CONDITIONS OF SALE EDILACILIA

General conditions of sale for purchases on the site EdilAcilia

Introduction: the offer and sale of products on the website https://www.edilacilia.it/vendita-on-line/ are governed by these general conditions of sale. The products purchased on the site are sold by:

EdilAcilia Srl

Via Francesco Giuseppe Bressani,3

00125 Rome

P. IVA IT 05253151004

DEFINITIONS

    1. “Customer” is the buyer of Products that covers the status of consumer, meaning those individuals and legal entities that perform purchase and acting for purposes extraneous to the entrepreneurial or professional activity eventually carried out;
    2. “Site” is the set of web pages related to EDILACILIA;
    3. “Prices” are the costs of the Products listed on the site;
    4. “Delivery costs” are the costs of shipment of the Products;
    5. “Promotions” are sales made by EDILACILIA to special conditions for all or part of the Products and for periods of limited time;
    6. “Cart” is the virtual container on the site of the Products selected by the Customer for purchase;
    7. The “conditions of sale” are the rules herein governing the relationship between the Customer and EDILACILIA for the purchase of Products
    8. “Ready for delivery”: the articles directly shipped from our shop within __ hours at your home;
    9. “Articles on order”: items that require a delivery time greater because they will have to be ordered from our suppliers and their subsequent shipment to our and then to your home; for these orders, you will receive notification of taking charge of your order;
    10. “Delivery”: the delivery times fall within a range that goes from a minimum of two days to a maximum of four working days.

OBJECT

The offer and sale on the website EDILACILIA integrate a distance contract governed by articles. 50 following of the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003 no. 70 (c.d. The law on Electronic Commerce). The purchase of the products is destined for the consumer.
These Conditions of sale govern the contractual relationship between the Customer and EDILACILIA for the purchase of Products on the Site.
The Customer is obliged to carefully read the Conditions of sale which EDILACILIA at his disposal, also in order to enable the reproduction and storage of the remember Conditions in compliance with the provisions of the art. 12, co. 3° of the D. Lgs. no. 70/2003.

METHOD OF PURCHASE

  1. For the purchase of Products, the Customer must proceed to registration by entering your personal details, following the instructions provided by the recording program, and must complete and send to EDILACILIA the purchase order form in electronic format available on the website, following the instructions on the Site. Purchase orders must be accurately completed in every part.
  2. The Customer must place the Product (s) selected in the “Basket” and, after having reviewed and accepted the contribution for delivery costs, will be able to proceed with the purchase.
  3. If the Customer needs to modify the purchase order or to change some of the data contained in it must follow the proper procedure for modification contained in the site. In particular, the Customer shall have the right to change the amount of Products that it intends to purchase, adding or deleting one or more Products from the shopping Cart.
  4. At the end of this operation the Client will display a screen containing a summary of the purchase order, including delivery Charges, with a request for a further confirmation of purchase procedure.
  5. Subsequent to the summary view the Customer must select the type of payment you want and “click” the button “Go to checkout”.

THE CONCLUSION OF THE CONTRACT

  1. With the confirmation of the purchase order by the Customer, the conditions of sale and additional information contained on the site shall be deemed fully known and accepted by the Customer.
  2. The Confirmation of the Order by EDILACILIA sent to the Customer at the email address provided will constitute acceptance of the contract proposal.
  3. The contract is deemed concluded, and will be binding for both parties, at the time that the Order Confirmation will be sent to the Customer.
  4. The Order Confirmation sent via e-mail of EDILACILIA will contain the indication of the Product/s purchased; the price; means of payment; the costs of delivery, right of withdrawal, in compliance with the provisions of the art.13 of the D. Lgs. no. 70/03;
  5. After the payment you will receive an e-mail which will notify you of the receipt of the payment and since then decorate the timing for the preparation and shipment of your order;
  6. If our staff had to find errors in your order or believe your order is not evadibile in the time and manner required you will be given timely notification, which will indicate your order as DECLINED, if you should receive such a message please contact us by phone.
  7. And’ excluded any right of Customer to damages or compensation, and any contract or tort liability for direct or indirect damages to persons and/or things, provokes to you from the lacked acceptance, also partial, of an order or the cancellation due to non-payment within the stipulated period.
  8. In the catalog published on the site EDILACILIA the availability of the products, also constantly being updated can be changed in real time, and without notice.
  9. You are purchasing products viewable and described on our website and accept that the images of the products may not be perfectly representative of its characteristics but to differ for color and its shades, dimensions or accessories shown in the figure.

PAYMENT

  1. The prices of the Products are expressed in Euro and are inclusive of all taxes and/or applicable taxes;
  2. The prices of the Products are not inclusive of delivery Charges the amount of which will be indicated to the Customer in the order summary;
  3. The price of the Product is that indicated on the site at the time of the order. Can not, therefore, detect any increases or decreases in the price, also in correlation to sales promotions before or after the purchase order;
  4. The Customer can choose between three methods of payment: by account and/or credit card on the PayPal™; by bank transfer, by cash.
  5. Payment with PayPal™, the Customer must provide the required data that will be managed directly by PayPal™ without having to re-enter the data of your credit card or debit card. PayPal™ is a leading company in online payments.
  6. Payment by bank transfer, by selecting among the methods of payment at the time of the finalization of the transaction; in this case the shipment of the purchased product will be made only once we receive the bank transfer.
  7. Payment by cash, selecting among the methods of payment at the time of the finalization of the transaction; in this case, the shipment will be charged a fixed cost of 5.00 Euros for the service delivery.
  8. EDILACILIA does not accept other forms of payment not specified.

SHIPPING

  • The delivery of the products will be sent by courier and the times will vary depending on the destination, the time at which the order will be acquired and the availability of the Product itself.
  • For the goods available EDILACILIA will make the delivery to the Courier within 2-4 working days following the receipt of the purchase order.
  • Barring unforeseen circumstances the delivery times on the national territory will be equal to 2/4 working days from the delivery to the Courier. For more remote locations such as mountain resorts, smaller islands, extreme suburbs, the delivery time will be 4 working days.
  • At the time of shipment you will receive an e-mail confirming the shipment, containing the link and the relevant tracking code to be able to follow the status of the consignment through the website of the courier who took charge of your parcel.

Our system will calculate your shipping costs based on some parameters set by the courier, the national, and you can check the cost of your shipping at the end of the compilation of your order by reading the summary at the heading “Shipment”. Please carefully check the order summary and the costs listed in order to avoid problems of various kinds before you submit your order and especially BEFORE PAYMENT.

Delivery times after shipment and any delays do not depend on EDILACILIA that, however, will mediate and try to resolve with the courier any issues related to the delivery. The Customer, with the acceptance of our terms of use, exempts the EDILACILIA from any responsibility in this regard. For shipping, we will use the email address provided during registration to the site, and then fill carefully the address field is complete in every part.

After receiving the e-mail notification of shipment, the courier will deliver within the specified time depending on the locations to serve. We recommend that you contact the courier directly if you were not at home to arrange a delivery at certain times, in order to avoid incurring additional costs.

Pursuant to art. 63 of the Code of Consumption, the risk of loss and damage of the goods, for reasons not attributable to the seller, is transferred to the consumer in the moment in which the latter, or a third party designated by him other than the carrier, and enters materially into possession of the goods. However, the risk passes to the consumer upon delivery of the goods to the carrier if the latter has not been proposed by the seller to the consumer, who has autonomously chosen.

THE LEGAL GUARANTEE OF CONFORMITY

The consumer is in the private (understood as the physical person who buys goods for purposes not related to his professional activity, or makes the purchase without indicating in order form a reference to VAT) has the right to avail themselves of the legal guarantee of conformity, in accordance with articles 128 and following of the Consumer Code, in the event that you encounter a defect of conformity, the product does not work or does not have the quality or the performance that usually have goods of the same kind or does not correspond to the declared characteristics on the Site or on the label or in advertising), provided that denounces the vice of conformity found within 60 days from the discovery, and that the defect appears within 24 months from the date of delivery of the goods.

The legal guarantee of conformity applies only to products that present a conformity defect, provided the same is used correctly, respecting its intended use and as provided in the attached technical documentation. In case of lack of conformity, EDILACILIA will provide, without charge to the Customer, restore conformity of the product by repair/replacement or reduction of price, subject to evaluation of the laboriousness of the solution with respect to the value of the asset, up to the termination of the contract.

In cases where the application of the guarantees listed above could result in the liability for EDILACILIA to restore the conformity of the product by repair or replacement, the goods must be returned by Customer in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...)

WARRANTY FOR DAMAGED GOODS

Should you find inside your pack goods damaged, we invite you to send within 24 hours from receipt of the parcel an e-mail to our address info@edilacilia.it, with attached photographic documentation of the damaged goods. The e-mail must also contain the reference number of the order and shipping. With the opening of the practice, we will proceed with the reimbursement of the cost of the goods or, if you prefer, a new shipment of the goods damaged all at our expense.

THE RIGHT OF WITHDRAWAL

EDILACILIA recognizes the right of withdrawal as provided for by art. 52 and following of the Consumer Code. In particular, if the Customer is a consumer (ie a person who buys goods for purposes not related to his professional activity, or does the purchase indicating the order form a reference to VAT) has the right to withdraw from the contract of purchase, without the need to provide explanations and without any penalty. The product must be made in respect of the sold (intact and complete in the original packaging).

The Customer who wishes to exercise the right of withdrawal is obliged to notify within 14 calendar days starting from the date on which it enters in the physical possession of the good. You can do this with any explicit statement from which can be inferred the intention to exercise this right (registered letter, email,online) by filling the appropriate form downloadable, of which the following references:

Fax: +39.06.52.45.63.87

Fillable form: download PDF form

Contact us online : request right of withdrawal

Postal address: EDILACILIA s.r.l. -Via F. G. Bressani, 3 – 00125 Roma (RM)


EDILACILIA once you have received the communication of the Client who has the intention to withdraw (any way it is communicated), will contact you by phone, providing assistance, and the exact address where to ship the product.

For the proper exercise of the right of withdrawal by the Customer, it is stated that:

  • the user is liable for any diminished value of the goods resulting from the handling of the product other than what is necessary to establish the nature, characteristics and functioning of the product. The product must still be preserved, handled and inspected with ordinary care and returned undamaged, complete in all its parts, fully functional, with all accessories and leaflets, with identification tags, labels and disposable seal, if present, still attached to the product intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. You can exercise the right of withdrawal in relation to the product in its entirety and not to parts and/or accessories to it. In the event that on the packaging of the product is inserted the serial code of the same, it is part of the product and, consequently, the product must be returned in the original packaging, which will in turn placed in a further packaging, can not be affixed on the original packaging or any other label or ribbon;
  • the direct costs of returning goods will be borne by the Customer. The cost of returning the goods which, by their nature, can not be shipped by mail is indicated on the tax records of the receipt (Invoice or Receipt of purchase) (to know in advance, in detail, the cost of shipping just choose the product you are interested in and click the button "add to cart"; next to "Choose shipping method" you will find the cost of shipping). EDILACILIA reserve the right to check the returned goods to assess any damages or tampering not caused by transport.
  • The risks of the "journey" of return of the asset are charged to the consumer until the seller does not fall materially in the possession of the same.

The refund relates to the amounts paid for the price of the product, and will be made no later than 14 days from the communication by the Customer to exercise the right of withdrawal. The refund amount will be communicated to the user via e-mail.

In any case, refunds will be made by EDILACILIA with one of the following ways:

  • bank transfer if the Customer has paid with a bank transfer and/or mark;
  • Paypal if the Customer has paid with Paypal.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

As provided for by art. 59 of the Consumer Code, the right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated outside commercial premises is excluded with respect to:

(a) the supply of goods or services whose price and' tied to fluctuations in the financial market that the trader is not able to control and which may occur within the withdrawal period;
(b) the supply of goods made to specifications or clearly personalized;
c) the supply of goods which are liable to deteriorate or expire rapidly;
d) the supply of sealed goods which are not suitable to be returned for reasons of hygiene or related to health protection and were unsealed after delivery;
(e) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

Your rights

The identity of the company owner of the treatment of the data of the user are present at the beginning of this informative document.

The updated list of data Managers, appointed for such purpose, is found at the premises of the owner. Stakeholders to review it may request a complete list at the following e-mail address info@edilacilia.it

The user may, at any time and without formalities any, to exercise the rights referred to in art. 7 of the D. lgs. no. 196/2003 – "Code regarding the protection of personal data", by sending a notice to the e-mail address info@edilacilia.it

For greater completeness, is reproduced in full below the text of art. 7 of the Privacy Code:

Art. 7 – Right to access personal data and other rights

1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him, even if not yet recorded, and their communication in intelligible form.

2. The interested party has the right to obtain the indication of:

a) the origin of personal data;

(b) the purposes and methods of treatment;

c) the logic applied in case of treatment effected with the aid of electronic instruments;

(d) the identification details of the holder, data processors and the representative appointed under article 5, paragraph 2;

e) the subjects or categories of subjects to whom the personal data may be communicated or that can come to acquaintance in quality of representative designated in the territory of the State, managers or agents.

3. The interested party has the right to obtain:

a) the updating, rectification or, when interested, integration of data;

b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose conservation is not necessary in relation to the purposes for which the data were collected or subsequently processed;

c) the attestation that the operations referred to in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disseminated, excepted the case in which such fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right.

4. The interested party has the right to oppose, in whole or in part:

a) for legitimate reasons to the processing of personal data concerning him, even if pertinent to the purpose of collection;

(b) to the processing of personal data concerning him for purposes of sending advertising materials or direct selling or for carrying market research or commercial communication.

INFORMATION AND COMPLAINTS

For further information or clarification on the conditions of sale and on the products the Customer can contact us:

By phone at the number +39.06.525.83.30 from Monday to Friday , from 10:00 to 13:00 and from 16:00 to 19:30

Sending a communication to the e-mail address info@edilacilia.it

Use the form Contact on the website EDILPARATIACILIA.

APPLICABLE LAW AND DISPUTE RESOLUTION

The contract of sale between the Customer and EDILACILIA is concluded in Italy and governed by Italian Law. For the resolution of civil and criminal litigation that may result from the conclusion of this contract of distance selling, if the Customer is a consumer pursuant to the Consumer Code, the territorial competence is that of the hole of his town of residence or domicile; in all other cases, the territorial competence is exclusively that of the court of Rome.

For Clients domiciled in states of the european Union shall apply to articles. 15-17 Reg. 44/01 in the EU.

For customers domiciled outside of the European Union shall be brought exclusively in the Court of Rome.

ALTERNATIVE METHODS TO THE JUDGMENT

Together, the european directive on Alternative Dispute Resolution (ADR) and the Regulation (EU) no. 524/20013, constitute the legislative package on ADR-ODR, for the first time, introduces a set of coordinated and consistent rules: a web-based platform online for the whole of the Eu, and procedures for alternative dispute resolution.

ADR

The ADR is a procedure of alternative dispute resolution (in English, Alternative Dispute Resolution - ADR), which has the advantage of providing a quick, easy and out-of-court disputes between consumers and businesses.

The measure which introduced in Italy a new discipline of ADR procedures is the legislative decree 6 August 2015, no. 130 that has transposed the directive on consumer ADR 2013/11/EU.

According to article 49, paragraph 1, letter V of the Legislative Decree 6 September 2005 no. 206 (Consumer Code) the client can take advantage of the Joint Conciliation procedure.

The Procedure can be initiated if the consumer, after the presentation of complaint to the company, within 45 days, has not received a reply or received a reply not considered by him to be satisfactory.


The client who decides to avail himself of the procedure of Joint Conciliation is obliged to transmit the application to the following address: conciliazione@consorzionetcomm.it or to the fax number 02/87181126.

For more information please refer to: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl

ODR

The eu Regulation on Online Dispute Resolution (ODR) (regulation (EU) No 524/2013 of the european parliament of 21 may 2013, encompasses the procedures used to resolve key-word referable thereto disputes between businesses and consumers arising from contracts for goods and services entered into online.

Pursuant to art. 14 of the Regulation 524/2013 the user is informed that in the event of a dispute may submit a complaint through the ODR platform of the European Union, accessible at the following link:

http://ec.europa.eu/consumers/odr/

The ODR platform is an access point for users who wish to out-ofcourt disputes arising from contracts of sale or services online. For more information, please contact: info@edilacilia.it


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