this end, the Customers must select the products they intend purchasing and the relative quantities, adding them to the cart. It is understood that the image accompanying a product may not be perfectly representative of its characteristics and could differ in colour, size, and accessories shown in the figure. It is also understood that Bitossi Home cannot guarantee that the contents of its website are in accordance with the laws in force in countries outside Italy.
Once the Customers have selected the items they intend to purchase, they can close the cart by selecting the "proceed to check-out" button. When selecting each item to be purchased, a summary of the product cost including taxes will appear on the right-hand side of the page. Once the check-out has been completed, the customer must enter the shipping address and the billing address (if differing from the shipping address) and select the payment method. Based on the shipping address, the shipping costs and consequently, the total order amount will be entered. To view the individual items making up the total, the customer must click on the box indicating the total amount.
The placing of the order implies the obligation to pay for the supply.
The contract is considered concluded with the receipt of payment by Bitossi of the requested supply.
ACCEPTANCE AND CANCELLATION OF ORDERS
The contract stipulated between Bitossi Home and the Customer must be considered concluded with receipt of the payment for the supply. Once the order has been placed, the Customer receives an order confirmation email. However, shipping is not made until Bitossi Home receives payment for the order. In the absence of payment, therefore, the contract will not be considered concluded and, consequently, the ordered products will not be delivered.
Any liability on the part of Bitossi Home, for any reason whatsoever, be it contractual or extra-contractual, for direct or indirect damage to people and/or property, deriving from the non-delivery of the order due to non-payment by the customer, is expressly excluded.
Without prejudice to the customer's right of withdrawal, as described in more detail below, the customer has the right to cancel the order before making the payment by contacting the customer service.
In the case of payment by bank transfer, the order will be cancelled by Bitossi Home in the event of non-payment within five working days of the order being placed.
In the event of an error in entering the data, the customer can contact the customer service, except in the case of an error in the personal data, in which case he/she can make the changes independently in the reserved area.
Customers who have created their own accounts have the possibility of accessing previous orders by clicking on the "my orders" link on the user dashboard.
Instead, customer who have made previous purchases without having registered the account can view the previous orders through the communications received by email.
METHOD OF PAYMENT - PRICES AND CHARGES
Payment for the ordered products can be made by bank transfer or PayPal. In case of payment by PayPal please visit the website: https://www.paypal.com for information about this type of payment method. The shipment of the ordered goods will only be made at the time of the actual crediting of the due amount in Bitossi Home’s current account.
The description of the reason for the bank transfer must include:
• the order number indicated in the order confirmation email;
• the name and surname of the person placing the order.
In case of payment by bank transfer, this payment must be made within 5 working days from the order. In the absence of payment by the aforementioned term, the order will be automatically cancelled, and Bitossi Home will confirm the cancellation of the order by email to the Customer.
The invoice, when required, will be issued by Bitossi Home following receipt of payment and will be attached to the shipment of the products or sent separately to the Customer.
The prices of the product are those indicated on the website.
In the case of deliveries outside Italy, the supplies may be subject to import duties and taxes, payable once the supplied products reach the specified destination. Any customs clearance costs will be charged to the Customer, who will also have to fulfil every obligation imposed by law on the importer.
The shipping costs are borne by Bitossi Home in the case of orders over € 120,00 for shipments within Italy. Said costs will be borne by the customer in all other cases.
The applicable shipping costs are determined based on the weight, volume and destination of the products.
Once the product to be purchased has been selected, and before proceeding to the check-out, the shipping cost applicable per weight, volume and destination in Italy will appear. If the destination is different, the shipping cost will be updated when the shipping address is entered.
In the event of non-collection of the goods in stock at the courier's warehouse within 3 working days due to repeated inability to deliver to the address indicated by the Customer at the time of the order, all additional logistic costs will be charged expressly to the customer.
Delivery will be made to the shipping address indicated by the customer. The order will be processed within seven working days after receipt of payment of the supply by Bitossi Home for shipments within Italy, and ten working days for shipments outside Italy, excepting in both cases any delays attributable to the courier/shipper. The aforementioned terms must be considered purely indicative and not binding. Therefore, in no way can Bitossi Home be held liable in case of delays in the delivery, and where the Customers are consumers, they must request that Bitossi Home make the delivery within an appropriate additional period. At the time of shipment, the customer will receive an email with the number of the shipment and the order number, as well as a summary of the order itself. In any case, Customers may contact Bitossi Home to obtain information about the status of the shipment or check the status of the shipment from their account if registered.
NON-COMPLIANCE OF THE ORDER- COMPLAINTS
The customer must, on the same day as the delivery, take care of notifying Bitossi Home by email of any possible non-compliances of the products received with respect to those ordered (quantity, type, etc.), specifying the reasons for the non-compliance. Bitossi Home will replace the products once the return has been received from the Customer, provided the goods are returned in their original packaging.
For any flaws, defects or damage to the products, please refer to the clause "GUARANTEE FOR FLAWS AND DAMAGE TO PRODUCTS - RESPONSIBILITY"
RIGHT OF WITHDRAWAL
The Customer, where entitled as a consumer pursuant to and for the purposes of Legislative Decree 206/05 and subsequent amendments and additions, may withdraw without any penalty and without specifying the reason, within fourteen days after receipt of the products. The right of withdrawal is exercised by sending, by the aforementioned term, a written communication to Bitossi Home, by registered letter with return receipt or by email to: email@example.com. Registered letters will be considered as sent in a timely manner if delivered to the accepting post office by the term indicated above.
In case of withdrawal, the direct cost for returning the products will be charged to the Customer as the return will be at the latter’s exclusive responsibility. In the event of the right of withdrawal being properly exercised, Bitossi Home will reimburse the amounts received by the Customer within fourteen days after the date on which it learns of the exercise of said right of withdrawal. The reimbursement will be made by means of the same payment method used to place the order, unless expressly indicated otherwise by the Customer. Alternatively, where agreed upon with the Customer, instead of proceeding with the reimbursement, Bitossi Home may issue the Customer with a voucher equal to the amount paid by the Customer for the purchase of the goods.
Bitossi Home will have the right to withhold the reimbursement until it has obtained the return of the products by the Customer or until the latter has demonstrated that he/she has sent the products back, depending on which situation occurs first. The sums are understood as reimbursed within the aforementioned term if they are effectively refunded, sent or credited with a value date not later than the expiry of the previously indicated term.
The Customer alone will be liable to Bitossi Home for loss and/or damage to the returned products until such time as their delivery to Bitossi Home. The products must be returned intact, not used, and in their original packaging. In the case of the returning of goods that are incomplete or not complete with the relative packaging, Bitossi Home will send a written communication to the Customer via email; in this case, the goods returned by the Customer will not be reimbursed and will remain at the Bitossi Home headquarters at the Customer's disposition for the relative withdrawal. If within ten days after the of the aforementioned communication the Customer has not provided for the withdrawal, Bitossi Home will be free to reuse the aforementioned goods. In this case, the Customer's right to reimbursement of the price paid for such goods remains excluded.
GUARANTEE FOR PRODUCT DEFECTS AND DAMAGE – RESPONSIBILITY
Bitossi Home guarantees that the products marketed through the site www.bitossihome.it are free from flaws and defects.
The aforementioned guarantee applies to customers who are considered "consumers" pursuant to Legislative Decree 206/05 and subsequent amendments and additions, for a period of 24 months after delivery of the products and, for all other customers, for a duration of 12 months after delivery.
The applicability of the guarantee is subject to the timely notification of flaws, defects, damage or non-compliance of the products, under penalty of forfeiture of the guarantee.
For this purpose, the Customer must also, by and no later than eight days after receiving the products, notify Bitossi Home by email of any visible defects or damage to the products received, demonstrating, where possible, the alleged defects or damage with appropriate photographic documentation.
In the case of non-visible defects, the complaint must be made by the customer by registered letter with return receipt or email, within 8 days after discovering the same, and it must be accompanied by all suitable information and documents demonstrating the alleged flaws or defects.
Where the existence of the alleged flaws or defects is ascertained on the basis of the information and/or documentation provided by the Customer, Bitossi Home will, at its own expense, collect the defective or damaged products from the Customer, and at its discretion, replace said products, reimburse the price, or issue a purchase voucher to the Customer equal to the price of the defective or damaged products. Any other form of compensation, reimbursement and compensation is excluded for any damage, including indirect and consequential damages, except in the case of death or damage to the Customer, resulting from a fact or omission by Bitossi Home.
APPLICABLE LAW AND JURISDICTION – ADR (Alternative Dispute Resolution) PROCEDURES
All purchases made through the website: www.bitossihome.it, and any issues that may arise from such purchases and/or the use of this website are governed by Italian law.
In the event of any disputes between Bitossi Home and the Customer arising and/or connected to the use of the website www.bitossihome.it, with the conclusion of a purchase or with the execution of an order through the aforementioned website, the jurisdiction will be exclusively of the Court of Florence, except where envisaged by Legislative Decree 206/05 and subsequent amendments and additions for Customers to whom this regulation is applicable, in which case the court of the Customer's domicile will be the competent court.
Nevertheless, customers within the European Union are entitled to initiate voluntary procedures for out-of-court settlement of disputes (hereinafter "ADR procedures") by contacting specific bodies (hereinafter "ADR entities") registered on the relative list kept by the competent authority of each country, via use of the European ODR (Online Dispute Resolution) platform.
The website https://ec.europa.eu/consumers/odr contains all the information for lodging a compliant for initiating a ADR procedure from the ODR platform as well as a list of ADR entities that can be contacted for this procedure.
Information on the functioning of the ADR procedure is provided on the website of each ADR entity.
AMENDMENTS TO THE GENERAL SALES TERMS AND CONDITIONS
Bitossi Home is entitled to amend the website www.bitossihome.it and/or these General Sales Terms and Conditions.
The supplies will be governed by these General Sales Terms and Conditions in force at the time the order is placed.
As regards the measures of technical protection of the website, please refer to the document entitled "Legal Notes", the link to which can be found on the home page of the website.
In the event of one or more clauses referred to in these General Sales Terms and Conditions being declared invalid, ineffective or unenforceable, this will not affect the validity, effectiveness and applicability of any of the other clauses.