1) General notes and definitions
1.1. The present General Conditions of sale, in compiling force at the time of the order by the Customer, regulate the sales made through this Website by ItalianGres S.R.L., headquartered in Formigine, in Via A.Pacinotti 2, 41043 Modena, tax code and VAT number 03884120365, in favour of consumers and/or professionals
1.2. Every sale made through this website, if in favour of a consumer, is therefore regulated by the Consumer Code (Legislative Decree N. 205/2006), articles 49 to 67.
1.3. When in the present General Conditions reference is made to „Products“, it is meant the goods analytically identified and listed in the specific site section.
1.4. The customer is invited to print out or conserve the present General Conditions according to the modalities he/she prefers.
1.5. In the interpretation of the present General Conditions, the terms indicated below, when written with a capital letter, have the following meanings:
1.5.a) „ItalianGres“: ItalianGres S.R.L. with registered office in Via A.Pacinotti 2, tax code and VAT number 03884120365.
1.5. b) “Customer”: a natural or legal person who purchases Products through the Order Procedure, be it a consumer or a professional (according to the definitions contained in the Consumer Code).
1.5. c) “General Conditions”: the present General Conditions of sale for online purchases on the Website www.italiangres.com
1.5. d) “Order”: the document summarizing all the Products chosen by the Customer, containing a description of the Products themselves and an indication of their corresponding prices. The document will be electronically generated by the Website, according to the choices made by the Customer. The Order will perfect the sales contract.
1.5. e) “Order Procedure”: the electronic transmission process of an Order to ItalianGres S.R.L., on the part of the Customer, Order made through the Website and regarding the purchase of Products.
1.5. f) “Products”: the products sold by ItalianGres S.R.L., as listed on the Website, among which the Customer can select the ones he likes best and insert them in his Order.
1.5. g) “Website”: the Website www.italiangres.com, in all its pages.
1.5. h) “Shipping costs”: the costs for the delivery of the Products indicated in the Order.
2) Completion of the contract
2.1. The indication of the Products on the Website, accompanied by their relative prices, constitutes an offer to the public. The Customer who wants to buy one or more Products can fill in the form provided on the Website itself and submit it. The purchase agreement will be thus perfected only when the Customer’s Order is correctly received.
2.2. It remains furthermore understood that the contract is perfected but it remains suspensively conditioned until the complete availability of the goods at the warehouses of ItalianGres S.R.L. or of its supplier and the evidence of payment are ascertained.
2.3. In case the Customer chooses to pay by bank transfer, the payment must be made within 3 working days from the Order, otherwise the Order will be considered as cancelled.
3.1. All the prices displayed on the Website are to be intended TAXES EXCLUDED.
3.2. The delivery costs are borne by the Customer; they are automatically calculated in consideration of the quantity of the selected Products and of their destination. In the Order, the Customer finds explicit reference to the delivery charges.
3.3. In the Order will be indicated, for each product, the price shown on the Website at the time of confirmation, without any consideration of previous offerings. Any subsequent change in the prices, of course, will not be applied to the already completed sales.
3.4 The maximum number of reimbursable samples is 3. The sum paid for the purchase of additional samples will therefore not be refunded.
4) Order / Order confirmation:
4.1. Orders must be made online through the Order Procedure present on the Website under the section called “How to buy online”. The Customer can rely on the successful completion of the Order Procedure only after having received the Order Confirmation.
4.2. Every time an Order is successfully submitted, a sale contract between ItalianGres S.R.L. and the Customer concerning the Products selected by the Customer shall be deemed perfected.
4.3. Once a sale contract is perfected, the Customer will receive an Order confirmation by e-mail (also valid for the purposes of Article 51 paragraph 7 of the Consumer Code); it will be sent to the e-mail address supplied by the Customer. This Order confirmation will contain a summary of the selected products and their corresponding prices (including the shipping costs), the delivery address, the order number (from now onwards “Order Number”) and the special conditions applicable to the Order. The Customer undertakes to verify the correctness of the data contained in the Order Confirmation and notify ItalianGres S.R.L., within 24 (twenty-four) hours from its receipt, any amendments. The failure on the part of the Customer to apply the necessary amendments exempts ItalianGres S.R.L. from any liability, and possible increases in costs determined by errors in the data non reported promptly will be charged to the Customer. The Order Number, generated by the system and communicated by ItalianGres S.R.L., must be used by the Customer during every successive communication with ItalianGres S.R.L.
4.4. The Customer is hereby informed that, at the time of the Order Confirmation, he will not receive an indication about the delivery date, and that the actual delivery date and time will have to be arranged by ItalianGres S.R.L. with the carrier appointed to deliver the wares to destination.
5) Payment methods:
5.1. The payment can be made as follows:
5.1.a) Credit Card and PayPal, in the modality indicated on the Website.
5.1.b) Bank transfer with the following modalities: Recipient ItalianGres S.R.L. P.I./C.F. 03884120365, IBAN: IT 65 T 05387 66781 000002078892 - SWIFT (BIC): (for transfers from abroad) – Reason: enter the Order Number
5.2. In case of the sub-hypothesis 5.1. b), the delivery of goods can be carried out only after the transfer has been credited on the beneficiary’s account, without prejudice to the provisions of Article 2.3 of the present General Conditions concerning the cancellation of Orders.
5.3. Due to security reasons concerning the transactions, ItalianGres S.R.L. reserves its right to request its Customers to send a copy of an identity document of the holder of the credit card.
5.4. If the Customer chooses to pay by credit card, the amount corresponding to the purchased Products will be charged to the Customer at the moment of reception of the Order Confirmation.
5.5. ItalianGres S.R.L. will issue an invoice for the purchased products. For the issue of the invoice, the information provided by the Customer by means of the “Personal data form” will be deemed valid. No change in the data will be possible after the issuance of the invoice.
6) Delivery methods:
6.1. The delivery is made to destination throughout the national territory (exception made for the Venetian lagoon and the smaller islands). For deliveries to the Venetian lagoon and/or to the smaller islands the Customer is invited to get in touch with an operator from ItalianGres S.R.L. in order to verify the feasibility of the transportation and quantify, if possible, its cost.
6.2. Similarly, for deliveries outside of the national territory and/or outside the European Union (except for the Republic of San Marino, for which are valid the principles affirmed in relation to the national deliveries), the Delivery Charges will be quantified to the Customer on request. In the calculation of the Delivery Charges, possible customs duties and/or any other restriction to the exportation of Products will be taken into account. The Customer will be free to make or not to make the Order once he has had cognizance of costs and transport times.
6.3. The unloading of the goods at the Customer’s must occur at the street level, in a place which is suitable for the unloading, accessible to the means of transport and where it is allowed to park the vehicle itself. Any request to transport the goods to in front of the entrance of the property, into the hall of the property, into the garage, at the upper or lower floors cannot be accepted. The Customer is obviously free to negotiate with the Transporter the delivery transport in the modalities described just above, carrying the entire costs and risks, costs and risks that ItalianGres S.R.L. won’t in any case bear.
6.4. The unloading of the Products, in conformity with the agreements made with the carrier, shall be responsibility of the latter, using the latter’s equipment. ItalianGres S.R.L. will not be liable for any damage caused by the Customer if he, personally or through his auxiliaries, provides to unload the Products. The Customer is entirely responsible for the disposal of the pallets and of the packaging in general, used for the delivery of the goods.
6.5. Approximately, the goods will be delivered within 15 working days starting from the reception of the Order Confirmation (by way of derogation of article 61 of the Consumer Code). The delivery date of the goods will be fixed by agreement between the Customer and the carrier. Were the carrier not able to come into contact with the Customer for 5 (five) working days from the moment the wares are available or were the Customer, after having established the delivery date with the carrier, not to be found for an equal period of time, the carrier will notify ItalianGres S.R.L. which will make the wares return to its central warehouse. The Customer may request ItalianGres S.R.L. a new delivery, provided this is done within 30 calendar days from the return of the goods and that he refunds ItalianGres S.R.L. the expenses it had to bear for the warehousing, for the return of the goods to the central warehouse and for the new shipment. The fare will be the one requested and applied by the carrier.
6.6 Should the Customer ascertain the existence of any breakages and damage caused by the transport, he must communicate these breakages in writing, always reporting on the shipping document the control reserve. In particular, without prejudice to the responsibility of ItalianGres S.R.L. for any damage occurred during the transportation, the customers will have the obligation to conserve the broken, not-functioning and/or defective Products, refraining from getting rid of them without the prior written consent of ItalianGres S.R.L..
The failure to comply with these provisions may affect the right of recourse for ItalianGres S.R.L. towards its sub-contractors and suppliers, which will entail the responsibility of the Customers for any prejudice originating from this.
6.7 The Customer will have to confirm that the place of delivery of the material is easily accessible by the means of transport and that its state does not present any particular hindrance and/or limitation with regard to transportation. In case of failure of communication if the transport requires an increased performance, the extra costs applied by the carrier will be charged to the Customer.
6.8 The Customer will have to confirm that the place of delivery of the material is easily accessible by a vehicle equipped with tail lift (medium size truck – payload about 35 tons) and that the delivery and the unloading of the goods will take place in a flat surface area which means in absence of height differences that would compromise the tail lift. In case of failure of communication if the transport requires an increased performance, the extra costs applied by the carrier will be charged to the Customer. The omission of this communication will not entail any responsibility on the part of ItalianGres S.R.L. and it will be a duty of the Customer to contact ItalianGres S.R.L. and directly agree with the same a new delivery.
6.9 The customer, in providing the data regarding the delivery address, certifies the authenticity and the correctness of the same. The delivery assignments will be carried out in accordance with the provided data, therefore, in case of errors (by way of example - wrong ZIP code, address, location etc.), the Customer relieves ItalianGres S.R.L. from any liability and/or prejudice that may ensue from this, including charges applied by the carrier for erroneous compilation and omitted information as set out at paragraph 6.7 and 6.8 (as the case of delivery of the goods outside of the agreed arrangements.)
6.10 Even before examining the goods, the Customer must observe if the carrier, at the time of delivery, handles the same goods in an inconsistent and improper way. Should this hypothesis come into being, the Customer will have to mark the control reserve on the shipping document, for improper handling on the part of the carrier.
6.11 The Customer must check the conditions of the packaging, which must be perfectly intact, neither damaged nor altered. Otherwise the Customer must mark the control reserve on the shipping document and, if possible, take photos.
6.12 In case some goods were missing and the packaging had been delivered open and/or tampered with, the Customer must mark the control reserve on the document.
7) Right of withdrawal
7.1 The Customer, if and insofar Consumer (as defined in Article 3 of the Consumer Code) is entitled to the rights set out in Articles 54 and following of the consumer code, within the limits set by these standards. He has therefore the right to withdraw from the purchase contract for any reason, without any explanation and any penalty, with the modalities set out below.
The consumer has the right, under the Consumer Code Legislative Decree 206/2005 and subsequent amendments and additions to withdraw from the contract within 14 days starting from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer acquires physical possession of the goods without any penalties and without having to provide any motivation.
To exercise the right of withdrawal, the Consumer is compelled to inform us of his decision to withdraw from the present contract through an explicit statement (e.g. a letter sent by post, fax or e-mail). Any notice of withdrawal can be sent to the following address:
VIA A.PACINOTTI 2
41043 FORMIGINE MO
C.F. E P.IVA 03884120365
In order to comply with the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
The right of withdrawal is exercised properly if the following conditions are met:
- The purchased product must be returned intact and in its entirety and perfectly suitable for the use it is intended for;
- The product must be complete for what concerns all its elements and all its parts (including the outer and the inner original packaging, accessories, any possible documentation) and equipped with its labels, identification tags and codes;
- At the time of return, the product must be returned as received by the Consumer upon delivery.
The Consumer is kindly requested to send back the goods or hand them over at our office, without undue delay and in any case within 14 days starting from the day he has communicated his withdrawal. The deadline is met if the consumer sends the goods before the expiration of the 14 days.
The direct charges for the return of the goods will be borne by the Consumer.
To this end, we specify the following: it is possible that the Consumer has purchased and wants to give back goods that, considering their size and weight, can be returned normally by post. It is however possible that the size and/or the weight of the goods that the Consumer intends to return are such as to prevent this return procedure; in this case the cost is estimated to be equal to a maximum of about € 300 + VAT, provided that the weight is equal to or lesser than 600 kg, and that the goods have a volume lesser than or equal to 2 cubic meters.
For the return of goods of greater size or weight and for the return of goods that are in the Venetian Lagoon or in the smaller islands, we suggest to the Consumer that he should previously contact a carrier, being it absolutely impossible for us to estimate the transport costs in such conditions.
To avoid damage to the product and the original packaging, it must be coated with additional protective packaging so that the integrity of the goods during transport is preserved.
The risk of loss of the good is subject to the full responsibility of the Consumer, until we certify that we have received the good at our warehouse, no matter if the shipping is concerned or in the event that the good is damaged for causes other than its transport.
We will do the refund within 14 days from the receipt of the goods, provided we have successfully carried out the verifications concerning the deadline for exercising the right of withdrawal, the integrity and suitability of the product and all the conditions set for the correct exercise of the right of withdrawal.
All payments made by the Consumer, including the delivery costs will be refunded. This reimbursement will be made using the same means of payment used by the Consumer for the initial transaction; in any case the Consumer will not have to bear any fees due to such reimbursement.
In the absence of the essential condition of integrity of the good and of the further conditions described above, the Consumer loses the right of withdrawal and the purchased product will remain available at our warehouse to be collected by the Consumer. ItalianGres S.R.L. will notify via specific communication.
8.1. For any complaint, the customer must use the following e-mail address: email@example.com
9) Final provisions
9.1 The Customer acknowledges and agrees that the goods subject of the sale and ceramic products in particular may have a shade of colour which is slightly different from the one visible in the pictures published on the Website. Being these chromatic differences that are tolerated in the trade of ceramic products and also impossible to predict and/or prevent, it is understood between the parties that the delivery of materials of a tonality which is slightly different from the pictures seen online does not constitute breach on the part of ItalianGres S.R.L..
9.2 Upon delivery of the goods the Customer will verify the conditions of these and will be obliged to inform the supplier about those vices that a person of average diligence could have detected after a careful inspection of the goods themselves. The Customer is in any case obliged to denounce the presence of evident defects within the terms permitted by Law, and in any case before proceeding with the installation of the products. ItalianGres S.R.L. will not be liable neither for the costs of installation of products that are evidently faulty or different from what was agreed, nor for the necessary expenses for the removal of such products and/or for the restoration of the premises and/or for any indirect and/or consequential damage that could be prevented by using ordinary diligence in examining the goods.
9.3 These general conditions are translated into different languages merely for reasons of courtesy; in any case of discrepancy between the different versions, the one in Italian language will be considered prevalent.
9.4 According to Article 49 paragraph 5 of the Consumer Code, the information provided under Article 49 paragraph 1 of the Consumer Code itself constitute an integral part of the contract; those conditions cannot be modified except with the consent of both parties.
The goods are usually delivered within 15 working days from the order confirmation. The delivery of the products you purchase online is traceable and we will contact you in order to arrange the delivery day. Delivery is at street level. To learn more about it see the section called “Delivery times and costs”.
The online payment process is secure thanks to the most consolidated data encryption standards. You can pay with PayPal, the main Credit Cards and also with a bank transfer.
Right of withdrawal
Only for online purchases subsists the right of withdrawal within 14 days. To learn more, consult the page about the right of withdrawal.
Right of withdrawal
Information obligations in distance contracts and contracts negotiated outside from business premises.
Information concerning the exercise of the right of withdrawal pursuant to art. 49, paragraph 4.