terms and conditions
ARTICLE 1 - FOREWORD
These conditions of sale (hereinafter only "Conditions") govern the sale of handicraft items (raffia baskets, raffia bags, raffia hats, raffia umbrellas) of Italian origin marketed by PASQUALE MONTI, hereinafter referred to as "seller" .
The seller only offers the sales service.
- All contracts for the purchase of products concluded, through the site "www.montiartigianato.it" and according to the procedures indicated therein, between the seller and the customer, will be governed by these Conditions.
- The technical and functional characteristics of the products marketed by the seller are those provided by the respective manufacturer to whom the seller turns for the supply of the product.
- The customer is responsible for choosing the products ordered and for compliance and compliance with their needs
ARTICLE 2 - ACCEPTANCE OF TERMS OF SALE
- The contract stipulated between the seller and the customer is concluded with the acceptance, even if only partial, of the order by the seller, who reserves the right, at his sole discretion, to accept the order.
- Acceptance is considered tacit, unless otherwise communicated in any way to the customer.
- By placing an order in the various ways provided for in the following articles, the customer declares to have read all the information provided during the purchase procedure and to fully accept the general and payment conditions set out below.
- If the customer is a natural person who purchases the goods for purposes not related to his professional activity (so-called final consumer), once the online purchase procedure is completed, he will print or save an electronic copy and, in any case, keep these general conditions of sale, in compliance with Legislative Decree no. 206/2005 (the so-called "Consumer Code").
- The client's right to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to persons and / or things, caused by the non-acceptance, even partial, of an order.
ARTICLE 3 - PURCHASE METHOD
- The customer can only purchase the products present in the electronic catalog of the seller at the time of placing the order and viewable at the internet address "www.montiartigianato.it", as described in the relevant information sheets. In the event that the chosen product is no longer available, the seller will make available to the customer a product with similar characteristics to the one chosen.
- The technical information entered on the aforementioned site faithfully reproduces that of the manufacturers of the goods included in the catalog. The seller, therefore, reserves the right to modify the technical information of the products to adapt them to those provided by the manufacturers, without any prior notice. Any purchase support information (Glossary, Purchase Guide, etc ...) are to be understood as simple generic information material, not referable to the real characteristics of each individual product.
- The purchase order must be completed in its entirety and contain all the elements necessary for the correct identification of the products purchased.
- Each order sent constitutes the client's contractual proposal and, therefore, is binding on the seller only if confirmed for acceptance.
- Correct receipt of the order is confirmed by the seller through an email reply sent to the email address communicated by the customer. This confirmation message will include the date and time of receipt of the order and a "Customer Order Number", to be used in any further communication with the seller. The message reproduces all the data entered by the customer who undertakes to verify its correctness and to promptly communicate any corrections, according to the methods described in this document.
- In the event of non-acceptance of the order, the seller undertakes to promptly notify the customer.
- The fulfillment of the order is equivalent to confirmation of the same.
- The seller reserves the right not to accept incomplete, not properly completed orders.
- Unless otherwise indicated, the prices of the products published must be understood as including VAT. Prices are subject to updating without notice and are subject to stock availability. The seller reserves the right to confirm or modify the prices of the products published on the website and / or on advertising material at the time of order confirmation.
- On the site "www.montiartigianato.it" the quantities of product available at the time of the order are visible. Since the simultaneous access of many users-customers and the simultaneous possibility of "online" orders change the availability of the product, the seller
- The tax documentation relating to the products ordered is issued by the seller at the time of shipment.
ARTICLE 4 - PAYMENT METHODS
- The customer is given the opportunity to choose from the following payment methods:
Advance Bank Transfer. In case of payment by advance bank transfer, the order is sent only upon actual credit on the current account indicated by the seller, which must take place within 5 working days from the date of acceptance of the order, after which the order is deemed automatically canceled. The reason for the bank transfer must include the identification of the order (time, date and order number), which is released in the order confirmation email.
Credit card. In the case of purchase of goods by credit card payment method, at the end of the online transaction, the reference banking institution authorizes the amount relating to the purchase made. The credit cards accepted are all those that rely on Paypal circuits. The seller reserves the right to request additional information from the customer (e.g. telephone number) or to send a copy of documents proving ownership of the card used. In the absence of the required documentation, the seller reserves the right not to accept the order. At no time during the purchase procedure, the seller can know information relating to the buyer's credit card, as they are entered directly on the website of the banking institution that manages the transaction (with very high security systems) and no seller's computer archive contains nor does it store such data. In no case can the seller therefore be held responsible for any fraudulent and undue use of credit cards by third parties when paying for products.
In case of payment with PayPal due to the commission costs, the total purchase price is increased by 2.5% (excluding shipping costs from the count).
- Shipping costs are charged to the customer and are explicitly highlighted at the time the order is placed. The customer will pay for the goods using the method chosen when placing the order. No additional fees or commissions are due to the seller.
The costs of delivery by express courier are valid for the whole Italian territory. The cost of shipping is calculated automatically based on the total weight of the products purchased and does not include insurance of the goods during transport.
ARTICLE 5 - DELIVERY METHODS
- The seller accepts orders only for delivery in the territory of the Italian state.
- The goods travel in packaging made directly by the manufacturer (or in the seller's cardboard boxes suitably closed with adhesive tape). In no case are other closing materials used.
- On average, the delivery times of the ordered goods are 24/36 hours (excluding islands); the same may be subject to changes in the event of availability or not in the product, on special customer requests, for reasons of force majeure, due to traffic conditions and viability in general or by an act of the Authority. Standard delivery, unless otherwise agreed in writing between the parties, will take place every weekday, from Monday to Friday.
- No responsibility can be attributed to the seller in case of delay in the order fulfillment or in the delivery of the ordered goods. Upon delivery of the goods by the courier, the customer is required to check:
that the number of packages delivered corresponds to what is indicated on the invoice;
that the packaging is intact, not damaged or, in any case, altered;
that no closure materials other than closure with our adhesive tape have been used.
- Any external damage or the mismatch in the number of packages or indications must be immediately reported to the courier making the delivery, by placing the word "withdrawal with reserve" on the appropriate accompanying document and confirmed within 8 (eight) half days by registered mail. with return receipt to the courier, whose address is explicit on the accompanying document. In the specific case of a damaged package, write "withdrawal with reserve because the package is damaged". The customer is required to promptly notify the seller by e-mail or fax of the incident.
- Once the courier's document has been signed, the customer cannot make any objection regarding the external characteristics of what has been delivered.
- Even if the packaging is intact, the goods must be checked within 8 (eight) days of receipt. Any hidden damages or anomalies must be reported in writing by registered mail with return receipt to the courier whose address is stated on the accompanying document.
- Any report beyond these terms will not be taken into consideration. For each declaration, the customer assumes full responsibility for what has been declared.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- Pursuant to art. 64 and following of Legislative Decree no. 206/2005, if the customer is a "consumer" (ie a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to the seller) , has the right to withdraw from the purchase contract for any reason and to return the ordered products, without any penalty (except as indicated below in paragraph 2) within 10 working days from the date of receipt of the goods by sending a request for withdrawal to the seller's office is located in 80076 Lacco Ameno, p.le Lacco Fango, 96 by registered mail with return receipt in which they must also indicate the bank details necessary to return the sums paid.
- The right of withdrawal is subject to the following mandatory 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 good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment);
the goods subject to the exercise of the right of withdrawal must be returned in a normal state of conservation, as it has been kept and possibly used with the use of normal diligence: therefore, used products that show signs of damage or dirt will not be accepted and that consequently they can no longer be considered intact;
the asset subject to the exercise of the right of withdrawal must include the same serial number on the sales invoice, otherwise the return will not be accepted and the product will be made available to the customer for its return and at its expense, simultaneously canceling the request for withdrawal;
the shipping costs relating to the return of the goods are charged to the customer and the shipment, up to the certificate of receipt by the seller, is under the complete responsibility of the customer;
in the event of damage to the goods during transport, the seller will notify the customer of the incident within 5 (five) working days of receipt of the goods, in order to allow him to promptly complain to the courier. In this case the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
the seller does not respond in any way for damage or theft / loss of goods returned by uninsured shipments;
- The right of withdrawal is lost for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where the seller ascertains:
the lack of the external packaging and / or the original internal packaging;
the absence of integral elements of the product or anomalies to the product itself;
damage to the product for reasons other than its transport;
a state of dirt of the product due to its use, which has compromised its integrity.
- The costs and risks of transport for the return are entirely borne by the customer.
- In case of forfeiture of the right of withdrawal, the seller will return the purchased good to the sender, charging the shipping costs to the same.
- The right of withdrawal is provided by law only for distance purchases, where the consumer has not been able to have the goods available, to see it and to consider its characteristics. Therefore, purchases made by Companies, Companies, Entrepreneurs, Freelancers and by all VAT holders are excluded from the right of withdrawal.
ARTICLE 7 - TREATMENT OF PERSONAL DATA
- The personal data requested when placing the order are collected by the seller and processed on IT media, in order to satisfy the obligations arising from the contract concluded with the customer and will in no case and in any way be transferred to third parties. The seller guarantees its customers compliance with the legislation on the processing of personal data, governed by the privacy code pursuant to Legislative Decree no. 196/2003.
- The data controller is PASQUALE MONTI, in the person of the sole owner pro tempore, unless a manager is appointed pursuant to art. 29 of Legislative Decree n. 196/2003.
- The customer, at any time, has the right to withdraw consent to the processing of personal data with written communication to be sent to the seller's registered office
- The customer, who declares to have received the information pursuant to art. 13 and its rights, pursuant to art. 7 of Legislative Decree no. 196/2003, has the right to access their data in the manner provided therein.
- The customer has the right to object, in whole or in part, to the processing of personal data concerning him, provided for the purposes of commercial information or for sending advertising materials or direct sales or for carrying out market research or communication interactive commercial and to be informed by the owner, no later than the time when the data are communicated or disseminated, of the possibility of exercising this right free of charge.
ARTICLE 8 - COMPLAINTS
- Any complaints must be addressed to the seller's office located in 80076 Lacco Ameno, P.le Lacco Fango, 96
ARTICLE 9 - JURISDICTION AND JURISDICTION
- The sales contract between the customer and the seller is concluded in Italy and governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is exclusively that of the Court of Naples.
- If the customer is intended as a "consumer" pursuant to Legislative Decree 206/05, the competent court is that of the customer's place of residence.
ARTICLE 10 - MODIFICATION OF THE SALES CONDITIONS
- The conditions contained in this document may be changed unilaterally by the seller without prior notice and will be valid from the date of publication on their website "www.montiartigianato.it".
ARTICLE 11 - POSTPONEMENT
- Although not expressly provided for in these conditions of sale, please refer to the provisions of the Italian Civil Code and to the legislation on distance selling and in any case to the current national regulations and local customs.