Via dell'Artigianato 10
52035 MONTERCHI - AR
Italy
Terms and Conditions
Art. 1 - DEFINITIONS
1.1 "Site": the website accessible at www.antonionistore.it
1.2 "Seller": the company Antonioni srl with registered office at via dell'Artigianato 10, 52035 Monterchi AR - ITALY, registered with the Arezzo business register with Tax Code and VAT number IT01545070516.
The Seller can be contacted for:
regular mail, at the address: Antonioni srl, via dell'Artigianato 10, 52035 Monterchi AR - ITALY
telephone number: +39 0575 70555
email, at the address: info@antonionisrl.it
1.3 "Customer": the subject identified by the data entered at the time of completion and submission of the electronic order form with simultaneous acceptance of these Terms and Conditions of Sale. The Customer is responsible for the data communicated in the online order procedure and in communications. The Seller reserves the right to take legal action against any violation and abuse. Furthermore, the Customer indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, as the Customer is solely responsible for the correct entry of such data.
1.4 "Products": movable goods, also including services, such as maintenance service
1.5 "Discount Code": alphanumeric code provided by the Seller which, when entered by the Customer during the payment phase, applies a discount to the value of the Products.
1.6 "Headquarters": Antonioni srl, via dell'Artigianato 10, 52035 Monterchi AR - ITALY
Art. 2 - SUBJECT
2.1 These Terms and Conditions of Sale concern the offer and sale of products and services carried out remotely via the internet on the Website.
2.2 The Terms and Conditions of Sale will be effective from the date of their publication on the Site. The Seller reserves the right to modify these Terms and Conditions of Sale at any time.
2.3 The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to make a contractual purchase proposal and not a public offer.
Art. 3 - ONLINE SALE
3.1 An online sales contract refers to a distance contract, that is, a legal transaction concerning the sale of Products, entered into between the Seller and the Customer within a distance selling system organized by the Seller, which, for this contract, uses the remote communication technology known as the internet. Such contracts, therefore, will be concluded directly through the Customer's access to the Site, where the Customer will complete the contract for the purchase of the Product by filling out the electronic order form and sending it to the Seller electronically, following the relevant instructions. The Customer may only purchase the Products offered on the Site, at the price indicated there, following the procedure indicated on the Site itself. When the Customer places an order, they must provide at least their name, email address, shipping and billing addresses, telephone number (and/or fax), and any other data required depending on the payment method used.
Purchase requests coming from countries other than Italy or destined for addresses to which the Seller cannot ship may be accepted by the Seller only after prior contact before placing the purchase order.
3.2 For each Product, a technical data sheet or description is available on the Website containing the main features and technical specifications of the same. It is understood that the image accompanying the descriptive technical data sheet of the Product may not be perfectly representative of its characteristics, but may differ in color, size, accessory products shown in the picture, and may change at any time without any obligation of prior notice by the Seller.
For each Product, the corresponding price excluding VAT is also indicated, to which applicable taxes or duties and shipping costs will be added, calculated based on the delivery address provided by the Customer.
3.3 In order to complete the purchase procedure of the Products, the Customer must:
enter all the necessary data for completing the order form, including your Tax Code or VAT number, and SDI Identification Code or PEC if available;
All the aforementioned data are subject to the provisions of Legislative Decree 30 June 2003 no. 196, regarding 'Protection of individuals and other subjects with respect to the processing of personal data' as indicated in the Privacy Policy and in the specific Privacy notice.
3.4 The correct receipt of the order will be confirmed by the Seller by means of a reply via e-mail, sent to the e-mail address provided by the Customer. This confirmation message will include the date and details of the order (information relating to the essential characteristics of the Product, detailed indication of the price, payment methods, and delivery costs) and a 'Customer order number', to be used in case of any communication with the Seller. The message will include all the data entered by the Customer, who undertakes to verify its accuracy and promptly communicate any corrections, according to the procedures indicated on the Website. The Seller reserves the right, before sending the order confirmation, to request further information from the Customer by e-mail regarding the purchase order made on the Website.
3.5 Except as provided in the following article, the Seller, at the time of shipment of the Product, will send the customer a confirmation email of the shipment. The possible tracking number of the shipment made available by the express courier, which will allow the Customer to track its progress, will be communicated as soon as it is available.
Art. 4 - PRODUCTS NOT AVAILABLE
4.1 The temporary unavailability of the Products is indicated on the Site either by not displaying the Products or by a note on the product page stating "SOLD OUT".
4.2 In the event of unavailability in stock of the Products ordered, occurring after the confirmation of receipt of the order on the Site by the Customer (as described in the previous article, paragraph 3.4), the Seller will immediately notify the Customer by telephone or e-mail using the contact details provided at the time of the order, proposing to wait for the Products to be restocked, a valid alternative, or a possible refund if payment has already been made (the actual time for the refund to be credited depends on the type of payment method chosen by the Customer). If the unavailability of Products is only partial, the corresponding refund will also be partial.
Art. 5 - ACCEPTANCE OF THE TERMS OF SALE
5.1 The Customer, by electronically sending the confirmation of their purchase order, unconditionally accepts and undertakes to observe, in their dealings with the Seller, the Terms and Conditions of Sale and payment described in this document, declaring that they have read and accepted all the information provided to them, also acknowledging that the Seller is not bound by different conditions unless previously agreed in writing. If the Customer does not agree with any of the terms set out in these Terms and Conditions of Sale, they are invited not to submit the order form for the purchase of Products on the Site.
5.2 Furthermore, by submitting the order, the Customer confirms that they are aware of and accept the provisions set out in the sections of the Site.
Art. 6 - SALE PRICES, TAXES AND DUTIES
6.1 Unless otherwise indicated in writing, all prices shown are to be considered VAT excluded and expressed in Euro. The validity of the prices indicated is always and only that indicated by the procedure (product sheet or order form) at the very moment the order is sent to the Seller. Prices may change without prior notice and the only correct price is to be considered the one indicated at the time of order confirmation by the Seller.
6.2 The indicated prices do not include shipping costs, which are calculated before the order confirmation sent by the Seller to the Customer and which the Customer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.3 If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct sale price of a product, the Seller will contact the Customer to verify whether they still wish to purchase the product at the correct price; otherwise, the order cannot be accepted. In case of refusal to purchase at the new proposed price for the product, the Seller undertakes to fully refund the Customer the amount erroneously received.
6.4 If the Customer has more than one Discount Code, only one Discount Code may be used per sale, at the Customer's discretion.
Art. 7 - PAYMENT METHODS
7.1 Payment for the Products purchased by the Customer as well as the related delivery costs may be made using one of the methods provided on the Site (Paypal and Bank Transfer).
7.2 If payment is made by bank transfer in favor of the Seller, the Customer must indicate the order number in the reason for the transfer. It is understood that, in the case of payment by bank transfer, the Products will be shipped and delivered only when the relevant price has been definitively credited to the Seller's current account.
7.3 Payment via Paypal circuit.
The payment circuit is managed entirely by Paypal according to its own conditions to guarantee the contracting parties.
Art. 8 - DELIVERY METHODS
8.1 The delivery of the Products purchased by the Customer will be carried out by the Seller to the address indicated by the Customer.
8.2 The Seller ships the Products to the Customer using express couriers. Indicatively and without obligation for the Seller and without prejudice to
- (a) the actual availability of the Products;
- (b) the closure periods of the logistics warehouse for inventory/safety checks or the closure periods of the logistics warehouse on Italian national holidays;
- (c) the occurrence of any force majeure events;
- (d) the verification of the availability of the amounts paid in the Seller's current account in the case of payment by bank transfer
The ordered Products will be delivered by the Seller to the selected courier within 5 working days. In any case, delivery will be carried out within a maximum period of 30 (thirty) days from the day following the day on which the Customer placed the order.
In the event of only partial availability of the Products, occurring after the order confirmation, the Seller will promptly inform the Customer and, with the Customer's approval, will proceed to fulfill the order with the Products actually available or, at the Customer's request, wait for the arrival of the remaining products for a single shipment.
Upon receipt of the Products, the Customer must check the integrity of the packages and the quantitative and qualitative correspondence with what was ordered. In case of discrepancies and/or non-conformities, it is the Customer's responsibility to have these precisely noted and recorded by the courier, and if the packaging or wrapping of the Products ordered by the Customer is delivered damaged, the Customer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".
Art. 9 - INVOICING
9.1 The Seller will issue the invoice for the shipped Products, sending a courtesy copy via email in PDF format to the Customer and in all cases via electronic submission to the tax drawer. The information provided by the Customer at the time of the order will be used for issuing the invoice. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein. Use the "Order Comments" field to enter the VAT number and/or Tax Code and the PEC Address or Recipient Code fields for the references required for electronic invoicing.
9.2 The Seller reserves the right to cancel the order after 5 working days if the complete data necessary for invoicing is not provided.
Art. 10 - LIABILITY
10.1 The Seller is not liable, except in cases of willful misconduct or gross negligence, for direct, indirect, or consequential damages that were not foreseeable at the date of signing these Terms and Conditions of Sale, suffered by the Customer or by third parties as a result of the services provided by the Seller and/or for damages of any kind or for any reason connected with them, arising from any breach of obligations by the Seller, even in the event of claims for damages made by third parties for any reason.
The Client expressly acknowledges that the Seller's liability for any failure to perform the services referred to in the preceding point is limited to, and may in no case exceed, the amounts received by the Seller and paid by the Client in relation to the execution of the individual services to which the liability refers. Any greater damage, loss, cost, or expense is expressly excluded. The Seller's liability is excluded for any disruptions and/or damages suffered by the Client due to causes not attributable to the Seller or, in any case, due to delays caused by malfunction, failure or irregular transmission of information, or causes beyond its control including, without limitation, delays or system line drops, interruption in operation or lack of Internet connection, or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or malfunction of electronic, postal, or electricity supply services; lockouts or strikes, including those of its own personnel, wherever they occur; impediments or obstacles caused by legal provisions or acts of national or foreign authorities; measures or acts of a judicial nature or acts of third parties; other causes not attributable to the Seller and, in general, any impediment or obstacle that cannot be overcome with ordinary diligence by the Seller in relation to the nature of the activity carried out.
10.2 The Seller has the right to suspend and interrupt the connection service to the Site at any time for technical reasons, for reasons related to the efficiency and security of the services themselves, as well as to suspend its operation for precautionary reasons, without the Seller being held liable for the consequences of any interruptions or suspensions.
10.3 The Seller is not responsible for any fraudulent or unlawful use that may be made by third parties of the credentials used by the Customer at the time of purchase of the Products. In fact, at no time during the purchase procedure is the Seller able to know the credentials used by the Customer.
10.4 Any contractual and non-contractual liability of the Seller for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order by the Seller, is hereby excluded.
Art. 11 - PRODUCT WARRANTY
11.1 The Site mainly offers for sale new Products marked with the trademarks owned by the respective manufacturing companies or by companies with partnership relationships (by way of example, in the form of commercial collaboration or trademark license). The Seller does not sell products of lower quality than the corresponding standards offered on the market.
11.2 The Products purchased on the Site are subject to the warranty regulations, where applicable, set forth in Directive 44/99/EC and Legislative Decree 206/2005 (“Consumer Code”), articles 128 and following, regarding sales contracts concluded between professionals and Consumers and warranties concerning consumer goods and, for matters not covered therein, to the specific provisions provided for in the Italian Civil Code.
Therefore, the Seller guarantees to the Consumer Customer that the Products will be free from design and material defects as well as conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. The application of any warranty is excluded in the event of use or washing of the Product that does not comply with the intended use of the Product and the instructions/warnings provided by the Seller, or indicated in the relevant illustrative documentation, tags, or labels.
This warranty will apply to the Product that presents conformity defects and/or malfunctions not detectable at the time of purchase, provided that the Product itself has been used correctly and with due diligence, that is, in compliance with its intended use and with what is provided in any technical documentation, in accordance with the various operating rules indicated therein. The aforementioned warranty will not apply in the event of negligence or carelessness in the use and maintenance of the Product.
The warranty is personal and will therefore apply only to the original purchaser, being reserved exclusively for the Seller's Customers who qualify as Consumers and not to merchants, resellers, etc. who cannot be qualified as Consumers under the Consumer Code (to whom, instead, the regulations regarding warranty for defects of the sold goods provided by the Italian Civil Code will apply).
11.3 Any non-conformity of the Products (including non-conformity of the Product due to damage caused by transport) must be reported immediately to the Seller, or in any case no later than 2 (two) months from its discovery (as provided by the Consumer Code), with a request sent to the Seller and which must be attached by the Customer at the time of reshipment of the potentially non-conforming Product together with a copy of the order confirmation sent by e-mail by the Seller or the invoice. The Seller may also request the Customer to send photographic documentation by e-mail to support the reported non-conformity.
11.4 For the return, which is entirely at the Customer's expense, the Product must be sent, either by the Customer's own means or using a courier of their choice, to the . The Product must strictly be shipped within a maximum period of 7 (seven) days from the notification of non-conformity.
11.5 The Seller will then restore the conformity of the Product by means of repair/replacement or price reduction, up to the termination of the online sales contract with a refund of the price paid.
The repair or possible replacement times of the Product depend exclusively on the policies of the individual manufacturer and no damages may be claimed from the Seller for any delays in carrying out repairs or replacements.
11.6 The Product, even if allegedly non-compliant, at the time of return shipment to the Seller for repair or replacement must be complete with packaging and all accessories and documentation received by the Customer at the time of purchase. Returning the product without the original packaging, accessories, and documentation mentioned above prevents the Seller from intervening on the Product itself and therefore makes both repair and replacement of the Product impossible. The Seller reserves the right to verify the actual defect reported by the Customer and to carry out the repair or replacement only after such inspection.
If, following verification by the Seller, the defect reported by the Customer is not found to be a lack of conformity, the Seller reserves the right to charge the Customer for the costs of inspection and restoration as well as the related costs of reshipping the product. The Customer may choose to have the purchased Products returned at their own expense. If the Customer refuses the shipment, the Seller reserves the right to retain the Products and the corresponding amount paid for their purchase.
11.7 In the event that the Product is not affected by a lack of conformity, the Customer may request a quote for the paid repair/restoration of the Product.
11.8 On specific Products – in addition to the legal warranty due to the Customer who is a Consumer pursuant to the Consumer Code or the warranty against defects of the sold item due to the professional Customer pursuant to the Civil Code – the manufacturer may grant a specific extended warranty, which is fully described in the documentation attached to the product.
Art. 12 - RIGHT OF WITHDRAWAL
12.1 Articles 52 and following of the Consumer Code provide that the Customer – exclusively in the case where they are a Consumer – has, without the need to provide any reason, the right to exercise the right of withdrawal from the purchase made. The Seller therefore grants 14 (fourteen) days from the date of delivery of the Product as the period to exercise their right of withdrawal from the online sales contract, that is, the possibility to return the Product and obtain a refund of the amount paid, in compliance with the procedures indicated below.
12.2 The right of withdrawal is subject to the following conditions:
- the right, being reserved for Consumers, does not apply to professionals and companies, therefore it cannot be exercised if the Customer has requested the issuance of an invoice indicating a VAT number reference;
- the right applies to the Product in its entirety and not to parts or components of it;
- in the case of prize operations or promotional sales combined, where the purchase of one item is associated with another item that is sold at a negligible price (or given as a gift), the right of withdrawal will be legitimately exercised by returning both Products purchased (given the accessory nature of the promotional item with respect to the first);
12.3 To exercise the right of withdrawal, the Customer, without the need to provide explanations and without any penalty, must express within 14 (fourteen) days from the day of receipt of the Product their intention to withdraw from the online sales contract by sending a return authorization request to our email address;
12.4 At the same time as sending the notice of withdrawal, the Customer must arrange for the return of the Product to the Seller. The shipment of the Product must strictly take place within a maximum period of 7 (seven) days from the Customer's notice pursuant to paragraph 12.3, and the costs for returning the Product by the Customer shall be borne by the Customer.
The party responsible for managing the Products is the Seller, to whom the Customer must therefore send the Product, using a courier of their choice, to the Headquarters.
12.5 The Product must be returned intact and carefully packed in its original packaging, complete with all accessories. In the event that use/handling of the Product by the Customer is found to be different from the minimum necessary to verify its nature and characteristics, the Customer – pursuant to art. 57 of the Consumer Code – will be responsible for the resulting decrease in value, which is hereby conventionally agreed to be a reduction equal to 50% (fifty percent) of the price originally paid, which the Seller will retain in the event of a possible refund of the price.
In the case of multiple Products related to the same order, for which the Customer has exercised the right of withdrawal, they must be sent to the Seller in a single shipment. The Seller is in no way responsible for damage or theft/loss of Products returned by the Customer with uninsured shipments.
12.6 The Customer will not be entitled to exercise their right of withdrawal in cases where it is established:
- the lack of original packaging and/or packing;
- the absence of all integral elements of the Product (accessories, tags, labels, information notes, etc.);
- the substantial damage to the Product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the Seller will inform the Customer of the impossibility of accepting the return; the latter may choose to have the purchased Products returned at their own expense. If the Customer refuses the shipment, the Seller reserves the right to retain the Products and the corresponding amount paid for their purchase.
12.7 Without prejudice to the provisions set forth above in paragraph 12.5 regarding the decrease in value or causes of forfeiture of the right of withdrawal, the Seller will refund the price of the Product for which the Customer has exercised the right of withdrawal within a maximum period of 14 (fourteen) days from the date of receipt by the Seller of the returned Product according to the procedures indicated above, by crediting the amount to be refunded, using appropriate methods depending on the payment method originally used by the Customer (refund to PayPal account, bank transfer, etc.).
12.8 If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the amounts due for their purchase, the refund of the amounts, in the event of exercising the right of withdrawal, will be made by the Seller, in any case, to the person who made the payment.
12.9 Even in the event that the Customer intends, when exercising the right of withdrawal, to modify the purchased Product (change of model, etc.), the shipping costs for returning the Product to the Seller are borne by the Customer, without prejudice to the applicability of the procedure provided for in paragraph 12.5.
Art. 13 - INFORMATION AND COMPLAINTS
13.1 For any request for clarification or complaint, the Customer may contact the Seller using the methods indicated in paragraph 1.2.
Art. 14 - COMMUNICATIONS
14.1 The Customer acknowledges and accepts that all communications, notifications, attestations, information, reports and in any case any documentation regarding the operations carried out, related to the purchase of the Products, will be sent to the email address provided by the Customer at the time of purchase.
14.2 The Seller indicates the contacts specified in paragraph 1.2 for the purpose of communications.
Art. 15 - CANCELLATION OF ORDERS BY THE SELLER
15.1 The Seller reserves the right to refuse or cancel an order or a Product that is part of an order if any situation arises that may legitimately give rise to suspicion of electronic payment fraud.
Art. 16 - APPLICABLE LAW AND JURISDICTION
16.1 The sales contract between the Seller and the Customer arising from the acceptance of any order placed through the Site shall be governed by Italian law, in particular by the Consumer Code and Legislative Decree 70/2003 on certain aspects of electronic commerce, and by these Conditions of Sale.
16.2 For any dispute relating to the validity, interpretation or execution of these Terms of Sale and the sales contract, exclusive territorial jurisdiction belongs to the Court of Arezzo, without prejudice to the applicability of art. 66-bis of the Consumer Code.
Last update: 13.02.2023