These general conditions of sale (hereinafter “GCS”) are valid exclusively between the company ATELIER VERDERAME s.r.l.s with registered office in 73100 Lecce, Via Don Bosco 9, VAT number and Tax Code 05100540755 (hereinafter “AV”) and any person who makes purchases online at www.AtelierVerderame.it (hereinafter “CUSTOMER”).
These conditions may be subject to change and the date of publication of the same on the site is equivalent to the date of entry into force.
In order to accept these GCS, the user must first have the legal capacity to enter into legally binding contracts. By completing the registration form on this Website, the user therefore declares that he or she is of legal age and has the capacity to act.
If you do not agree or do not wish to accept the terms and conditions of these Terms and Conditions, it is sufficient for you not to register or continue to browse the Website or access the services or content.
These conditions govern purchases made on the site www.AtelierVerderame.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on electronic commerce.
ARTICLE 1 – object
With these GCS, AV sells and the CUSTOMER buys at a distance the movable goods (hereinafter “PRODUCTS”) offered for sale on the website www.AtelierVerderame.it (hereinafter “SITE”). The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to the address www.AtelierVerderame.it and the realization of a purchase order according to the procedure provided by the site itself. The customer agrees to read, before proceeding to the confirmation of his order, these CGS, in particular the pre-contractual information provided by AV and to accept them by checking the box indicated.
ARTICLE 2 – pre-contractual information for the consumer –
article 49 of Legislative Decree 206/2005
The CUSTOMER before the conclusion of the purchase contract, takes vision of the characteristics of the goods that are illustrated in the individual product sheets at the time of the choice by the CUSTOMER.
Before the validation of the order with “obligation to pay”, the CUSTOMER is informed about
– total price of the goods including taxes, with details of shipping and any other cost;
– method of payment;
– terms of delivery;
– conditions, terms and procedures for exercising the right of withdrawal (art. 13 of the GCS) as well as the standard withdrawal form in Annex I, Part B of Legislative Decree 21/2014;
– information on the costs that the CUSTOMER will have to bear in case of withdrawal;
– existence of the legal guarantee of conformity for the goods purchased;
– conditions of after-sales service and commercial guarantees provided by AV.
The CUSTOMER may at any time and in any case before the conclusion of the contract, get acquainted with the information related to AV, geographical address, telephone number, e-mail address, information that is reported, also below:
Atelier Verderame srls
Registered office: Via Don Bosco 9, Lecce
ARTICLE 3 – site registration
Registration to the Site is free. To register the user must fill out the appropriate form, entering his name, surname, e-mail address, password and click on the “Continue” button.
ARTICLE 4 – user responsibility
The User declares and warrants that the information provided to the Site for registration and access, services and content, are true, complete and up to date.
The User also undertakes to use in a lawful manner and not to transfer to third parties the access credentials (Username and Password) provided at the time of registration. In addition, the User assumes sole responsibility for any action related to his username and password, whether carried out personally or by others and agrees to indemnify and hold harmless AV from any damage or claim arising from the use or misuse of their credentials.
If you believe that your password has been violated, you must immediately inform AV by contacting the Technical Support Service at firstname.lastname@example.org.
ARTICLE 5 – conclusion and effectiveness of the contract
The sales contract is considered concluded when AV sends the CUSTOMER an e-mail confirming the order. The e-mail contains the CUSTOMER’S data and order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly notify AV of any corrections/changes to be made.
AV undertakes to describe and present the items sold on the website in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product shown on the site and the real product. In addition, the photographs of the products presented on www.AtelierVerderame.it not constitute a contractual element, as they are considered only representative.
ARTICLE 6 – availability of products
The availability of products refers to the actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because:
– the products could be sold to other CUSTOMERS before the confirmation of the order, due to the simultaneous presence on the site of multiple users;
– there could be an anomaly such as to make available for purchase a product that actually is not.
Even after sending the order confirmation e-mail from AV, there may be cases of partial or total unavailability of goods. In this case, the order will be automatically rectified with the elimination of the unavailable product or products and the CUSTOMER will be immediately informed by e-mail on how and when to refund the amount paid.
ARTICLE 7 – methods of payment
Any payment by the CUSTOMER may be made by bank transfer, credit card, debit card and Paypal.
Payments may also be made using Gift Cards and Loyalty Vouchers.
The communications relating to the payment and the data communicated by the CLIENT at the moment in which this is carried out take place on special protected lines. The security of payment by credit card is guaranteed by certification VBV (Verified by VISA) and SCM (Security Code Mastercard).
ARTICLE 8 – prices
Al l sales pr ices of the product s shown on the si te www.AtelierVerderame.it are in Euros and include VAT and do not include shipping costs.
The CUSTOMER accepts AV’s right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated in the order confirmation e-mail sent by AV to the CUSTOMER.
In case of computer error, manual, technical, or any other nature that may result in a substantial change, not foreseen by AV, of the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 9 – mode of delivery
AV will accept orders for delivery throughout the national and international territory. The products will be delivered to the address indicated by the CUSTOMER at the time of order.
AV is not obliged to ship the products until it has received full payment of the price.
Orders are shipped every weekday from Monday to Friday, in case of orders placed on weekends and/or holidays the same will be processed on the first working day.
Product deliveries will be made according to the procedure and costs reported at the following link. (…)
In case of refusal of delivery of the order, the CUSTOMER will be charged the shipping costs and all other costs arising from the return to AV.
For each order placed on the Site, AV will issue an invoice containing all data provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
ARTICLE 10 – passing of risk
The risks relating to the products shall pass to the Buyer from the moment of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery, should this occur at a later date.
ARTICLE 11 – legal guarantee of conformity
The characteristics of each Product are shown on the Site within each product sheet, however the colors of the same may not correspond to the real ones due to the effect of the internet browser and monitor used.
The Products are guaranteed against any lack of conformity existing at the time of delivery, as provided for by articles 130 and 132 of the Consumer Code.
In the event that the customer believes that the products purchased are defective can return them by exercising the right of withdrawal in the manner provided in Article 13 of the GCS.
All the products are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code in case of purchase of defective products, which malfunction or do not respond to the use declared by the seller or for which that good is generally intended.
In presence of a conformity defect, within the term of 14 days, the consumer has the right, to its choice, to the reparation or substitution of the PRODUCT from part of the vendor, without charge of expenses. If the repair and replacement are impossible or excessively expensive, the customer will be entitled to a price reduction or to have back an amount, commensurate with the value of the goods, against the return of the defective product.
ARTICLE 12 – withdrawal
In accordance with the legal provisions in force, the purchaser has the right to withdraw from the online purchase of products within a period of 14 days pursuant to Articles 52 and 57 of Legislative Decree 206/2005, starting from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it using the form on the site at the following link.
The goods must be returned intact, in the original packaging, with all labels intact and complete tax documentation (invoice, receipt …). AV reserves the right to carefully examine the returned PRODUCT and communicate to the CUSTOMER the acceptance or rejection of the return.
In case of rejection of the return, the CUSTOMER will be entitled to request, at his own expense, the return of the products in the state in which they were returned by notifying AV within 7 days. After this deadline AV may retain the products, in addition to the amounts already paid for the purchase and dispose of them at its discretion, having to understand the inaction of the customer as a final waiver of ownership of the products returned.
In case of acceptance of defective products, AV will refund the sums paid to the Customer using the same means of payment chosen by the CUSTOMER during the purchase process net of transport costs for the subsequent return.
In case of withdrawal for purchase made with gift card and loyalty voucher, the amount will be returned to the CUSTOMER with a purchase voucher identified with a promotional code that will be sent to the CUSTOMER’s e-mail address. The purchase voucher will be valid for 90 days and can be used by the CUSTOMER for subsequent purchases in one go. It is understood that all gift vouchers will expire on December 31 of the year of issue.
ARTICLE 13 – data processing
Users will be informed by a message to the email address provided when registering on the Website, or other means of communication (e.g. notification on the Personal Profile, …) within 30 days of the entry into force of the new rules, in case of substantial changes in the way personal data is processed. The user undertakes to keep his personal data constantly updated.
However, users are invited to carry out periodic checks on the Informative so as to be kept up to date on the practices regarding the protection of personal data.
ARTICLE 14 – limitation of liability
AV does not assume any responsibility if, due to unforeseeable circumstances or force majeure, it is not able to execute the order in the expected time or if any other inefficiency occurs.
AV will not be responsible towards the Customer, except in case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet and outside the power of control and management of the Company itself.
AV will not be responsible for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to the same Company, having the Customer only the right to a refund of the price paid.
AV does not assume any liability for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, when paying for products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment.
ARTICLE 15 – customer care – communications and complaints
The Customer may request any information from Atelier Verderame s.r.l. through our customer service department
via email at email@example.com
ARTICLE 16 – intellectual property rights
The distinctive signs, trademarks, names, images, photographs, written or graphic texts used on the Site or relating to the Products are and remain the exclusive property of Atelier Verderame s.r.l.s. and are protected by copyright and by the rules of the Industrial Property Code (Legislative Decree 30/2005 as amended).
The contents of the Site may not be modified, reproduced, either in whole or in part, duplicated, transferred by electronic or conventional means, used for any purpose without the prior written consent of Atelier Verderame s.r.l.s. Any use of the contents of the Site for advertising and/or commercial purposes is prohibited.
ARTICLE 17 – law and jurisdiction.
These General Conditions of Sale are subject to Italian law. Any dispute that does not find an amicable solution will be submitted to the competence of the Court of Lecce.
Pursuant to art. 14 of Regulation 524/2013 we also inform the customer that in case of dispute may file a complaint through the ODR platform of the European Union accessible at the following link http://ec.europa.eu/consumers/odr.