General Conditions of Sale
These conditions
of sale are concluded on the one hand by the company STAMPERIA BERTOZZI SRL,
and whose head office is located at Largo Marino Maestri 50, 47035 Gambettola,
FC, Italy, VAT IT03251690404, hereinafter referred to as "BERTOZZI",
and on the other hand by any natural or legal person wishing to make a a
purchase by the Bertozzi.store website, hereinafter referred to as "the
purchaser".
Article 1: Object
These conditions
of sale aim to define the contractual relations between Bertozzi and the
purchaser and the conditions applicable to any purchase made remotely and
electronically through the Bertozzi.store retail website, whether the purchaser
is professional buyer or a consumer.
The purchase of
goods or a service through this site implies the purchaser's acceptance of
these conditions of sale without reservation.
These conditions
of sale shall take precedence over all other general or specific conditions not
expressly agreed by Bertozzi
Bertozzi reserves
the right to modify the conditions of sale at any time. In this case the
applicable conditions will be those in force on the date on which the purchaser
places the order.
Article 2: Features of the offered goods and services
The products and
services offers are those that feature in the catalogue published on the Bertozzi.store
website.
Each product is
accompanied by a description written by the supplier.
Article 3: Complaints regarding fabrics and textile products
It is essential
that you verify the merchandise prior to use.
In the case of
fabric that is found to be defective, the liability of Bertozzi is
strictly limited to the invoiced value of the fabric and cannot under any
circumstances be extended to cover any other reimbursement (labour,
consumables, losses and interests etc). All complaints must be issued by
registered letter with acknowledgement of receipt within ten days of the
delivery of the goods.
Article 3bis: Claims for Porcelain and Glass
It is essential to check on receipt of the package that the items have
not suffered damage during transport.
Keep in mind that our porcelain are handmade by artisans, repeated
manipulations can (inevitably) create imperfections: shades of color, halos on
the surface, fine cracks, small bubbles, difference in thickness.
In the case of proven defective porcelain, Bertozzi’s liability is
limited to the value invoiced and cannot in any case be extended to other
refunds. Any complaint must be made by registered letter with acknowledgement
of receipt within 10 days of delivery of the goods.
The buyer is the only judge of the use he makes of the ordered goods. He is solely
responsible for the consequences of such use and it is up to him to choose the
qualities suitable for the destination he intends to give them.
Article 4: Variations in colour shades
The seller is
responsible for communicating the essential product characteristics to the
customer.
The photographs in
the catalogue are as accurate a representation as possible but cannot always
guarantee a perfect likeness of the exact colour shade of the offered product.
We would like to point out that computer screens can display significant
differences when it comes to colour rendering. On account of production
constraints, there may be variations between the different dye baths used and
production batches.
No complaints can
be accepted regarding a variation in colour shade between multiple batches or
dye baths if the purchaser has placed multiple different orders.
Article 5: Prices
The prices stated
in the catalogue are prices in euros, inclusive of all tax, taking into account
the VAT applicable on the day the order was placed; any change in the rate of
tax may be applied to the prices of the products or services.
Bertozzi reserves
the right to modify the prices at any moment, it being understood that the
price stated in the catalogue on the day on which the order is placed will be
that applicable to the purchaser.
The prices stated
include order processing fees, but do not include transport and delivery fees.
Article 6: Delivery costs
Transport costs are calculated according to the shipping area :
Italy : free of charge
EU zone 1 (France, Germany, Austria, Belgium, Luxembourg, Denmark,
Ireland, Netherlands, Spain): 15€ + 3.5% of the value of the goods
EU zone 2 (Portugal, Finland, Sweden, Slovenia, Croatia, Greece): 15€ +
7% of the value of the goods
Article 7: Duties, fees and import taxes
With regard to
products being shipped out of the European Union, the payment of duties, fees
or local import taxes may be demanded by the tax or customs authorities. In any
case the purchaser is liable for their payment.
Article 8: Orders
The language
proposed for the conclusion of the contract is French. In application of the
French Civil Code, the contract will be concluded from the moment of the second
order click, by which the purchaser will have confirmed his shopping cart,
having had the opportunity to correct it if necessary.
The purchaser
wishing to purchase a product or service must:
–Complete the
identification form, on which he must provide all of the requested information,
or provide his customer number should he have one
–Complete the
online purchase order, providing all of the references for the chosen products
or services
–Validate his
order after having verified it
–Confirm his order
and payment
–May the payment
in accordance with the stipulated conditions
In accordance with
the provision of the French Civil Code regarding the conclusion of contracts
online, the contract will be concluded when you click on the button that allows
you to confirm your order, having inspected the details of this order and in
particular the total price, and having been afforded the opportunity to correct
any errors.
The confirmation
of the order implies the acceptance of these conditions of sale, acknowledgment
that you are perfectly aware of these conditions, and of the waiver outlining
that they take precedence over your own conditions of sale or any other
conditions.
All of the details
provided and the recorded confirmation will serve as proof of transaction. The
confirmation will serve as the signature and acceptance of the operations
carried out.
The seller will
send the confirmation of the recorded order by email.
Stamperia Bertozzi srl has the right to accept or not the orders
received without that, in case of non-acceptance can be advanced rights or
claims against Stamperia Bertozzi srl for any reason.
In the case of incorrect or incomplete purchase orders or orders that do
not give guarantees of solvency or in the case of unavailability of the goods,
Stamperia Bertozzi srl may block your order and not carry it out.
You will still be notified by email that the contract has not been
concluded and Stamperia Bertozzi srl has not taken charge of your order.
In the event that, after placing an order, some products on the website
https://www.bertozzi.store/ are no longer available or on sale, Stamperia
Bertozzi srl will inform you, in a timely manner, and in any case within thirty
(30) days from the date of the order, the unavailability of the products
ordered.
Stamperia Bertozzi srl will refund any amount already advanced for the
goods no longer available.
Article 9: Right of withdrawal
Buyers, have a period of fourteen days to
exercise their right of legal withdrawal from receipt of products.
Exceptions to the right
of withdrawal are products made specifically by the consumer or clearly
customized.
To withdraw from the
contract you must fill in the form in the Returns and Exchanges area https://www.bertozzi.store/index.php?route=account/return/add. We will email you an acknowledgement of receipt of
the withdrawal form.
You will still have to
return the products to Stamperia Bertozzi srl by delivering them to the
accepting post office or to the forwarder within fourteen (14) working days
from the date of receipt of the goods. You are responsible for the costs of
returning the purchased products and the risks related to the destruction or
damage or loss of the products during the shipment; should this be the case,
the products will not be considered intact and the withdrawal will not be
effective.
The return form must be correctly filled in and sent to Stamperia
Bertozzi srl within fourteen working days (14) of receipt of the products. The
withdrawal notice may be sent, within the same period, also by written
communication to be sent to: Stamperia Bertozzi srl, Largo Marino Maestri 50,
47035 Gambettola, Fc Italia; the substantial integrity of the property you
intend to return is an essential condition for the exercise of the right of
withdrawal;
the products must not have been used, worn, washed or damaged; the
products must show no signs of use;
the identification label must be returned as an integral part of the
product; the products must be returned in their original packaging to the
following address:
Stamperia Bertozzi srl
Largo Marino Maestri 50, 47035 Gambettola, Fc Italia.
If you do not comply
with the terms and conditions for the exercise of your withdrawal, as specified
in this paragraph, you will not be entitled to reimbursement of sums already
paid to Stamperia Bertozzi srl, however, you can obtain, at your expense, the
products in the state in which they were returned to Stamperia Bertozzi srl.
Otherwise Stamperia
Bertozzi srl can retain the products, in addition to the sums already paid for
the purchase. After returning the products, Stamperia Bertozzi srl verifies
that they are in compliance with the terms and conditions. If the return cannot
be accepted because it does not comply with the above conditions, you will be
contacted by our Customer Service.
Article 10: Refund
arrangements
Stamperia Bertozzi srl
will refund any sums already collected for the purchase of products, according
to the methods and times provided, after verification of the correct execution
of your right of withdrawal.
The refund procedures
will be activated by Stamperia Bertozzi srl in the shortest possible time and
in any case within fourteen (14) days from the date on which Stamperia Bertozzi
srl came in possession of the product returned by you. The refund, in case of
exercise of the right of withdrawal, will be executed by Stamperia Bertozzi srl
against the person who made the payment.
The actual time for
re-crediting or returning the sums paid by you for the purchase of the products
depends on the payment methods used:
payment by Paypal: the
refund will be made to your Paypal account and will be immediately visible. The
actual credit card refund from your Paypal account depends on the institution
that issued the card. payment by Credit Card and bank transfer: the refund will
be made on the current account previously indicated by you, so the refund time
depends on the correctness of the data provided.
Article 11: Delivery time
Delivery usually takes
place within 3-5 working days in continental Italy.You must add 2 to 5 days for
other European countries and islands. These deadlines apply to capitals. For
more distant places it is safer to count a few more days.
In case of a delay of
more than 7 days in relation to these terms, and except in cases of force
majeure, the buyer can report his order by registered letter with
acknowledgement of receipt and obtain a full refund of the sums paid within 60
days .
In any event, any delay
shall not entitle the purchaser to compensation for damages.
Article 12: Payment
Payment is due
upon order.
The accepted bank cards
are: Visa, Mastercard.
Depending on the order
date, a debit request from the bank account will be sent to the buyer’s bank
within 3 days. The order will be considered final by agreement with the payment
center.
Payments will be made
via the secure Nexi system that uses the SSL (Secure Socket Layer) protocol so
that the information transmitted is encrypted by the software and that no third
party can read it during network transport.
he wishes to retain the details of the banking transaction.
We accept Paypal
payments.
Article 13:
Deliveries
Deliveries are
made to the address specified on the purchase order.
In the event of
damage during transport, a justified complaint must be issued by recorded mail
with acknowledgement of receipt, to be sent to the shipping company within
three days of delivery.
Article 14: Legal guarantees
All products
supplied by the seller enjoy legal guarantees:
- Guarantee of the
conformity of the goods with the contract
- Guarantee
against hidden defects
- Contractual
guarantee
In the event of
the non-compliance of a sold product, it can be returned to the seller who will
offer a replacement, an exchange or a refund.
All complaints for
compliance defects or guarantee claims for hidden defects must be issued by
post or email. Packages must not be returned prior to registering your
complaint or prior to the sending of the return instructions.
Article 15: Liability
Within the online
sale process, the seller is only bound by a 'best efforts' obligation; he
cannot be held liable for damage resulting from the use of the Internet
network, such as the loss of data, hacking, viruses, service downtime or other
involuntary problems.
Article 16: Intellectual property
All components of
the Bertozzi website are and shall remain the exclusive intellectual property
of Bertozzi
No-one is
authorized to reproduce, exploit, rebroadcast or use the components of the
site, even partially, whether software, visual or audible data, for any purpose
whatsoever.
The creation of
simple or hypertext links is strictly prohibited without the express consent of
Bertozzi
Article 17: Protection of personal data
You can obtain
information on how we process your personal data in the Privacy Information and
Cookie Policy section.
If you have given your
consent to receive our newsletter, you can revoke it at any time using the
unsubscribe link at the bottom of our newsletters.
You can also send your
request to: Customer Service - Bertozzi.
The automated
processing of information, including the management of e-mail addresses of
users of the site, is in accordance with the law.
The responsibility of the processing of the
personal data is: Stamperia Bertozzi srl
In no case does
Bertozzi have access to the bank details of its customers.
Article 18: Retention of ownership clause
Bertozzi retains
ownership of the goods up until the full payment of their price in full and any
interest. In the event of failure to pay by the agreed deadline, Bertozzi may
reclaim the goods and the sale will be rightfully cancelled by Bertozzi.
Article 19: Applicable law and jurisdiction
These conditions are subject
to Italian law. The language of this contract is Italian. The competent court
in the case of any dispute will be that of the place of residence of the
defendant or, at the request of the claimant, the effective place of delivery
of the product.