General Conditions for the offer and sale of products on the website www.atipico.it
Publication date: January 2nd 2019
The offer and sale of products on the website www.atipico.it (“Website”) are governed by these contractual conditions of sale (“General Conditions of Sale”).
The products (together with the related prices) - as indicated on the Website - represent an offer made to the public in the manner specified in these General Conditions of Sale and on the Website. These General Conditions apply exclusively to purchases made on the Website by purchasers identifiable as “consumers” pursuant to the Consumer Code.
The Purchaser must read carefully (i) these General Conditions of Sale, made available by La Piacentina S.p.A. in pdf format on the Website so that they can be saved and copied, as well as (ii) all the other information included on the Website, both before and during the purchasing procedure.
Parties not included in the category of so-called "Consumers" are invited to contact the customer service department of La Piacentina S.p.A. - at the following e-mail address firstname.lastname@example.org - in order to make any purchases. The Company reserves the right not to fill any purchase orders received via the Website that were not placed by a consumer.
The products purchased on the Website are sold directly by La Piacentina S.p.A., with registered office at Via J. F. Kennedy 20, 46019 Viadana (MN), Mantua Companies Register, Tax Code and VAT no. IT01275110201, Share Capital €. 1,225,500.00.
Purchaser: means a consumer pursuant to art. 3 of the Consumer Code
La Piacentina S.p.A. or Company: means La Piacentina S.p.A.
Consumer Code: means Decree 206/2005
Privacy Code: means, taken together, the rules specified in Regulation (EU) 2016/679, Decree 101/2018 and Decree 196/2003
General Conditions of Sale: means these contractual conditions governing the offer and sale of products and services on the Website by La Piacentina S.p.A.
E-Commerce Decree: means Decree 70/2003
Parties: means, taken together, La Piacentina S.p.A. and the Purchaser
Website: indicates the Internet site www.atipico.it
Persons under the age of 18 are not allowed to purchase products on the Website.
In order to purchase products on the Website, the Purchaser (even if not registered and, therefore, operating in “guest” mode) must follow the instructions given on the Website and, in particular:
- complete the related electronic “order form”:
- adding the products to be purchased, found on the Website, to the so-called “cart”;
- inputting the identification details of the Purchaser (if operating in “guest” mode);
- inputting the delivery address (including the street number);
- selecting the methods of payment and shipment;
- read the General Conditions of Sale, including in particular the conditions, deadlines and procedures for the exercise of withdrawal rights, and the privacy information presented on the Website;
- send the “order form” to the Company.
Registration with the Website enables the Purchaser to manage purchases more easily and quickly and, in particular, to:
- check the status of the order and the history of orders placed;
- manage delivery addresses;
- manage personal profile information;
- amend newsletter registration status concerning the receipt of commercial communications;
- amend and supplement the desired methods of payment.
The “order form”, displayed before submission (and, therefore, before the contract is completed), provides a summary of the essential characteristics of each product ordered, detailed price information (including all applicable taxes), the selected method of payment and any related costs, the selected method of delivery and any related costs, the delivery address and the expected delivery lead-time. The information stated on the “order form” is an integral and essential part of these General Conditions of Sale and, accordingly, is deemed to be fully known and accepted by the Purchaser when submitting the “order form”.
Submission of the “order form” means that the General Conditions of Sale have been read and accepted together with, more generally, the information stated on the “order form”, and that the privacy information has been read.
The purchase and, consequently, the underlying contract is completed on receipt of the “order form” by the Company which, to evidence the completed purchase, sends the Purchaser, at the e-mail address communicated by the latter, an “order confirmation” (quoting the “order number”) summarising the products purchased, their prices, the selected method of payment and any related costs, the selected method of delivery and any related costs, the delivery address and the expected delivery lead-time.
An order cannot be amended independently; should the Purchaser wish to amend the order, the customer service department must be contacted without delay - and, in any case, within (and no later than) 60 minutes from submission of the “order form” - and the instructions given by the latter must be followed scrupulously.
The Company reserves the right not to fill any purchase orders for products that are unavailable or that are incomplete or incorrect or for which payment is not sufficiently guaranteed. In these cases, La Piacentina S.p.A. will inform the Purchaser on a timely basis - and, in any case, within 72 hours of receipt of the “order form” - that the Company has decided not to accept the purchase order, giving the related reasons. In such circumstances, the contract between the Parties is understood to have been terminated and, if payment has already been made, the Company will reimburse the amount paid.
- complete the related electronic “order form”:
Payment is made on submission of the “order form” to the Company.
To pay the price of the products and the related shipping and delivery expenses, the Purchaser must select and indicate on the “order form” one of the many methods available. This choice will be evidenced in the “order confirmation”.
The information provided for this purpose (e.g. credit/debit card number, expiry date) will be sent, if applicable, to the bank that provides remote electronic payment services to the Company, using an encrypted protocol so that third parties are unable to access it in any way. Additionally, this information will never be used by the Company except to (i) complete the procedures related to the purchase; (ii) issue any related reimbursements; (iii) prevent fraud on the Website or report it to the police.
Should the Purchaser elect to make payment by bank credit transfer, the products will only be shipped and delivered after their price has actually been credited to the bank current account held in the name of La Piacentina S.p.A.
- Shipment and delivery of products
The Company makes shipments and deliveries, with all costs borne by the Purchaser, to addresses in Italy, Andorra, Austria, Belgium, the Channel Islands, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland and the United Kingdom, using specialist carriers specifically selected and engaged by La Piacentina S.p.A.
Parties wishing to receive products in territories not listed above are invited to contact the customer service department of La Piacentina S.p.A. at the following e-mail address email@example.com. The Company reserves the right not to fill any purchase orders placed by Purchasers wishing to receive products in unlisted territories.
For the shipment and delivery of products, the Purchaser must select and indicate on the “order form” one of the methods available and the relevant information. This choice will be evidenced in the “order confirmation”. The products ordered will be delivered at ground level (any method of delivery not at “ground level” must be requested on the “order form” and will be considered by the Company, with adjustment of the shipping costs).
The information provided for that purpose (including, for example, the delivery address) will only be used in order to execute the contract.
The Purchaser or an authorised person is requested to be present at the time of delivery in order to check that the external packaging is clean and undamaged and that the products received agree with the order placed. In the case of visible defects, such as wrong quantity and/or wrong product or damaged external packaging, La Piacentina S.p.A. requests the Purchaser (or authorised person) to record the anomalies found on the transport document and contact the customer service department of La Piacentina S.p.A. without delay.
Without prejudice to the delivery lead-time estimated with reference to the chosen shipping method (stated on both the “order form” and the “order confirmation”), products purchased on the Website will be delivered, in all cases, within 30 (thirty) days of completion of the contract.
With regard to shipments outside of the territory of the Republic of Italy, any additional customs clearance costs will be incurred and borne by the Purchaser, as the Company cannot know or estimate the amount of those additional costs.
The customs policies of each country vary considerably and, accordingly, the Purchaser must contact the local customs office to obtain all additional information.
The Purchaser who places orders on the Website and requests delivery in a country other than Italy is deemed to be an “importer”: consequently, that Purchaser is required to comply with the legislation and regulations in force in the country in which the ordered products are received.
Prior to placing an order on the Website, the Purchaser must ensure that importation of the desired item is not forbidden by the laws in force in the destination country.
Customs officials in certain non-European destination countries might request the specific identification number of the recipient of the package before shipment is made. As the importer of the package, the Purchaser and the recipient, if different, might have to supply that identification number, whose “name” might vary depending on the destination country.
- Right to withdraw and reimbursement
The Purchaser is entitled to withdraw from the contract completed with La Piacentina S.p.A., without any penalty and without giving any reason, within fourteen (14) days from the date of receipt (by the Purchaser or authorised person) of the products purchased on the Website.
In order to withdraw from the contract, the Purchaser must either:
- complete the withdrawal form (available on the Website) and submit it directly on line via the Website (in which case the Company will send an e-mail to the Purchaser, using the e-mail address provided by the latter, confirming receipt of the withdrawal request) or
- prepare another explicit declaration of the decision to withdraw from the contract and send it to the Company (in which case the burden of proving proper and timely exercise of the right to withdraw rests with the Purchaser).
After exercising the right to withdraw from the contract, the Purchaser must return the products acquired to the Company - at his/her own expense - by delivering them to the courier for shipment within fourteen (14) days of the moment in which the Purchaser informed the Company about the decision to withdraw from the contract. This deadline is respected if the Purchaser sends the products acquired prior to expiry of this 14-day period.
The Purchaser is responsible
- for any reduction in the value of the products as a result of handling them more than would be strictly necessary in order to determine their nature, characteristics and functioning. The products may be checked, but must not be used or damaged in any way; accordingly, they must be stored with due diligence and returned whole, perfectly suitable for their intended use and without any signs of wear or soiling, complete in every part and accompanied by the original packaging and protections as received, together with all accessories and explanatory sheets and with any identification tags, labels and single-use seals, if applicable, still attached to the products in their original form, without alterations. The products sold on the Website are originals and are sent in authentic packaging; on return, the products must be sent back as received, in their original packaging and accompanied by the original protections that keep them whole and complete, including any accessories and/or elements that are an integral part of them (e.g. identification tag with single-use seal);
- for any loss of or damage to products during return transportation.
If the right to withdraw is exercised in accordance with the above conditions, La Piacentina S.p.A. - after having received and checked the products (with reference to the above requirements) with a positive outcome - will reimburse any amounts already collected for the purchase of the products.
If the value of the products for which the right to withdraw has been exercised has been reduced, by handling them more than would be necessary in order to determine their nature, characteristics and functioning, the amount of the reimbursement will be decreased by an amount equal to that reduction in value. La Piacentina S.p.A. will inform the Purchaser – by e-mail - about the situation and the consequent reduction in the amount of the reimbursement within 7 (seven) working days of receiving the products, and will then make the partial reimbursement or, if reimbursement has already been made in full, send its bank details to the Purchaser for payment of the amount due to La Piacentina S.p.A. as a result of the reduction in the value of the products returned. As an alternative to partial reimbursement, the Purchaser may request (re)delivery of the products in the state in which they were returned to La Piacentina S.p.A. In that case, it is considered that the right to withdraw was not exercised and the products will be held by La Piacentina S.p.A. for collection by the Purchaser, which must be arranged at the expense and under the responsibility of the latter.
If withdrawal is not exercised in compliance with the applicable clauses and, in particular, aside from failure to comply with the specified deadlines, if the products are not complete in every respect and/or accompanied by their accessories and/or elements that are an integral part of them (e.g. identification tag, single-use seal, original packaging and protections etc.) or, in any case, if they are found to have been used, such withdrawal will not result in termination of the contract and, consequently, will not entitle the Purchaser to reimbursement of the amount paid for the products. La Piacentina S.p.A. will inform the Purchaser - by e-mail - about the situation within 7 (seven) working days of receiving the products, rejecting the request to withdraw. If the products have already been received back, La Piacentina S.p.A. will hold them for collection by the Purchaser, which must be arranged at the expense and under the responsibility of the latter.
La Piacentina S.p.A. will make the reimbursement using the payment method chosen by the Purchaser when purchasing the products returned, unless agreed otherwise by the Parties. If the recipient of the products indicated on the “order form” and the person who paid the amount due for their purchase are not the same, the amounts reimbursed on exercise of the right to withdraw will be paid, in all cases, to the person who made the payment.
The Purchaser is entitled to the legal warranty envisaged in arts. 128-135 of the Consumer Code, which covers so-called conformity defects for a period of 2 years from the date of delivery.
This warranty, among other matters, requires the Purchaser to notify La Piacentina S.p.A. about any conformity defects found in the products acquired within 2 (two) months of discovery, subject otherwise to loss of the related warranty cover.
A conformity defect exists when the product purchased:
- is unsuitable for the use to which goods of the same type are normally put;
- does not comply with the description made by La Piacentina S.p.A. and does not possess the qualities of the goods that the Company presented to the Purchaser as samples or models;
- is unsuitable for the specific use desired by the Purchaser that was made known to and accepted by La Piacentina S.p.A. on completion of the contract.
Accordingly, the scope of application of the warranty does not cover any damage or malfunctions caused by accidental events or attributable to the Purchaser (for example, usage not in accordance with the instructions given by La Piacentina S.p.A. in the documentation accompanying the product, or improper use) or usage of the product in a manner inconsistent with its intended use and/or that envisaged in the technical documentation attached to the product, if applicable, or in any case already in the public domain.
Certain products presented on the Website and offered for sale are made by artisans and, therefore, depending on the special craft/manual processes applied (for example but not limited to (i) dyeing and/or hand finishing, (ii) staining of solid wood), may display certain “imperfections”; such “imperfections” do not represent product defects, but rather a feature of the craft processes that distinguish them from other items that are mass produced.
Some products shown on the website and offered for sale are to be assembled and they are supplied along with the related assembly instructions to be strictly followed by the Buyer. Therefore, any damage caused to the products by the Buyer during assembly cannot be considered as a lack of conformity.
In any case, La Piacentina S.p.A. shall be under no circumstances required to install the products offered for sale on the Website.
Further to any complaint, after assessing a lack of conformity, the Buyer shall have the right to ask for product repair or replacement, without prejudice to any other right provided in the Consumer Code.
- Customer Service and Complaints
In order to obtain information - as well as to send notifications, request assistance or make complaints - the Purchaser may:
- write to La Piacentina S.p.A. - Customer Service Department - Via J.F. Kennedy 20, 46019 Viadana (MN), Italy;
- send an e-mail to the following address firstname.lastname@example.org;
- call the number +39 0375833124 between 08:30 am and 6 pm, from Monday to Friday
- ODR platform, pursuant to the provisions of (EU) Regulation No. 524/2013, please note that the European Online Dispute Resolution (ODR) platform is provided by the European Commission to consumers and traders to make online shopping safer and fairer through access to quality dispute resolution tools: http://ec.europa.eu/consumers/odr/;
The data of the Purchaser is processed by La Piacentina S.p.A. in compliance with the regulations governing the protection of personal data, as specified in the information provided on the Website in the section www.atipico.it/privacy, and having regard for the provisions of arts. 8 and 9 of the E-Commerce Decree.
- Applicable laws
The General Conditions of Sale are governed by Italian law and, in particular, by the Consumer Code and the E-Commerce Decree.
- Amendements and updates
The General Conditions of Sale may be amended, not least to take account of any regulatory changes. The new General Conditions of Sale will take effect from the date of publication on the Website. In all cases, individual purchases are subject to the General Conditions of Sale published on the Website at the time of submitting the “order form”.