1) General notes and definitions
1.1. These general conditions of sale, in force at the time of the order by the Customer, regulate the sales made through the website, email/certified email, telephone or messaging tools, by ItalianGres SRL, with registered office in Formigine, via Ferrari 27 (I110), 41043 Modena, Tax Code and VAT number 03884120365, in favor of consumers and/or professionals.
1.2. Any sale made with the aforementioned methods, if in favor of a consumer, is therefore governed, for anything not expressly provided for, by the Consumer Code (Legislative Decree no. 206/2005), articles 49 to 67, to which express reference is made.
1.3. When, in these general conditions, reference is made to the "Products", it means the goods analytically identified and listed in the appropriate section of the website.
1.4. The Customer is invited to print and/or keep these General Conditions according to the preferred methods.
1.5. In the interpretation of these general conditions, the terms indicated below, if written with a capital letter, will have the meaning for each of them indicated below:
1.5.a) "ItalianGres": ItalianGres SRL, with registered office in Via Ferrari 27 (I110), Formigine, Tax Code and VAT number 03884120365
1.5.b) "Customer": the natural or legal person who purchases the 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": these general conditions of sale, which are valid for all online purchases (on the website www.italiangres.com) and purchases confirmed by email, telephone, or messaging tools
1.5.d) "Order": the summary document of the Products selected by the Customer, with a description of the Products themselves and an indication of the relative prices. The document will be generated according to the Customer's choices electronically by the Site or by the customer service operator. The Order will finalize a sales contract
1.5.e) "Order Procedure": the process of electronic sending to ItalianGres SRL, by the Customer, of an Order relating to the purchase of Products, made through the Site, by email, telephone, or messaging tools.
1.5.f) "Products": the products sold by ItalianGres SRL, as listed on the Site, among which the Customer can select those of his/her choice to be included in the Order
1.5.g) "website": the website www.italiangres.com, including each of its pages
1.5.h) "Delivery Costs": the costs of transporting the Products indicated in the Order.
2) Execution of the contract
2.1. The indication of the Products on the Site, correlated by the relative prices, constitutes an offer to the public. The Customer who intends to purchase one or more Products can fill in the form provided on the site itself, and forward it, or request the Products he/she intends to purchase via email, telephone, or other messaging tools. The sales contract will therefore be finalized only when the Customer's Order is correctly received.
2.2. It is also understood that the contract is executed under the condition of the verification of payment and total availability of the goods at the warehouses of ItalianGres or its suppliers.
2.3. In the event that the Customer opts for payment by bank transfer, the payment must be made within 3 working days of receipt by the Order; otherwise, the order will be considered canceled.
3) Order Confirmation
3.1. Orders must be placed online through the Order Procedure on the Website or via email, telephone, and other messaging tools. The Customer can rely on the correct completion of the Order Procedure only when he/she has received the Order Confirmation.
3.2. Whenever the Order is correctly forwarded, a sales contract between ItalianGres and the Customer will be considered executed, concerning the Products selected/indicated by the Customer. Once a sales contract has been completed, the Customer will receive the Order Confirmation (also valid for the purposes of article 51 paragraph 7 of the Consumer Code) at the e-mail address indicated or via WhatsApp or other messaging tools used by the customer for formulating the order; This Order Confirmation will summarize the selected Products, the relative Prices (including Delivery Costs), the address for delivery, the order number (hereinafter the "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 to communicate any corrections to ItalianGres within 48 (forty-eight) hours of receiving it. Failure to rectify will exempt ItalianGres from any liability. Any increase in costs, caused by errors in the data not reported promptly, will be charged to the Customer. The Order Number, generated by the system and communicated by ItalianGres, must be used by the Customer in any subsequent communication with ItalianGres.
3.3. The Customer is hereby informed that, at the time of the Order Confirmation, he/she will not receive a punctual delivery date as the date and time of the actual delivery will be subsequently agreed with ItalianGres or directly with the carrier in charge of delivering the goods at the destination.
4.1. All prices displayed on the site are net of taxes. Taxation is calculated at checkout based on the actual country of destination of the goods
4.2. Delivery costs are charged to the customer; as regards online orders, they are calculated automatically according to the quantity of the selected Products and their destination. In the Order, the Customer finds explicit mention of the Delivery Costs.
4.3. The Order will indicate, for each Product, the price shown on the Website at the time of sending confirmation, without any consideration of previous offers. Obviously, any subsequent price changes will not be applied to sales already completed.
4.4 The maximum number of refundable samples is 3 (three). Unless otherwise agreed, the sum paid for the purchase of further samples will therefore not be refunded.
4.5. Shipments to Great Britain and Switzerland are subject to duties and value added tax, if these are not calculated and indicated in the order confirmation, the customs will request payment from the recipient. If the payment to customs does not take place, ItalianGres will be required to proceed with the return of the goods by charging the customer the transport costs as specified in point 8) Right of withdrawal
5) Payment methods
5.1. Payment can be made as follows:
5.1.a) Credit card, PayPal, Sofort, Klarna, Apple Pay, Giropay, EPS, Bancontact, iDeal and Bitcoin as indicated on the Website;
5.1.b) Bank transfer
5.2. In the cases under 5.1.b), the delivery of the goods can be made only after the transfer has been accredited to the account of the beneficiary, without prejudice to the provisions of article 2.3 of these General Conditions concerning order cancellations.
In order to guarantee secure transactions, ItalianGres reserves the right to request a copy of the identity document of the cardholder.
5.4. If the Customer opts for payment as per 5.1.a), the amount corresponding to the Products purchased will be charged to the Customer together with the communication of the Order Confirmation.
5.5. ItalianGres will issue an invoice for the Products purchased. For the issuance of the invoice, the information provided by the Customer with the "Personal Data" form will prevail. No change in the data will be possible after the issuance of the invoice.
6) Shipping and Delivery
6.1. Delivery is made up to destination by specialized transporters hired by ItalianGres.
6.2. The unloading of the goods at the Customer must take place on the street level, in the most suitable and accessible place for unloading, where the vehicle is allowed to stop. Any requests to transport the goods to a different place (in front of the entrance to the property, in the entrance to the property, in the garage, on the upper or lower floors) will result in an exemption from liability by ItalianGres with reference to any damage to persons or things other than the materials transported. The Customer obviously remains free to negotiate with the Transporter the delivery transport in the manner described above, fully bearing any additional costs and risks, which will not be charged in any case to ItalianGres.
6.3. The Customer must confirm that the place of delivery of the materials is easily reachable by vehicles and that it doesn't present particular impediments and/or limitations for the purposes of transport and unloading by means of the tail lift. In case of non-communication, if the transport involves a higher performance, the additional costs applied by the carrier will be charged to the Customer.
6.4. The Customer, while providing the data relating to the delivery address, also certifies the correctness of the same. The transport assignments will be fulfilled in accordance with the data provided, therefore in the presence of errors (by way of example incorrect postcode, address, place, etc.), the Customer exempts ItalianGres from any liability and/or prejudice that may derive from it, including a cost charge applied by the carrier for erroneous compilation and omitted information referred to in point 6.3 (since it is a matter of delivery of the goods outside the agreed terms).
6.5. The unloading of the products, in accordance with the agreements made with the carrier, must be carried out by the latter using the latter's equipment. ItalianGres will not be held accountable for damages caused by the Customer if the latter, personally or through their auxiliaries, unloads the Products. The disposal of pallets and packaging in general used for the delivery of the goods are the sole responsibility of the Customer.
6.6. As an indication, the goods will be delivered within 15 working days from the payment of the Order (notwithstanding article 61 of the consumer code). The date of delivery of the goods will be fixed by agreement between the Customer and ItalianGres; in the event that the carrier is unable to contact the Customer for 5 (five) working days from the moment of availability of the goods or the Customer, after fixing the delivery date with the carrier, cannot be found for the same period, the carrier will notify ItalianGres which will return the goods to its central warehouse. The Customer may request a new delivery from ItalianGres as long as it does so within 30 calendar days from the return of the goods and reimburse ItalianGres for the costs incurred for the storage, the return of the goods to the central warehouse, and the new shipment. The rate will be the one requested and applied by the carrier.
6.7. The Customer must verify the exact quantitative correspondence of the goods, or check that the number of packages, parcels, and pallets ordered coincides with what is indicated in the Delivery Note and/or the Accompanying Invoice. Otherwise, the Customer must put the reservation or the specific and motivated description of what was detected on the Delivery Note or Accompanying Invoice.
6.8 The Customer, even before examining the goods, must observe whether the carrier handles the goods in a non-compliant and improper manner upon delivery. In this case, the Customer must highlight the control reserve on the delivery note due to improper treatment by the carrier.
6.9. The Customer must check the condition of the packaging and the goods which must be perfectly intact, not damaged or altered. Otherwise, the Customer must put the reservation or the specific and motivated description of what was detected on the Delivery Note or Accompanying Invoice. If this description is omitted, the reserve will have no value, therefore no claim or request can be asserted.
The Customer who refuses to accept the delivery of the goods, because they are damaged, broken, or for any other reason, must also in this case affix the reserve or the specific and motivated description of what has been found on the Delivery Note or Accompanying Invoice.
The Customer, in consideration of the above, must always take photos at the time of delivery, which must show all the problems encountered, none excluded. In particular, the photos must show the damaged pallet before opening it and then the damaged packages on the open pallet.
Once the specific and justified reservation has been made, the Customer must notify ItalianGres in writing at the following e-mail address: email@example.com. The aforementioned communication must necessarily be accompanied by the following documentation: photo of the damaged material placed in the original position on the pallet, description of the problem, delivery note, or accompanying invoice.
6.10. Pursuant to art. 1698 of the Italian Civil Code, the Consumer has 8 (eight) calendar days from the delivery date to report any anomalies or damages that are not recognizable and evident upon receipt of the goods; it follows that after the aforementioned term has elapsed, no claim or right can be asserted against ItalianGres. More specifically, ItalianGres will not be liable in relation to damage caused to the materials supplied due to negligent and/or imperishable installation activities carried out by personnel directly appointed by the customer. The Customer must send a communication containing the following information and documents to the following e-mail address firstname.lastname@example.org no later than 8 (eight) calendar days from the delivery of the goods to ItalianGres:
- Delivery Note and/or Accompanying Invoice
- Description of the damage and/or anomaly found
- Sending photos of the external packaging and damaged goods
6.11. The Customer exempts ItalianGres from any liability and cost deriving from any delays in the delivery of the material, as, unless otherwise agreed, no refunds are provided for the consequent costs, or even only connected ones, incurred by the Customer in relation to the management of the construction site.
7) Order Cancellation
Before the shipment of the goods by ItalianGres, the Customer can always cancel the order and will be entitled to a full refund of the same.
If the Customer decides to cancel an order already in the shipping phase, the latter will in any case be delivered and reference must be made to the Right of withdrawal specified in point 8)
8) Right of withdrawal
8.1. The Customer, as a "Consumer" (as defined in Article 3 of the Consumer Code), has the rights referred to in Articles 54 and following of the Consumer Code within the limits provided for by this legislation. He/she, therefore, has the right to withdraw from the purchase contract for any reason, without explanation and without any penalty, in the manner specified below.
The Consumer has the right pursuant to the Consumer Code Legislative Decree n. 206/2005 and subsequent amendments and additions to withdraw from the contract within 14 days 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 penalty and without having to provide any motivation.
To exercise the right of withdrawal, the Consumer is required to inform ItalianGres of his decision to withdraw from this contract by means of an explicit declaration (for example a letter sent by e-mail).
Any notice of withdrawal can be sent to the following address: email@example.com
To meet the withdrawal deadline, you need only send the communication about exercising the right of withdrawal before the withdrawal period has expired.
The right to return goods is understood to be exercised correctly if the following conditions are met:
a) the purchased product must be returned intact and, in its entirety, and perfectly suitable for its intended use; packed in its original packaging to preserve the integrity of the goods during transport.
b) the product must be complete in all its elements and in all its parts (including external packaging and original internal packaging, accessories, any documentation and provided with relative labels, identification tag, codes);
c) The Customer is requested to send back the goods or to deliver them to our office, without undue delay and in any case within 14 days from the day on which he communicated his withdrawal.
The transport costs for the return of the goods are always charged to the customer
At the customer’s request, ItalianGres offers the return collection and shipping service at a cost normally proportional to the outbound shipping costs.
The risk of perishing of the goods is subject to the full responsibility of the Consumer, up to the certificate of receipt of the goods at the ItalianGres warehouse, whether it is a shipment or if the goods are damaged for reasons other than the transport.
We will proceed with the refund within 14 days of receipt of the goods, unless we have successfully carried out the checks relating to the deadline for exercising the right of withdrawal, the integrity and suitability of the product and all the conditions listed for the correct exercise of the right of withdrawal.
All payments made by the Consumer will be reimbursed, including delivery costs. This refund will be made using the same payment method used by the Consumer for the initial transaction; in any case, the Consumer will not have to incur any costs because of this reimbursement.
In the absence of the essential condition of integrity of the goods and the additional conditions described above, the Consumer loses the right of withdrawal, and the purchased product will remain available at the warehouse for collection by the Consumer. ItalianGres will send a notice by means of a specific communication, to define with the customer the best solution.
9) Force majeure
9.1. The non-fulfillment by ItalianGres that is prevented by unforeseeable objective circumstances and beyond its control will not constitute a breach of the obligations assumed in the orders and contracts. In this regard, events of force majeure, wars, fires, floods, general strikes, lockouts, embargoes, and public authority orders, possibly also linked to pandemics / epidemics, will be considered.
9.2. The party that is prevented from fulfilling its obligations by an event of force majeure must notify the other party and take all reasonable measures to remedy this impediment and continue the fulfillment of its contractual obligations.
10.1. ItalianGres, for the sole purpose of managing the contractual supply/purchase relationship, will use the data concerning the customer necessary to execute the contractual relationship. These data are collected in digital archives managed by ItalianGres and processed in a manner that is strictly necessary for the indicated purpose. These data will be transmitted only to those who intervene in the business process and who process them in compliance with specific legal obligations.
11.1. For any possible complaint, the Customer must use the following e-mail address firstname.lastname@example.org
12) Closing provisions
12.1. The Customer acknowledges and agrees that the goods being sold, particularly the ceramic products, may have a slightly different color tone from that of the photos published on the Website. Since these chromatic differences are tolerated in the trade of ceramic products and impossible to predict and/or prevent, it is convened between the parties that the delivery of material of slightly different shades compared to the photos viewed online does not constitute a breach by ItalianGres.
12.2. At the time of delivery of the goods, the Customer will check the conditions of these products and will be required to report to the supplier those defects that a person of average diligence could have detected following a careful inspection of the goods themselves. The Customer is in any case required to report the presence of obvious defects in the goods within the terms of the law, and in any case before proceeding with the installation of the products. ItalianGres will not be responsible for the costs of installing products clearly flawed or different from what was agreed, nor for the costs necessary 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 have been prevented by using ordinary diligence in examining the goods.
12.3. These general conditions are translated into several languages for reasons of mere courtesy; in any case of inconsistency between the different versions, the one in Italian language shall prevail.
12.4. Pursuant to article 49 paragraph 5 of the Consumer Code, the information provided pursuant to article 49 paragraph 1 of the same Consumer Code forms an integral part of this contract; these conditions cannot be modified without the consent of both parties.
13) Applicable law and jurisdiction
13.1. Orders and contracts are governed by Italian law.
13.2. For any dispute that may arise in relation to or because of orders or contracts, their effectiveness, validity, execution, interpretation, resolution, and termination, as well as any inherent or connected relationship and any related reason, the court of Modena will be addressed as the competent authority.
via Ferrari 27 (I110)
41043 FORMIGINE MO
CF AND VAT number 03884120365
Phone: 351 57 90007
We only offer first choice products, attention to detail and quality research are our values.
Our goods travel insured, we promptly replace any damage.
Buy in peace of mind, if the goods have not yet been shipped, you can cancel your order for free.
Our experience is at your service, we are at your disposal 7 days a week. Contact us by phone or email.