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
Email: [email protected]
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. In the event that, in order to ship the purchased product, there are additional shipping costs that were not calculated in the order, these will be requested subsequently in an email to the Customer. Customer will have the option of not accepting such costs by cancelling the order. 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".
The order placed by the Client will be considered as an offer to purchase, valid for the items listed in the order. The Client shall receive an "Order Confirmation" email in case of payment by Paypal or credit card, or a "Order Summary" email, in case of payment by bank transfer. The automatic emails will state that the order has been successfully transmitted to our systems, and do not not constitute acceptance of the offer, which will be completed only upon verification of data and availability of the products required. The purchase contract will be finalized only when the item(s) are labeled as "Processing" in the client's reserved area "Orders", available on the website.
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 an "Order Confirmation" email to state that the order has been correctly transmitted and the payment has been successfully received. 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. After Edilportale has verified that the relevant amount has been credited on its bank account, the Client shall receive the "Order 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 protected]
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.
If, due to unspecified errors in the platform or other drawbacks, the price indicated in the website is lower than the correct selling price of a product, Edilportale will contact the Client to verify his/her willingness to complete the purchase at the correct price. If not, the order will be canceled and refunded within 14 calendar days through the payment method chosen by the Client for the first transaction. Equally, if the correct price of a product is lower than the one stated on the website, Edilportale will charge the Client only for the lower price and will return the surcharge to the Client within 14 calendar days.
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 price applied, 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.