Ecommerce General Terms and Conditions - Archiproducts.com
1. Recitals of Consideration
These general conditions of sale and use hereby indicated (hereinafter the "General Conditions") shall apply to both the EU and Italian territories. The General conditions are regulated by the Directive 2011/83/Eu of the European Parliament and of the Council of 25 October 2011 on consumer rights. These General Conditions shall be applied exclusively to online purchases.
Via Loiacono n. 20, 70126 Bari (Italia)
VAT number: 05611580720
Registered at REA entry n. 429007 | ROC 21492 | Share capital: € 250.000 (fully paid up).
Tel: +39 080 5543553
Fax: +39 080 9995130
This document is legally binding for both parties, as it is the agreement between the web user, also mentioned as the "Client", and Edilportale.com SpA. By using our navigation services on our site and our ecommerce services you are requested to accept our General Conditions hereby listed.
2. GENERAL CONDITIONS
Edilportale.com SpA allows all users to purchase products (hereinafter the "Products") offered on its Site. The Site allows purchases only to users that:
b) Have read and accepted the General Conditions before the purchase;
Edilportale.com SpA shall retain the right to prevent the use of our Site to those who act in breach of these "General Conditions".
Any changes and/or new clauses shall come into force upon their posting in the "General Conditions for ecommerce" on the Site.
Should any changes occur, the applicable version of the General Conditions shall be the one posted on our site when the Client sends the purchase order summary (hereinafter "Purchase Order"). Therefore, may we suggest users to visit this section regularly, in order to verify the updated version.
Should Clients refuse to accept the changes in our General Conditions, they shall refrain from purchasing products on our portal and will be entitled to ask for cancellation of their registration.
3. GETTING REGISTERED ON OUR PORTAL
In order to be able to purchase products on the Site it is necessary to go through a registration procedure.
Getting registered allows the Clients to avoid writing their personal data each time they want to purchase a product. It also allows for monitoring shipments, processing claims and returns.
In order to safeguard quality and security of our ecommerce platform, we retain the right to refuse a new registration or to cancel an "account" at any time, should it be involved in illicit activities.
Should you fail to register and accept our General Conditions you will not be able to purchase any products on our portal.
Clients can register either by filling in our registration form or by using their Facebook and Google+ accounts. In either case, Clients will need a password to log in, that can be changed at any time. The registration will be confirmed via email, that we will send to the email address provided by the Client. Username/email address and password represent "Registration Credentials" and Clients will need them to access our platform.
All Registration Credentials are personal and cannot be given to third parties.
Registration Credentials can be changed by users at any time, by accessing our site and following this pattern: Profile – Account Settings – Change Password. Should Clients believe that their credentials have been stolen, lost or misused, they are required to inform Edilportale.com SpA.
By registering Clients are required to provide correct and true data and accept liability for any false or fraudulent information, and for all kinds of behaviour, which might be prosecuted. Clients also accept to keep Edilportale.com SpA harmless from any sanctions, compensation requests linked to and/or deriving from any breach of registration rules. Clients are responsible for accessing their own account by using the Registration Credentials assigned to them. They are also liable for any damage or prejudice caused to our platform performed via their Registration Credentials.
Any activity performed through a set of Registration Credentials shall be considered as carried out by the Client whom those Registration Credentials are associated with.
All registrations shall be carried out by using legally active email addresses. Any profiles created with the email address belonging to a different person, or a temporary email, an email address already in use or a non-validated email address, may not be accepted. The registration procedure may not be finalised or, if finalised, the profile may be cancelled with no previous notification.
Users can change the provided email address at any time by accessing the site and following this pattern: Profile – Account Settings – Change Mail.
Users can also cancel their Account by logging onto the site and following this pattern: Profile – Account Settings – Disable Account.
4. INFORMATION ABOUT GOODS FOR SALE
The Goods for sale on the Site are a number of items created by Manufacturers acting in the furniture, architecture and construction industry (hereinafter the "Manufacturer"). Their trademarks are visible on our Site next to each Product for sale.
The following information on the Goods for sale form an integral part of the sale contract between Edilportale.com SpA and the Client: the present General Terms and Conditions, trademark, Product name, Products variations, price, Product availability, transport modes, shipping costs, delivery methods and times, payment terms.
All images and descriptions of products posted on our site are provided by Manufacturers. They keep Edilportale.com SpA harmless from any liabilities related to any discrepancies between the ordered product and its description on the site. Nevertheless, in case of any grave discrepancies the Client has the right to terminate the contract or to a price reduction.
All prices on the Site are indicated in Euro (€), unless differently specified in the Product data sheet. All prices on the Site are VAT included. Shipping costs are calculated according to the delivery place location and are listed separately. Delivery times indicated correspond to a minimum and maximum estimated delivery dates.
Goods for sale on the site may have limited quantities or may be available for a limited time. Clients shall always check for availability next to each Product.
5. SELLER ROLE
Goods can be sold and shipped either directly by their Manufacturer or by Edilportale.com SpA. Our site shall always inform the Client whether a product is being sold and shipped by its Manufacturer or by Edilportale. The name of the "Seller" (hereinafter the "Seller") shall be clearly visible next to each Product. Specifically, the Client will find the expression a) "Sold by Name of the Manufacturer", when it is sold directly by the Manufacturer, or b) "Sold by Archiproducts", when it is sold by Edilportale.com SpA.
When goods are sold by their Manufacturer, Edilportale.com SpA acts solely as provider of platform and ecommerce services, thereby declining any liability regarding the commercial relations between the buyer and the third-party Seller. In such cases the Seller shall be the sole liable party involved in the sale of products, their shipment, their delivery and in processing any possible returns, withdrawals or controversies with the buyer.
6. PURCHASE ORDER PROCEDURE AND PAYMENT METHODS
Clients can buy one or more Products posted on the Site by clicking on the button "Add to cart". Once all the desired articles are in the cart, the Clients can buy the Products by clicking on the button "Proceed to Checkout". The following steps of the purchasing procedure will need a registration to the Site.
During the purchasing procedure Clients can add their personal data, shipping address of the goods, data for possible invoicing, selected payment method, authentication credentials for payment. After filling in the form, Clients have the chance to check and edit the data. Once data are validated, Clients can finally send the Order (hereinafter "Purchase order") by clicking on the button "Buy".
Sending a Purchase Order is an irrevocable commitment by the Client to perform a purchase. It can be put under scrutiny only when provided for by the Italian Law and regarding the "Right of Withdrawal" as per paragraph n.12.
All Purchase Orders are recorded on the platform and Clients can see them at any time by accessing the Site under the section named 'My Orders'. Once the Purchase Order has been sent, Clients shall receive an Order Recap in their mailbox, at the email address provided in the Registration Form. The Order Recap shall bear all the elements of our contract, such as: product specifications, its price, selected payment method, shipping costs, delivery time. Nevertheless, Clients are advised to keep the email received as proof of their purchase, by recording it on electronic media.
The payment can be made via Paypal, Credit Card (via PayPal) or via Bank Transfer.
In case of payment by credit card, the Client shall receive the "Order Confirmation" via email, which includes confirmation of the correct reception of the order, lists all the purchased items and confirms the correct reception of payment by Edilportale. The contract between Edilportale and the Client can be understood as concluded upon reception by the Client of this confirmation email. All payment information input by the Client in financial circuits (credit card number, security codes) is managed through a SSL (Secure Sockets Layer) Protocol connection and shall not be recorded in our systems in any way.
In case of payment by bank transfer, the Client shall receive the "Order Summary" via email, which lists all the purchased items and includes instructions to pay via bank transfer. Clients acknowledge and accept that the Order Confirmation email by Edilportale.com SpA and the closure of the contract shall be finalised only after Edilportale has verified that the relevant amount has been credited on its bank account. After this check, the Client shall receive the "Order Confirmation" via email. The contract between Edilportale and the Client can be understood as concluded upon reception by the Client of this second confirmation email.
In case of payment by bank transfer, verification cannot take longer than 5 (five) days from the payment order sent by Clients to their bank. Clients can speed up this process by sending a bank transfer receipt to the following email address: email@example.com
Should Edilportale fail to receive payment (via credit card or via bank transfer) within 15 days from the date of the Purchase Order, it shall reserve the right to cancel the order.
Edilportale.com SpA retains the right to reject, at its sole discretion, any purchase order coming from any user, that might seem peculiar in relation to the quantity of items purchased or frequency of performed purchases.
It is hereby agreed and stipulated that Edilportale shall start all Order processing operations just upon receiving the confirmation of payment by the Client.
Clients shall request specific fiscal or accounting documents during the Purchasing Procedure. In particular, legal persons may specify their VAT number and require the invoice for their Purchase Order to be sent by Edilportale via email. Due to administrative reasons, the issuance of purchase invoices requested after the order may not be guaranteed.
All invoices shall be issued as per the information provided by the Client in the Purchase Data section of the Site. For this reason Clients are kindly requested to verify such information thoroughly.
8. PURCHASE ORDER CANCELLATION
Clients wishing to cancel their Purchase Order shall proceed within 24 (twenty four) hours from the order issue date. Later Clients will be allowed to cancel only those orders waiting for payment. It is also possible the full or partial cancellation of the ordered articles still not accepted by Edilportale and waiting for processing.
Cancellations requested by Clients as per paragraph n. 8.1 shall not entail any additional costs. Edilportale will then refund the Client with the whole amount paid. The Order status has reliance on the information posted on our Site under the section named "My Orders".
9. REFUND FOR UNAVAILABLE GOODS
Goods for sale may suddenly become unavailable due to goods being sold out. This might happen even after the Purchase Order registration. Should a product become unavailable, the buyer shall be informed either by phone or by email within 20 (twenty) days from the Order date, and the Purchase Order shall be modified only with regard to the unavailable product.
Should a buyer have already paid for the unavailable item, Edilportale shall refund the sum paid by the buyer, including shipping costs, within 10 (ten) days starting from the date the buyer receives the communication advising the unavailability of the purchased product. The buyer shall be informed by email about the exact amount refunded. This amount will be credited to the buyer using the same payment method chosen by the Client to perform the relevant purchase, or via bank transfer.
Edilportale shall not be liable for any delays in the crediting of refunded sums that are due to the banking houses used by buyers to perform payment. In any case, the value date of the refund shall be the same of the payment, in order to further protect the buyer.
10. DELIVERY TERMS
Deliveries shall be made at the postal address provided by Clients when performing the purchase procedure and recorded in the Purchase Order. Therefore, Clients are responsible for the address provided. Sellers shall not be liable for any mistakes related to shipments or wrong delivery of products, due to mistaken or incomplete information provided by Clients when filling in their Purchase Orders.
Edilportale delivers worldwide. However, some products may not be available in all geographic areas. Clients are always able to view the purchasable products in each country, and the related costs, through the pre-selection of the country, based on IP address, or by the drop-down menu in the footer. The availability in the geographical area indicated by the user is confirmed in the purchase form in any case.
Delivery times are listed on the website as a date range (minimum-maximum delivery date), and take into account production and shipment lead time. On the Site, delivery times are calculated according to the location recognized by the browser used by the Client, and supposing a payment made by Credit Card (the most immediate crediting method). As soon as the Client fills in the Order form with all the details about his/her delivery address and payment method, the Site will promptly update the delivery time. Deliveries are made by means of the most appropriate courier service related to the type of goods and shipping area. Indicatively, the shipment lead time vary from 1 to 3 working days for Italy, from 2 to 6 days for European countries and from 8 to 10 days for other destinations.
In case of payment via bank transfer, Edilportale will process the order only after verifying the actual crediting on its bank account. Therefore, the bank processing time should be added to the delivery lead time indicated in the Order Summary.
Clients hereby acknowledge and accept that goods sold and shipped by different Sellers in one Purchase Order necessarily entail different delivery times and costs for each product. Clients are kindly invited to always check the delivery times provided by the different Sellers and posted next to each Product on the Site.
Clients hereby acknowledge and accept too that when all products included in one Purchase Order belong to the same Seller, goods might be shipped and delivered in different ways and times, according to availability and manufacturing lead time of each one. This is worth for Edilportale, because it sells products from different trademarks. Therefore, Clients are kindly invited to always check the delivery times posted next to each Product, even if the Seller is the same.
When products are sold and shipped by Edilportale, deliveries shall always be carried out by courier from Monday to Friday between 08:00 am and 06:00 pm. The Carrier shall try to deliver the goods once (twice for international shipments) at the address provided by the Client. Should the Client be absent the first time, the Carrier shall leave a notice stating the first delivery attempt (the second one for international shipments) at the indicated address. Should the delivery attempt fail, the Carrier shall contact Edilportale in order to arrange the following activity. The Products shall be kept at the Carrier's facilities for 5 (five) calendar days for free. After further 20 (twenty) calendar days the Order shall be automatically cancelled . Edilportale.com SpA shall refund the Client with the value of the Order except for shipment and storage expenses; these shall be debited to the Client. The termination of the contract and the amount to be refunded shall be advised to the user by email. The refund will be credited to the Client via the same payment method used for the purchase, or by bank transfer.
Unless otherwise specified, Edilportale's shipping policy provides delivery to the Client at street level. Edilportale does not deliver items in apartments nor provide product installation services. All exceptions shall be negotiated before the Purchase.
When products are not sold by Edilportale, information regarding shipment and delivery may vary as per seller. Clients are advised to check for this information on our site by clicking on the especially created link named "Contact the Seller". In such cases the Seller shall be the sole liable party concerning shipment and delivery.
Products can only be delivered to the Client or to a person bearing full confidence of the buyer and acting as Consignee on his behalf. The Client or the Consignee shall check that packaging is pristine and clean at delivery time and that the Products received coincide with the ones listed in the relevant Purchase Order.
The risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Client when the Client, or a third party by the Client designated and other than the Carrier, physically comes into possession of the good.
The Seller, being either Edilportale or the Manufacturer selling on his own behalf, shall not be liable for damages to the products or for any shipment delays occurred after collection of the products by the Carrier.
Should the Client or the person acting as Consignee on behalf of the Client find that products have visible defects, such as wrong number of packages, or lack of integrity of packaging, the Client or the Consignee shall immediately advise this by writing it in the shipment documents provided by the Carrier. Moreover, the Client or Consignee shall contact Edilportale or the Seller on the platform and also by registered post within 3 (three) working days after the anomaly is found.
When the Seller country and the Buyer country are different, additional customs duties may apply at the time of delivery. In such cases the product data sheet shall bear clear information on this issue. Customs policies vary considerably from Country to Country. Clients are kindly advised to contact their Country Customs Agency in order to verify if any ancillary tax or duty shall apply.
In case of delays in deliveries or non-delivery, the Client shall inform the Seller by clicking on the link "Contact the Seller" in the personal area. The Seller shall contact the Client within 3 (three) working days.
Both Edilportale and Sellers shall not be deemed liable for any delays in shipment or deliveries due to: national or local bank holidays, strikes, riots, natural disasters, accidents, theft or robbery. Should the force majeure event persist for more than 3 (three) months, the Order shall be automatically cancelled.
11. PRODUCT CLAIMS
Should Clients find that there are problems with the products received, they have the right to directly contact the Seller's Customer Service, may it be Edilportale or the Manufacturer selling on the site, within 3 (three) days from delivery, in order to advise any discrepancies with their Order, may these be wrong items, damaged items, defective items or items with missing parts.
Any returned item shall be replaced. The Seller may be entitled to opt for a refund as an alternative to product replacement.
The return file is open upon reception of the documents sent by the Client, these may include photos of the damage claimed. Customer is advised to keep the original packaging and the delivery document.
In case of a Return, the Seller shall contact the Client within 3 (three) working days in order to shorten waiting time and provide all necessary information regarding the return procedure, specifically, the delivery place for the returned item and the label to be placed on the package.
When a product is returned, it is the Client's responsibility to package the item, and all its parts, correctly inside the original packaging material in order to avoid damages.
The replacement product manufacturing process and its shipment shall start upon reception of the returned product. Replacing a product or a part of it may require the same or longer shipment and delivery time indicated in the relevant Purchase Order.
All expenses linked to returning and replacing a product, as indicated in the above mentioned clauses of this section, shall be borne by the Seller.
12. RIGHT OF WITHDRAWAL
According to the Code of EU Online Rights and the Directive 2011/83/EU of the European Parliament, Clients can exercise the right to withdraw from a Purchase Contract (hereinafter "Right of Withdrawal"), without providing any reason. This shall also entail no penalties.
The right of withdrawal can include all purchased goods (complete withdrawal) or only part of them (partial withdrawal).
In order to exercise the right of withdrawal, Clients shall send a withdrawal communication within 14 (fourteen) days starting from the day the products are physically delivered to a Client or to a Consignee acting on behalf of the Client, and either subject signs the delivery note thereby accepting the goods. The Client is free to withdraw in his own words, provided his/her statement desribing his/her decision to withdraw is unequivocal or to use the
Withdrawal Form, also available in the 'Orders' area. The withdrawal information should be sent as follows, at the Client's discretion:
Registered post to: Edilportale.com SpA, via Loiacono, 20 – 70126 BARI (Italy),
email : firstname.lastname@example.org
Fax: +39 080 9995130.
When the Seller is other than Edilportale, our customer service will forward the withdrawal request to the Seller. Further information on how to exercise the right to withdraw from purchase, may be directly asked to the Seller by clicking on the link "Contact the Seller" in the reservedarea 'Orders'.
The right of withdrawal shall not be applicable to the supply of goods made to the consumer’s specifications, i.e., non- prefabricated goods made on the basis of an individual choice of or decision by the consumer. If the right of withdrawal is not applicable on the products on sale, the Site shall show the phrase "right of withdrawal not applicable" in the product data sheet, in the page of the purchase procedure or in the order confirmation sent via email. Clients are kindly invited to always check the presence of this phrase.
When Clients correctly exercise their right of withdrawal, they will receive an email message at the email address provided when registering. This email shall bear all the necessary instructions in order to return products: file number, how to label packages and where to send the packages (or the contact numbers of a forwarding agent with whom Clients can arrange the pickup).
For the products sold by Edilportale, the address where the goods are to be returned is: Edilportale.com SpA, via Loiacono, 20 – 70126 Bari, Italy- When the Seller is other than Edilportale, the address where the goods are to be returned is the same of the Seller's, as indicated in the product sheets and in the Order Confirmation.
The Product/s shall be returned to the Seller not later than 14 (fourteen) days after having informed the Seller about his/her the decision to withdraw from the purchase. The postmark date will determine the real posting date, alternatively, the collection date by the forwarding agent shall be considered as the return date.
If the Client has exercised his right of withdrawal in accordance with the provisions set forth in these terms and conditions, the Seller will fully reimburse all payments received from the Client, including shipping costs. The reimbursement will be carried out using the same means of payment as the Client used for the initial transaction, without undue delay and, in any event, not later than 14 (fourteen) days from from the day on which we are informed about the Client's decision to withdraw from his/her contract. The Supplier may withhold reimbursement until the goods are received back or the Client has supplied evidence of having sent back the goods, whichever is the earliest.
The Client will have to bear the direct cost of returning the goods.
If the goods, by their nature, cannot normally be returned by post, please find below the maximum shipping costs estimated, by product type:
- Bulky items (e.g., sideboards, sofas): €500
- Small items, up to 10kgs: €50
The goods shall be returned in resalable conditions, preferably their original packaging and together with all accessories. Clients are liable for any diminished value of the goods when these are handled differently from the provided instructions regarding verification of an item's nature, features and function. Should this happen, the Seller reserves the right to require a refund from the user due to the decrease in value of the product. Therefore, even if the law in force does not oblige the Buyer to purchase an insurance policy on the goods returned, when exercising the right to withdrawal, may we suggest that Clients acquire one.
All products are sold with a "Legal Guarantee of conformity" in compliance with the Directive 2011/83/EU.
Manufacturers are the sole and direct liable party in case of production defects or diversity of the goods. In any case, warranty on products sold on Edilportale platform shall be exercised by the Manufacturer of each item as per the methods and time limits indicated by law.
In line with the above mentioned "Legal Guarantee" Manufacturers are liable for all flaws becoming visible within 2 (two) years from the delivery date of the relevant product.
The Legal Guarantee provides for the Consumer to advise the Manufacturer of any flaws found in the purchased item within 2 (two) months from the moment it becomes visible . As soon as the information is communicated to the Manufacturer, the Consumer shall be entitled to have the item repaired or replaced, with no prejudice to all other rights provided for by this law in favour of Consumers.
The Legal Guarantee shall not be applicable to products that have been repaired, modified or in any way changed by the user. By the same principle, the Legal Guarantee shall not be applicable to any malfunctions, flaws and damages caused by incidents or due to responsibility of the user, or when the product has been used differently from the description in technical documents provided or for a different purpose than the one indicated by the Manufacturer, or in a way that runs counter to the user instructions provided.
Clients shall contact Edilportale Customer Service writing to email@example.com in order to exercise their warranty. Our Customer Service shall provide all necessary information supporting Clients in exercising their rights.
Clients shall only be able to access their warranty when they have their proof of purchase available.
14. LIABILITIES OF EDILPORTALE.COM SPA
Edilportale.com SpA shall not be liable for loss of turnover, gains, data or for any other indirect damage of any type deriving or linked to contracts drafted under the General Conditions.
Edilportale.com SpA liability for platform malfunctions such as: wrong Order confirmation reception due to a block of the email service, cyber-attack, and denial of service, shall never be over the total value of the Purchase order.
Edilportale.com SpA liability in connection with the sale of products on its platform shall never be over the price paid by the Client for a product. This rule does not apply in case of gross negligence or wilful misconduct.
15. PERSONAL DATA
Please refer to the detailed description of how we use personal data, provided while registering to the services offered by Edilportale SpA.
16. LEGAL NOTES – APPLICABLE LEGISLATION
The General Conditions are regulated by European laws; all contracts concluded via our platform are to be intended as concluded in Italy. However, should one or more clauses of this document become invalid due to a final decision of a competent Court or due to a change in the Italian laws in force, all other clauses shall continue to be valid.
Edilportale.com SpA shall not be liable for any breach of the obligations described in this document or deriving from any contracts concluded under the General Conditions in case such breach is due to unforeseeable circumstances or force majeure, including (merely as examples): natural disasters, terrorist attacks, malfunction of the internet, and/or blackouts.
17. CONTACT US
Clients shall be able to contact us at the following postal address, telephones and emails:
Via Loiacono, 20
70125 BARI, ITALIA
Tel: +39 080. 5543553
Fax: +39 080. 9995130
Customer Service email: firstname.lastname@example.org
In case of claims, Clients can write to email@example.com or use the link "Contact the Seller" posted in the 'Personal area'. The Seller shall undertake to answer the Client's claim within 3 (three) working days of receipt of the Claim.
The Court of Bari shall have exclusive Jurisdiction and the Italian law shall apply, unless the Italian laws in force provide differently.