Conditions of Sale
Last updated: January 22, 2021
The customer who wishes to make a purchase on the arteeceramicacesari.it site must be registered on the portal. By clicking on the button for the order confirmation, the Customer declares to fully accept, without any reservation, these "Conditions of Sale".
Product prices include VAT, and are indicated in the corresponding Product Sheets.
The prices in the corresponding product sheets do not include transport except in cases where the condition is expressly indicated.
The prices do not include any customs duties that will be charged to the customer. The full price and any discounted price are indicated for each item.
Although we have made every reasonable effort to correctly display the colors of the products on the Web Store, we cannot guarantee that these will be reproduced faithfully, also due to the different devices used for the display.
Prices in the physical store may vary from the prices in the online store.
- The consumer undertakes and undertakes, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 205/06 (Consumer Code);
- it is strictly forbidden for minors to conclude an "online" order;
- it is strictly forbidden for the customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data, the address, the telephone number and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy.
- it is expressly forbidden to enter data of third parties. Arte e Ceramica reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers
EXPRESS TERMINATION CLAUSE
- Arte e Ceramica has the right to terminate the stipulated contract by simply notifying the consumer with justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid.
- The obligations assumed by the customer (obligations of the Consumer) as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the non-fulfillment by the customer of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right for Art and Ceramics. to take legal action for compensation
Failure by the user to comply with the obligations assumed pursuant to these Conditions of Sale may result in, depending on the seriousness of the violation committed, cancellation from the portal, without prejudice to the right of Arte e Ceramica to legally request the payment of damages suffered. The information on the product sheets is the same as provided by the manufacturers. Arte e Ceramica nevertheless undertakes to verify the conformity, correspondence and consistency of the data with the product data sheets, however the method of digital presentation of the product is taken into account, so it is possible that the perception by the Customer may be distorted with respect to the real product.
Right of withdrawal and refund
The right of withdrawal can be exercised with reference to certain products and services indicated in art. 55, Legislative Decree 206/2005 (Consumer Code) if the customer is a consumer (ie a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by requesting an invoice).
The aforementioned code also provides that the user cannot exercise the right of withdrawal in cases of supply of certain goods and services including the following:
- Items made to measure or personalized or which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
- Items without the original sales tag
The right of withdrawal is however subject to the following conditions:
- the law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
- the purchased item must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, to put it in a second box, bearing the RMA number (return authorization code); in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided;
- the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer;
- in case of damage to the goods during transport relating to the return, the company will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- the company is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments;
Procedures for exercising the right of withdrawal and timing
The Customer must express his intention to exercise the right of withdrawal within 14 days following the date of delivery of the product by sending an e-mail to email@example.com in which the order number and the abbreviation "Return".
We will then send you by e-mail the "Return Form" which must be completed in its entirety and attached to the returned products. The right of withdrawal is exercised by returning the product at one's own expense, to the address in the appropriate form called the "Return Form".
In order to benefit from the right of withdrawal, the user must return the purchased good within 14 days from when he communicates his intention to withdraw.
The right of withdrawal is totally lost, or determines a decrease in the value of the asset, for lack of the essential condition of integrity of the asset (packaging and / or its contents), in cases where the company ascertains:
- the lack of the external packaging and / or the original internal packaging
- the absence of integral elements of the product (accessories, manuals, parts, etc.)
- damage to the product for reasons other than its transport
Upon arrival at the site, the product will be examined to assess any damage or tampering not caused by transport. If the product, the packaging and / or the original packaging are damaged, the company will deduct a percentage from the refund due as a contribution to the restoration costs.
Having verified that the returned product complies with the aforementioned specifications and the status of the returned items, Arte e Ceramica will pay the amount paid for the purchase within 15 working days of delivery, using the same payment method used by the customer at the time of the purchase.
Refund value and shipping costs
Arte e Ceramica will refund all payments received in relation to the order returned by the Customer who has exercised the right of withdrawal. The refund includes the cost of the products and the shipping costs to the extent of the least expensive option available on the site for the Customer's order.
In fact, the Company is not required to reimburse the additional shipping costs if the Customer has chosen a type of delivery other than the least expensive available for his order.
The cost for all return costs, including customs fees when necessary, are charged to the Customer.
Terms and conditions of use
Last updated: January 22, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Italy
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Arte e Ceramica di Cesari Roberta, Via Galleria Nuova 5 - 05100 - Terni (TR) .
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Arte e Ceramica Cesari, accessible from https://www.arteeceramicacesari.it/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 10 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For any dispute, the competent court is that of Terni.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original Italian text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: