Terms of Sale
GENERAL CONDITIONS OF PURCHASE
Terms and Conditions- Bertolani Store
1) General notes and definitions
1.1. In their drafting pro tempore in effect at the time of order by the Customer, these general terms and conditions of sale govern the sales made through the website of Ceramiche Artistiche Bertolani SAS
, with registered office in Casalgrande (RE), Italy at Via Gramsci, 46 tax code and VAT no. 01126760352, Economic and Administrative Index: RE-160498, in favour of consumers and/or professionals.
1.2. If in favour of a consumer, all sales made through this website are therefore governed by the Consumer Code (Italian Legislative Decree 206/2005), Art. 49 to 67.
1.3. When reference is made in these terms and conditions to the "Products", reference is made to the goods analytically identified and listed in the relevant website section.
1.4. The Customer is requested to print and/or keep these General Terms and Conditions as he/she prefers.
1.5. In the interpretation of these general terms and conditions, the terms given below, if written with a capital initial, will have the meanings hereinafter given for each one:
1.5.a) Ceramiche Artistiche Bertolani SAS, with registered office in Casalgrande (RE), Italy at Via Gramsci, 46 tax code and VAT no. 01126760352, Economic and Administrative Index: RE-160498
1.5.b) “Customer”: the natural person or body corporate that purchases the Products using the Order Procedure, whether a consumer or professional (according to the definitions contained in the Consumer Code).
1.5.c) “General Terms and Conditions”: these general terms and conditions of sale for online purchases on the website http://www.bertolani.it;
1.5.d) “Order”: the document summarising the Products selected by the Customer, with a description of the Products themselves and indication of the relevant prices.
The document will be electronically generated by the Website according to the selections the Customer makes. The Order will execute a contract of sale;
1.5.e) “Order Procedure”: the process the Customer follows to electronically send Bertolani an Order made through the Website and concerning the purchase of Products;
1.5.f) “Products”: the products sold by Bertolani, as listed on the Website, from which the Customer may select those to his/her liking to be placed on the Order;
1.5.g) “Website”: the website http://www.iperceramica.it, on all of its pages;
1.5.h) “Delivery Expenses”: the costs for transporting the Products indicated on the Order.
2) Execution of the contract
2.1. Indication of the Products on the Website, together with their prices, forms an offer to the public. The Customer who plans to purchase one or more Products may fill out the form provided on the website
and forward it to Bertolani. The contract of sale will therefore be executed only when Bertolani has properly received the Customer's Order.
2.2. It is also understood that the contract is executed but is suspensively conditional until total availability of the goods at Bertolani warehouses or those of the supplier and completed payment have been ascertained.
2.3. In the event the Customer opts for payment by bank transfer, payment must be made within 3 business days from the Order; otherwise, the order will be considered cancelled.
3.1. All prices published on the website are VAT included
3.2. Delivery expenses are paid by the Customer; they are automatically calculated according to the quantity of Products selected and their destination. The Customer finds explicit mention of the Delivery Expenses in the Order.
3.3. The price shown on the website at the time sending is confirmed will be indicated for each Product on the Order, without any previous offers considered.
All subsequent changes in prices will obviously not be applied to sales already executed.
4) Order Order Confirmation
4.1. Orders must be made online following the Order Procedure explained on the website in the section: "how to purchase online". The Customer can count on correct completion of the Order Procedure
only when he/she has received the Order Confirmation.
4.2. Every time the Order is correctly forwarded, a contract of sale between Bertolani and the Customer regarding the Products the Customer has selected will be considered executed.
Once a contract of sale has been executed, the Customer will receive the Order Confirmation through electronic mail (valid also for the purposes of Art. 51, paragraph 7 of the Consumer Code);
it will be sent to the e-mail address provided by the Customer. Said Order Confirmation will summarise the Products selected, their Prices (including Delivery Expenses),
the delivery address, the order number (hereinafter "Order Number") and the special conditions applicable to the Order. The Customer undertakes to check that the data on the Order Confirmation are correct and to notify
Bertolani of any corrections without 24 (twenty-four) hours from its receipt.
Failure to rectify relieves Bertolani of all liability and possible increases in expenses, caused by errors in data not promptly reported, will be paid by the Customer.
The Customer must use the Order Number generated by the system and communicated by Bayker in all subsequent correspondence with Bertolani.
4.3. The Customer is herein informed that he/she will not be informed of the delivery date at the time of the Order Confirmation, and that the date and time of actual delivery must afterwards be agreed upon with the carrier
Bertolani appoints to deliver the goods to their destination.
5) Method of payment
5.1. Payment can be made as follows:
5.1.a) Credit card and PayPal with the methods specified on the Website;
5.1.b) Bank transfer following these steps: Beneficiary Ceramiche artistiche Bertolani SAS, VAT no./tax code 01126760352 - IBAN: IT09 J030 3266 2400 1000 0003 859 BI CODE-Swift: BACRIT22CAS
(for transfers from abroad) - Reason: provide the Order Number.
5.2. In the cases described in 5.1.b) above, the goods can be delivered only after the transfer has been credited to the beneficiary's account,
without detriment to the provisions set out in Art. 2.3 of these General Terms and Conditions on the subject of order cancellation.
5.3. For transaction security reasons, Bertolani reserves the right to request that a copy of an ID document of the credit card holder be sent.
5.4. Should the Customer opt for payment by credit card, the amount corresponding to the purchased Products will be debited to the Customer at the same time the Order Confirmation is communicated.
5.5. Bertolani will issue an invoice for the purchased Products. The information the Customer provides on the "Personal Details" form will be used to issue the invoice. The data cannot be changed after
the invoice has been issued.
6) Delivery procedure
6.1. Delivery is made up to destination throughout Italy (except for the Venetian Lagoon and smaller islands) by specialised carriers appointed by Bertolani.
For deliveries to the Venetian Lagoon and/or Italy's smaller islands, the Customer is asked to contact a Bertolani operator to check feasibility of transport and to quantify its cost, if possible.
6.2. Likewise, Bertolani will quantify Delivery Expenses upon the Customer's request for deliveries outside of Italy and/or outside of the European Union (exception is made for the Republic of San Marino,
for which the principles stated regarding deliveries in Italy will apply). Any customs duties and/or any other limitation to exporting the Products will also be taken into account when calculating the
Delivery Expenses. The Customer will be free to decide whether or not to make the Order after being informed of the transport costs and time.
6.3. Products will be unloaded at the Customer's address at street level, in the place best suited for unloading and accessible to means of transport. Requests to transport the goods in front of the building,
in the building, in the garage, to higher or lower floors cannot be accepted.
The Customer is naturally free to negotiate delivery service to the floor with the carrier, fully sustaining the costs and risks, which Bertolani shall in no case take upon itself.
6.4. In conformity with the arrangements made with the carrier, the Products must be unloaded by the carrier using its equipment. Bertolani will not answer for damages the Customer causes if he/she unloads the
Products personally or has them unloaded by assistants.
Disposal of pallets and packaging materials in general used for delivery is entirely the responsibility of the Customer.
6.5. As an indication, the goods will be delivered within 10 business days from the Order Confirmation (departing from Art. 61 of the Consumer Code).
The delivery date of the goods will be set by agreement between the Customer and the carrier. If the carrier is unable to get in touch with the Customer for 5 (five) business days from when the goods become available,
or the Customer is unreachable for the same amount of time after setting the delivery date with the carrier, the carrier will notify Bertolani, which will have the goods returned to its main warehouse.
The Customer may ask Bertolani for a new delivery provided he/she does so within 30 calendar days from return of the goods and reimburses Bertolani for the costs it incurred for storage,
return of the goods to the main warehouse and the new shipment. The rate will be that which the carrier requests and applies.
6.6. If the Customer ascertains the existence of any breakage and damage due to the transport, he/she must notify such breakage in writing and always highlighting goods received subject to verification.
More specifically, without prejudice to Bertolani's liability for any damage that should occur during transport, the customers shall have the obligation to keep the broken, malfunctioning and/or defective
Products and shall abstain from disposing of them without the prior consent of Bayker in writing. Failure to comply with these provisions could be detrimental to
Bertolani’s right of recourse toward its sub-suppliers and suppliers, which would involve the liability of the Customers for all damage hence arising.
6.7. The Customer must confirm that the place of delivery of the material can easily be reached by the means of transport used, and that the condition of the same does not present any particular impediments and/or limitations as regards transport. In the case of failure to provide notification, if transport requires any supplementary action, the additional costs applied by the carrier will be charged to the Customer.
6.8. The Customer must confirm that the place of delivery of the material can easily be reached by a vehicle equipped with a tail lift (medium-sized truck with a load of approx. 3500 kg) and that the delivery and unloading of the goods will take place in an area with a flat surface, i.e. a surface where the tail lift can operate properly. In the case of failure to provide notification, if transport requires any supplementary action, the additional costs applied by the carrier will be charged to the Customer.
Failure to provide such notification will relieve Bertolani of all responsibility, and it will be up to the Customer to contact Bertolani and arrange directly for a new delivery date for the goods.
6.9. By providing details of the delivery address, the Customer certifies that the same are authentic and accurate. Transport services will be provided in compliance with the data provided; therefore, if any errors are present (for example wrong postcode, address, location, etc.), the Customer relieves Bertolani of all liability and/or damage that may derive therefrom, including an increase in the costs applied by the carrier for failure to provide full, correct details and information as specified at points 6.7 and 6.8 (because such deliveries lie outwith the arrangements agreed upon for the goods).
6.10 Before examining the goods, the Customer must observe whether the carrier handles the goods improperly or inappropriately during delivery. Should this occur, the Customer must indicate “goods received unchecked” on the transport document due to improper treatment on the part of the carrier.
6.11. The Customer must check the condition of the packaging of the goods to ensure it has not been damaged or altered. Should this be the case, the Customer must indicate “goods received unchecked” on the transport document, taking photographs if possible.
6.12. If any goods are missing, or the packaging is delivered open and/or has been tampered with, the Customer must indicate “goods received unchecked” on the transport document.
7) Right to withdraw
7.1. If and as the Customer is a "Consumer" (as defined in Art. 3 of the Consumer Code), he/she is due the rights set out in Art. 54 et seq. of the Consumer Code within the limits said regulations envisage.
The Customer therefore has the right to withdraw from the contract of purchase for any reason, without providing explanations and without any penalty, following the procedure explained hereunder.
for info: firstname.lastname@example.org
8.1. The Customer must use the following e-mail address for any claims: email@example.com
9) Closing provisions
9.1. The Customer acknowledges and recognises that the goods for sale, and in particular the ceramic products, might have a shade of colour slightly different from that of the photographs published on the Website.
As these are colour differences tolerated in the ceramic products market and impossible to foresee and/or prevent, it remains understood between the parties that the delivery of material of a shade slightly different
from the photographs seen online is not a breach of Bertolani.
9.2. The Customer shall check the conditions of the goods when they are delivered and shall be held responsible for reporting to the supplier those defects that the person of average diligence could have noticed
following a careful inspection of the same goods. The Customer is however obliged to report the presence of evident defects of the goods within the time prescribed by law, and in any case before installing the products.
Bertolani will not be responsible for costs for installing obviously defective products or those other than what was agreed to, or for expenses necessary for removing said products and/or for restoring
the rooms and/or for any indirect and/or consequential damage that could be prevented inspecting the goods with average diligence.
9.3. The Customer acknowledges and recognises that the sale of Products through the Website is not directed toward any country outside of Italy, and that in fact Bertolani intends to verify the feasibility
and transport costs of Products outside its national borders on a case by case basis. The translation of these general terms and conditions (please see below) is not a solicitation for the purchase of Products
directed outside the national borders.
9.4. These general terms and conditions are translated into various languages only as a matter of courtesy; should there be an inconsistency between the various versions, the Italian version shall prevail.
9.5. Pursuant to Art. 49, paragraph 5 of the Consumer Code, the information provided pursuant to Art. 49, paragraph 1 of the same Consumer Code forms an integral part of the contract;
said terms and conditions cannot be modified unless with the consent of both parties.