General conditions of online sale
General
provisions
These
conditions are valid only between the company PIETRE D'ALPI SRL, with
registered office in Via Terranera 24 / a - 38065 MORI, Trento, REA
TN-199448, VAT number 02085710222, hereinafter referred to as'
'PIETRALPI' 'and any person who makes online purchases on the
stonecarediy.com website (or other directly interfaced sites)
hereinafter referred to as'' CUSTOMER ''. These conditions may be
subject to changes and the date of publication of the same on the
site is equivalent to the date of entry into force
These
conditions govern purchases made on the stonecarediy.com site, in
accordance with the provisions of Part III, Title III, Chapter I, of
the Consumer Code, Legislative Decree n. 206/2005, amended by
Legislative Decree. n. 21/2014 and by Legislative Decree 70/2003 on
electronic commerce.
ARTICLE
1 - Object of the contract
With
these general conditions of sale, PIETRALPI sells and the
CUSTOMER remotely purchases the movable tangible goods indicated and
offered for sale on the stonecarediy.com website. The contract is
concluded exclusively through the internet, by accessing the CUSTOMER
at stonecarediy.com and making a purchase order according to the
procedure provided by the site itself.
The customer undertakes to
read these general conditions of sale, in particular the
pre-contractual information provided by PIETRALPI, before
proceeding to confirm his order, and to accept them by affixing a
flag in the indicated box.
In
the order confirmation e-mail, the CUSTOMER will also receive the
link to download and archive a copy of these general conditions of
sale, as required by art. 51 paragraph 1 of Legislative Decree
206/2005, amended by Legislative Decree 21/2014.
ARTICLE
2 - Pre-contractual information for the consumer - art. 49 of
Legislative Decree 206/2005
Before
concluding the purchase contract, the CUSTOMER examines the
characteristics of the goods that are illustrated in the individual
product sheets at the time of the CUSTOMER's choice.
Before the
conclusion of the purchase contract and before the validation of the
order with "payment obligation", the CUSTOMER is informed
about:
- total price of the goods including taxes, with details of
shipping costs and any other costs;
- terms of payment;
- the
term within which PIETRALPI undertakes to deliver the goods;
-
conditions, terms and procedures for exercising the right of
withdrawal (Article 6 of these conditions) as well as the model
withdrawal form referred to in Annex I, part B of Legislative Decree
21/2014;
- information that the CUSTOMER will have to bear the
cost of returning the goods in case of withdrawal;
- existence of
the legal guarantee of conformity for the purchased goods;
-
after-sales assistance conditions and commercial guarantees provided
by PIETRALPI.
The CUSTOMER may at any time and in any case
before the conclusion of the contract, take note of the information
relating to PIETRALPI, the geographical address, telephone and
fax number, e-mail address, information that is reported, also
below:
PIETRE D'ALPI Srl
registered
office: via Terranera 24a, 38065 Mori, Trento, Italy
tel.
0464.918142 - Fax 0464.071087 pietredalpi@pec.it
ARTICLE
3 - Conclusion and effectiveness of the contract
The
sales contract is considered concluded with the sending by PIETRALPI to the CUSTOMER of an e-mail confirming the order. The e-mail
contains the CUSTOMER data and the order number, the price of the
goods purchased, the shipping costs and the delivery address to which
the goods will be sent and the link to be able to print and archive
the copy of the present conditions.
The CUSTOMER undertakes to
verify the correctness of the personal data contained therein and to
promptly notify PIETREALPI of any corrections.
PIETRALPI
undertakes to describe and present the items sold on the site in the
best possible way. Nevertheless, some errors, inaccuracies or small
differences between the site and the actual product may emerge.
Furthermore, the photographs of the products presented on
stonecarediy.com do not constitute a contractual element, as they are
only representative.
PIETRALPI undertakes to deliver the goods
within a maximum period of 30 days from PIETRALPI sending the
order confirmation e-mail to the CUSTOMER.
ARTICLE
4 - Availability of products
The
availability of the products refers to the actual availability at the
time the CUSTOMER places the order. This availability must in any
case be considered purely indicative because, due to the simultaneous
presence on the site of multiple users, the products could be sold to
other CUSTOMERS before confirming the order.
Even after sending
the order confirmation e-mail sent by PIETRALPI, there may be
cases of partial or total unavailability of the goods. In this case,
the order will be automatically corrected with the elimination of the
unavailable product and the CUSTOMER will be immediately informed via
e-mail.
If the CUSTOMER requests the cancellation of the order, by
terminating the contract, PIETRALPI will refund the amount paid
within 14 days from the day PIETRALPI became aware of the
customer's decision to terminate the contract.
ARTICLE
5 - Methods of payment
Any
payment by the CUSTOMER can only be made by means of the credit cards
indicated on the stonecarediy.com website, by bank transfer or by
Paypal payment method.
In case of payment by credit card, the
actual amount of the order will be charged only when the order is
complete and ready for shipment.
In case of payment with Paypal,
the actual charge will take place when PIETRALPI sends the order
confirmation e-mail.
The communications relating to the payment
and the data communicated by the CUSTOMER when this is done take
place on special protected lines. The security of payment by credit
card is guaranteed through VBV (Verified by VISA) and SCM (Security
Code Mastercard) certification.
ARTICLE
6 - Prices
All
sales prices of the products indicated on the stonecarediy.com
website are expressed in Euros and include VAT.
Shipping costs are
not included in the purchase price, but are indicated and calculated
at the conclusion of the purchase process before payment is made.
The
CUSTOMER accepts PIETRALPI's right to change its prices at any
time, however the goods will be invoiced on the basis of the prices
indicated on the site at the time the order is created and indicated
in the confirmation e-mail sent by PIETRALPI to the CUSTOMER.
In
the event of an IT, manual, technical, or any other kind of error
that could lead to a substantial change, not foreseen by PIETRALPI, of the retail price, which makes it exorbitant or clearly
derisory, the order of purchase will be considered invalid and
canceled and the amount paid by the CUSTOMER will be refunded within
14 days. from the day of cancellation.
ARTICLE
7 - Right of withdrawal
In
accordance with the legal provisions in force, the CUSTOMER has the
right to withdraw from the purchase without any penalty and without
specifying the reason, within 14 days from the date of receipt of the
products.
PIETRALPI decides to extend this term from 14 to 30
days. It will therefore be possible for the CUSTOMER to withdraw from
the purchase contract up to 30 days. subsequent to the day of receipt
of the products purchased online. In case of multiple purchases made
by the CUSTOMER with a single order and delivered separately, the
term of 30 days. starts from the date of receipt of the last
product.
The CUSTOMER who intends to exercise the right of
withdrawal must notify PIETRALPI by means of an explicit
declaration, which can be sent by registered letter with return
receipt. or by accessing the "My orders" section of the "My
PIETRALPI account" space on the stonecarediy.com site, with
the creation of a computerized Return file.
The CUSTOMER may
exercise the right of withdrawal also by sending any explicit
declaration containing the decision to withdraw from the contract or
alternatively transmit the standard withdrawal form, referred to in
Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose
text is shown below:
Model
withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete
and return this form only if you wish to withdraw from the
contract)
PIETRE D'ALPI Srl, via Terranera 24 / a, 38065 Mori
,Trento - Italy
ph. 0464.918142 - Fax 0464.071087 e-mail:
pietredalpi@pec.it
With
this I / we (*) notify / notify (*) the withdrawal from my / our (*)
sales contract of the following goods / services (*)
- Ordered on
(*) / received on (*)
- Name of the consumer (s)
- Address of
the consumer (s)
- Signature of the consumer (s) (only if this
form is sent in paper version)
- Date
(*)
Delete the unused wording.
In case of exercising the right of
withdrawal, the CUSTOMER is required to return the goods within 14
days from the day on which he communicated to PIETRALPI his will
to withdraw from the contract pursuant to art. 57 of Legislative
Decree 206/2005.
The goods must be returned to PIETRE D'ALPI Srl,
via Terranera 24 / a, 38065 Mori, Trento, Italy.
The direct costs
of returning the products are borne by the CUSTOMER. The cost is
estimated to be equal to a maximum of about 10.00 (ten / 00)
euros.
The goods must be returned intact, in the original
packaging, complete in all its parts (including packaging and any
documentation and accessory equipment) and complete with the attached
tax documentation. Without prejudice to the right to verify
compliance with the above, PIETRE D'ALPI will refund the amount of
the products subject to withdrawal within a maximum period of 14
days, including any shipping costs.
As required by art. 56
paragraph 3 of Legislative Decree 206/2005, amended by Legislative
Decree 21/2014, PIETRALPI may suspend the reimbursement until
receipt of the goods or until the CUSTOMER demonstrates that he has
returned the goods to PIETRALPI.
PIETRALPI will reimburse
using the same payment method chosen by the CUSTOMER during the
purchase. In the case of payment made by bank transfer, and if the
CUSTOMER intends to exercise his right of withdrawal, he must provide
PIETRALPI, by accessing the contact us section, the bank details:
IBAN, SWIFT and BIC necessary for the reimbursement, from part of
PIETRALPI.
In case of withdrawal for the purchase made with a
gift card and loyalty voucher, the amount will be returned to the
CUSTOMER with a purchase voucher identified with a promotional code
that will be sent to the CUSTOMER's e-mail address or in case of
withdrawal exercised at a point of sale, the amount will be returned
with a purchase voucher delivered to the CUSTOMER.
The purchase
voucher will be valid for two years and can be used by the CUSTOMER
for subsequent purchases in a single solution.
ARTICLE
8 - Legal guarantee of conformity
In
case of receipt of non-compliant or defective products, the CUSTOMER
has the right to restore the conformity of the product without charge
by repairing or replacing the product. The CUSTOMER can exercise this
right if the defect occurs within two years of delivery of the goods
and reports the defect to PIETRALPI within two months of its
discovery.
Subsequently, the customer will have to proceed to the
creation of a computerized Return file by accessing the "My
orders" section of the "Your account" space on the
stonecarediy.com website. PIETRALPI, in the event of a defective
or non-compliant product, will arrange, at its own expense, to
organize the collection of the product, compatibly with the
CUSTOMER's availability.
ARTICLE
9 - Commercial guarantee
All
the products presented on the stonecarediy.com website benefit, in
addition to the legal guarantee of conformity referred to in the
previous article, from a commercial guarantee whose duration is
mentioned on the product data sheets of the articles.
To use the
warranty, the CUSTOMER must keep the invoice which can be printed by
accessing the "My orders" section of the "Your
account" area.
ARTICLE
10 - Delivery methods
PIETRE
D'ALPI will accept orders to be delivered anywhere in the world. The
products will be delivered by express courier or postal service to
the address indicated by the CUSTOMER at the time of the order no
later than 30 days. from the date of receipt by the CUSTOMER of the
order confirmation e-mail sent by PIETRALPI.
For every order
placed on the stonecarediy.com site, PIETRALPI will issue an
invoice for the goods shipped. The invoice is available and
printable, after the order has been processed, in the "My
orders" section of the CUSTOMER's "My account PIETRALPI" area. The invoice will contain the information provided
by the CUSTOMER during the purchase procedure. After the invoice has
been issued, it will not be possible to make any changes to the data
indicated therein.
ARTICLE
11 - Liability
PIETRALPI assumes no responsibility for disservices attributable to
force majeure or unforeseeable circumstances, even if dependent on
malfunctions and disservices of the internet, in the event that it
fails to execute the order within the time stipulated in the
contract.
ARTICLE
12 - Access to the site
The
CUSTOMER has the right to access the site for consultation and making
purchases. No other use, in particular commercial, of the site or its
content is permitted. The integrity of the elements of this site,
whether sound or visual, and the related technology used remain the
property of PIETRALPI and are protected by intellectual property
rights.
ARTICLE
13 - Cookies
The
stonecarediy.com website uses '' cookies ''. Cookies are electronic
files that record information relating to the CUSTOMER's navigation
on the site (pages consulted, date and time of consultation, etc.)
and that allow PIETRALPI to offer a personalized service to its
customers.
PIETRALPI informs the Customer of the possibility
of deactivating the creation of such files by accessing its Internet
configuration menu. It is understood that this will prevent the
Customer from proceeding with the online purchase.
We
invite you to consult our Cookie Policy page.
ARTICLE
14 - Integrality
These
General Conditions of Sale are made up of all the clauses that
compose them. If one or more provisions of these General Conditions
of Sale is considered invalid or declared as such pursuant to the
law, regulation or following a decision by a court with jurisdiction,
the other provisions will continue to have full force and effect.
ARTICLE
15 - Applicable law and competent court
These
General Conditions of Sale are subject to Italian law.
Any dispute
that does not find an amicable solution will be subject to the
exclusive jurisdiction of the Court of the CUSTOMER's place of
residence or domicile, if located in the territory of the Italian
State.
In any case, it is possible to optionally resort to the
mediation procedures referred to in Legislative Decree 28/2010, for
the resolution of any disputes arising in the interpretation and
execution of these conditions of sale by accessing the following
site: https://webgate.ec.europa.eu/odr .