EDILACILIACREA TERMS OF SALE
General Terms and Conditions of Sale for Purchases on the EdilAciliaCrea Website
- Definitions
- Object
- Purchase Methods
- Conclusion of the Contract
- Payment
- Shipping
- Legal Guarantee of Conformity
- Conventional Guarantee for Damaged Goods
- Right of Withdrawal
- Exceptions to the Right of Withdrawal
- Information and Complaints
- Applicable Law and Dispute Resolution
Preamble: The offer and sale of products on the website https://www.edilaciliacrea.com/ are governed by the following general terms and conditions of sale. Products purchased on the website are sold by:
EdilAcilia S.r.l.
Via Francesco Giuseppe Bressani, 3
00125 Rome
VAT No. IT 05253151004
DEFINITIONS
- "Customer" is the purchaser of the Products who has the status of a consumer, meaning natural or legal persons who make the purchase and are acting for purposes unrelated to any business or professional activity they may carry out;
- "Site" is the set of web pages relating to EDILACILIACREA;
- "Prices" are the costs of the Products listed on the site;
- "Delivery Costs" are the costs of shipping the Products;
- "Promotions" are sales made by EDILACILIACREA under special conditions for all or part of the Products and for limited periods of time;
- "Shopping Cart" is the virtual container on the website containing the Products selected by the Customer for purchase;
- "Terms of Sale" are the rules set forth herein that govern the relationship between the Customer and EDILACILIACREA for the purchase of Products.
- "Ready for Delivery": items shipped directly from our store within __ hours to your home;
- "Made to Order": items that require longer delivery times because they must be ordered from our suppliers and then shipped to us and then to your home; for these orders, you will receive notification that your order has been received;
- "Delivery": delivery times range from a minimum of two days to a maximum of four business days.
OBJECT
The offer and sale on the EDILACILIACREA website constitute a distance contract governed by Articles 50 et seq. of Legislative Decree 206 of September 6, 2005 (Consumer Code), as well as Legislative Decree No. 70 of April 9, 2003 (the so-called Electronic Commerce Law). The purchase of products is intended for consumers.
These Terms of Sale govern the relationship between the Customer and EDILACILIACREA for the purchase of Products on the Site.
The Customer is required to carefully read the Terms of Sale that EDILACILIACREA makes available to them, also to allow them to reproduce and store the aforementioned Conditions in compliance with the provisions of Article 12, paragraph 3, of Legislative Decree No. 70/2003.
PURCHASE METHODS
- To purchase Products, the Customer must register by entering their personal details, following the instructions provided by the registration program, and must complete and send EDILACILIACREA the electronic purchase order form available on the site, following the instructions provided on the Site. Orders The purchase order forms must be filled out accurately in their entirety.
- The Customer must add the selected Product(s) to the "Shopping Cart" and, after reviewing and accepting the shipping costs, can proceed with the purchase.
- If the Customer needs to modify the purchase order or change any of its details, he or she must follow the appropriate modification procedure on the website. Specifically, the Customer may change the quantity of Products he or she intends to purchase, adding or removing one or more Products from the Shopping Cart.
- After completing this operation, the Customer will see a screen containing a summary of the purchase order, including shipping costs, with a request for further confirmation of the purchase procedure.
- After viewing the summary, the Customer must select the desired payment method and click the "Proceed to Checkout" button.
CONCLUSION OF THE CONTRACT
- Upon confirmation of the purchase order by the Customer, the terms and conditions of sale and any additional information contained on the website will be deemed fully understood and accepted by the Customer.
- The Order Confirmation sent by EDILACILIACREA to the Customer at the email address provided will constitute acceptance of the contractual proposal.
- The contract will be deemed concluded, and will be binding on both parties, when the Order Confirmation is sent to the Customer.
- The Order Confirmation sent by EDILACILIACREA via email will contain the Product(s) purchased; the price; payment methods; delivery costs; and the right of withdrawal, in compliance with the provisions of Article 13 of Legislative Decree no. 70/03.
- After payment, you will receive an email confirming receipt of your payment, and from that moment on, the processing and shipping times for your order will begin.
- If our staff finds errors in your order or deems it impossible to fulfill your order within the requested timeframe or method, you will be promptly notified, indicating that your order has been rejected. If you receive this message, please contact us by phone.
- The Customer is not entitled to any compensation or damages, nor is he or she liable under contract or tort for direct or indirect damages to persons and/or property resulting from the non-acceptance, even partial, of an order or from cancellation due to failure to pay within the agreed timeframe.
- The product catalog published on the EDILACILIACREA website, although constantly updated, may be subject to change in real time and without notice.
- You are purchasing products that are viewable and described on our website and accept that the product images may not be fully representative of their characteristics but may differ in color and shades, dimensions, or accessory products shown.
PAYMENT
- Product prices are expressed in euros and include all applicable taxes and/or duties;
- Product prices do not include shipping costs, which will be indicated to the Customer in the purchase order summary.
- The price of the Product will be the one indicated on the website at the time of ordering. Therefore, any price increases or decreases, even in relation to promotional sales before or after the purchase order, will not be reflected.
- The Customer may choose between four payment methods: by PayPal™ account and/or credit card; by bank transfer; by cash on delivery; or by PostePay top-up.
- Payment with PayPal™ requires the Customer to provide the requested information, which will be processed directly by PayPal™ without having to re-enter their credit or prepaid card details. PayPal™ is a leading online payment company.
- Payment by bank transfer: select it as a payment method when finalizing the transaction. In this case, the purchased product will be shipped only once the transfer has been received.
- Payment via PostePay top-up, allowing you to purchase directly by topping up your EdilAciliaCrea card without entering any card or account information. You can top up via the app, website, post office, tobacconists, and affiliated stores.
EDILACILIACREA does not accept any other payment methods not specified.
SHIPPING
- Products will be delivered by courier, and delivery times will vary depending on the destination, the time the order is placed, and product availability.
- For in-stock items, EDILACILIACREA will deliver to the courier within 2-4 business days of receiving the purchase order.
- Barring unforeseen circumstances, delivery times within Italy will be 2-4 business days from delivery to the courier. For hard-to-reach locations, such as mountainous areas, smaller islands, and remote suburbs, delivery times will be 4 business days.
- Upon shipment, you will receive a shipping confirmation email containing a link and tracking code so you can track the status of your shipment on the courier's website.
Our system will calculate your shipping costs based on parameters set by national couriers, and you can check the cost of your shipment at the end of your order by reading the summary under "Shipping." Please carefully review the order summary and the listed costs to avoid any issues before placing your order and especially before payment.
Delivery times after shipment and any delays are beyond EDILACILIACREA's control. EDILACILIACREA undertakes to mediate and attempt to resolve any delivery-related issues with the courier. By accepting our terms of use, the Customer releases EDILACILIACREA from any liability in this regard. Shipping will be done using the address provided during registration on the site, so please carefully fill in the complete address field.
After receiving the shipping notification email, the courier will deliver within the agreed timeframe, depending on the location served. We recommend contacting the courier directly if you are not at home to arrange delivery at a specific time to avoid incurring additional charges.
Pursuant to art. 63 of the Consumer Code, the risk of loss or damage to the goods, for reasons not attributable to the seller, passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, physically takes possession of the goods. However, the risk passes to the consumer upon delivery of the goods to the carrier unless the seller has offered the carrier to the consumer, who has chosen it independently.
LEGAL GUARANTEE OF CONFORMITY
Private consumers (defined as individuals who purchase goods for purposes not related to their professional activity, or who make a purchase without indicating a VAT number on the order form) are entitled to benefit from the legal guarantee of conformity, pursuant to Articles 128 et seq. of the Consumer Code, in the event of a defect in conformity (the product does not function or does not have the quality or performance typically associated with similar goods, or does not correspond to the characteristics stated on the Website, on the label, or in advertising), provided that they report the defect within 60 days of discovering it and that the defect occurs within 24 months of the date of delivery of the goods.
The legal guarantee of conformity applies exclusively to products with a defect in conformity, provided that they are used correctly, in accordance with their intended use, and in accordance with the provisions of the accompanying technical documentation. In the event of a lack of conformity, EDILACILIACREA will, at no cost to the Customer, restore the product's conformity by repair/replacement or price reduction, unless the cost of such repair or replacement is assessed to be greater than the value of the goods, up to the point of termination of the contract.
In cases where the application of the above-mentioned warranties results in EDILACILIACREA's liability to restore the product's conformity by repair or replacement, the goods must be returned by the Customer in their original packaging, complete in all their parts (including packaging and any documentation and accessories: manuals, accessories, etc.).
CONVENTIONAL WARRANTY FOR DAMAGED GOODS
If you find damaged goods inside your package, please send an email to info@edilaciliacrea.com within 24 hours of receiving the package, attaching photographs of the damaged goods. The email must also include your order and shipping number. Upon opening the case, we will refund the cost of the goods or, if you prefer, resend the damaged goods, all costs paid by us.
RIGHT OF WITHDRAWAL
EDILACILIACREA recognizes the right of withdrawal as provided for by Article 52 et seq. of the Consumer Code. Specifically, if the Customer is a consumer (i.e., a natural person who purchases the goods for purposes not related to their professional activity, or who does not indicate a VAT number on the order form), they have the right to withdraw from the purchase contract without having to provide a reason and without incurring any penalty. The product must be returned in a resalable condition (intact and complete with its original packaging).
Customers wishing to exercise their right of withdrawal must notify us within 14 calendar days of taking physical possession of the item. They may do so by sending any explicit declaration indicating their intention to exercise this right (registered letter, email, online) by completing the appropriate downloadable form, as detailed below:
Fax: +39.06.52.45.63.87
Modulo compilabile: scarica modulo PDF
Contact us online : request for the right of withdrawal
Postal address: EDILACILIA s.r.l. - Via F.G. Bressani, 3 – 00125 Rome (RM)
EDILACILIACREA una volta ricevuta la comunicazione del Cliente che abbia manifestato l'intenzione di recedere (in qualsiasi modo essa venga comunicata), provvederà a contattarlo telefonicamente, fornendo assistenza e l'esatto indirizzo a cui spedire il prodotto.
Upon receipt of the Customer's notice of intent to withdraw (however communicated), EDILACILIACREA will contact the Customer by telephone, providing assistance and the exact address to which the product should be shipped.
For the Customer to properly exercise their right of withdrawal, please note that:
The Customer is solely responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the product. The product must, in any case, be stored, handled, and inspected with reasonable diligence and returned intact, complete in all its parts, in perfect working order, with all accessories and instruction leaflets, with identification tags, labels, and the disposable seal, if present, still attached to the product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. The right of withdrawal may be exercised for the entire product, not for parts and/or accessories. If the product's serial number is included on the packaging, it constitutes part of the product and, consequently, the product must be returned in its original packaging, which must in turn be placed in additional packaging. No other labels or tape may be attached to the original packaging.
The direct cost of returning the goods will be borne by the Customer. The cost of returning goods that, by their nature, cannot be shipped by post is indicated on the tax documentation received (invoice or purchase receipt). (To obtain detailed shipping costs in advance, simply select the product you are interested in and click the "Add to cart" button; next to "Choose shipping method," you will find the shipping cost.) EDILACILIACREA reserves the right to inspect returned goods for any damage or tampering not resulting from transport.
The risk of the return journey is borne by the consumer until the seller physically regains possession of the goods.
The refund will cover the amount paid for the product and will be made no later than 14 days after the Customer communicates their intention to exercise their right of withdrawal. The refund amount will be communicated to the user via email.
In any case, EDILACILIACREA will process refunds using one of the following methods:
- Bank transfer if the Customer paid by bank transfer;
- PostePay or bank transfer if the Customer paid by PostePay top-up;
- Paypal if the Customer paid by Paypal.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
As provided for by Article 59 of the Consumer Code, the right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded with respect to:
- ) the supply of goods or services whose price is dependent on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period;
- ) the supply of goods made to measure or clearly personalized;
- ) the supply of goods liable to deteriorate or expire rapidly;
- ) the supply of sealed goods that are not suitable for return for hygiene or health protection reasons and were opened after delivery;
- ) the supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
Your rights
Pursuant to European Regulation (EU) 679/2016, the User may exercise at any time the rights provided for in Articles 15 to 22 and Article 34 of Regulation (EU) 679/2016. In particular, the User has the right to:
object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him or her, for the purpose of sending advertising materials or direct selling or for conducting market research or commercial communications;
access to personal data (Article 15 of the Regulation).
rectification of inaccurate personal data (Article 16 of the Regulation).
erasure of data under the conditions set out in Article 17 of the Regulation.
restriction of processing under the conditions set out in Article 18 of the Regulation.
portability of data concerning him or her (Article 20 of the Regulation).
object to automated processing, including profiling (Article 21 of the Regulation).
Revoke consent for one or more purposes without affecting the lawfulness of processing based on consent before its withdrawal.
Filing a complaint with the national supervisory authority, namely the Italian Data Protection Authority, located at Piazza di Montecitorio 121, 00186 Rome (Privacy Guarantor – link to the Guarantor's page);
Requests should be addressed to the Data Controller, whose contact details are provided at the beginning of this information document.
The updated list of appointed Data Processors is available at the Data Controller's registered office. Those interested in viewing the list can request a complete list by emailing info@edilparatiacilia.it.
Registered users can independently modify, download, and/or delete their data using the appropriate buttons on their personal profile page (account):
MY PERSONAL DATA
DOWNLOAD MY DATA
DELETE MY DATA
INFORMATION AND COMPLAINTS
For information or clarifications regarding the terms and conditions of sale and products, the Customer may contact us:
By phone at +39.06.52.45.63.87, Monday to Friday, 10:00 AM to 1:00 PM and 4:00 PM to 7:30 PM
By emailing info@edilaciliacrea.com
By using the Contact form on the EDILACILIACREA website.
APPLICABLE LAW AND DISPUTE RESOLUTION
The sales contract between the Customer and EDILACILIACREA is deemed to have been concluded in Italy and is governed by Italian law. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, if the Customer is a consumer pursuant to the Consumer Code, the local jurisdiction is that of the court of his/her municipality of residence or domicile; In all other cases, the Court of Rome shall have exclusive jurisdiction.
For customers domiciled in European Union countries, Articles 15-17 of Regulation 44/01 EU shall apply.
For customers domiciled outside the European Union, the Court of Rome shall have exclusive jurisdiction.
