These general conditions regulate the modalities of the articles produced and marketed by Terrecotte San Rocco.
All contracts for the sale of Products by Terrecotte San Rocco to third parties (the "Customers") are governed by these General Conditions, which form an integral and substantial part of any proposal, order and purchase order confirmation of the Products themselves.
The conditions of sale applicable to orders are those in force on the date of the order itself.
1.1 Unless otherwise indicated, the prices of the Products published on the site are expressed in Euro and include VAT. Shipping costs are excluded.
Shipments outside the European Community (non-EU) are also net of any customs duties, which will be charged to the recipient and will be requested by the forwarder during delivery.
The Products are not supplied in trial.
The Customer is responsible for the choice of the Products ordered and for the compliance and conformity to their needs of the specifications indicated by each manufacturer.
Each order of Products transmitted to Terrecotte San Rocco constitutes a contractual proposal of the Customer. The execution of the order by Terrecotte San Rocco is equivalent to confirmation and acceptance of the same.
The fiscal documentation relating to the Products ordered will be issued by Terrecotte San Rocco at the time of shipment of the Products to the Customer.
The Customer shall indicate the exact data necessary for the invoicing and specify the shipping address of the invoice itself.
The order will be executed within the terms specified on the Site.
Once confirmed, the order can only be cancelled within 24 hours, after which the customer is obliged to pay.
In accordance with the relevant laws, the customer may still withdraw from the contract within 14 days, following our Return Policy (See point 9).
In case of non execution of the order by Terrecotte San Rocco (if the same is due to unavailability of the Products ordered by the Customer), Terrecotte San Rocco will inform the Customer as soon as possible of the expected delivery time for the supply of the missing Product.
If the Customer does not intend to wait for such time, in any case not exceeding 60 working days, Terrecotte San Rocco will refund the sums already paid by the Customer for the supply not carried out. In case of breakage, stock depletion or unavailability of the ordered Product, Terrecotte San Rocco undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm by e-mail his choice, i.e. wait for the availability of the Product or ask for a refund.
The conclusion of the contract will take place only upon confirmation of the order by Terrecotte San Rocco.
The customer will receive an e-mail notification of receipt with the order confirmation with all the elements of the contract (products ordered, prices, delivery dates, shipping costs, ...).
Terrecotte San Rocco reserves the right not to confirm an order for any reason relating in particular to a problem concerning the order received or the supply of products.
The Products are delivered to the address indicated by the Customer.
Shipments will take place after receiving confirmation of payments: for the bank transfer, the credit to our current account is considered as proof, for the payment by credit card the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as Bartolini, SDA, UPS, DHL or couriers specialized in the delivery of furniture and furnishings to ensure the quality of service and the integrity of the Products.
_Time of Delivery:
The standard shipment of bulky items available in stock takes 3/5 days for Italy and 5/10 days for other destinations.
For small voluminous objects available in stock, the standard shipping time is 48 hours for Italy and 5/10 days for other destinations.
Shipping times are indicated in working days.
The shipping time of an order containing items with different delivery times is equal to the longer shipping time of the items in order.
Any delays in deliveries of less than 30 (thirty) days do not give the Customer the right to refuse delivery of the Products, nor to claim compensation or indemnity of any kind.
Terrecotte San Rocco has the right to make, if it deems it appropriate, the request for delivery of the Products (even relating to the same order) in several stages.
The delivery is considered as performed from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the goods.
_Deliveries to the Plan and Assembly
Deliveries are to be understood exclusively at street level and there is no provision for the collection of used goods.
Special delivery terms and conditions must be agreed in advance between the Customer and Terrecotte San Rocco and accepted in writing by Terrecotte San Rocco.
Terrecotte San Rocco does not offer assembly services unless previously agreed in writing.
Most of our products travel pre-assembled: the assembly is in most cases quite simple and consists in assembling pieces already defined.
It is important to know that:
On delivery, the Customer must verify the content, conformity and condition of the Product(s). Therefore, on delivery, Terrecotte San Rocco recommends the Customer to check the status of the Products delivered before signing the receipt notice:
_that the number of packages delivered corresponds to the number indicated in the transport document attached to the shipment;
_that the packaging is intact, not damaged, nor wet or otherwise altered, and to check the integrity of the contents.
Should the Customer notice any anomalies, he is obliged to refuse the delivery of the products or put his reservations in writing in a detailed and dated document. If the document of the courier is signed without affixing any "reserve", the Customer will not be able to oppose any dispute about the external characteristics of how much delivered. Eventual inherent problems the physical integrity, the correspondence or the completeness of the received Products must be signalled within 3 (three) days from the happened delivery.
Terrecotte San Rocco has the right, at its sole discretion, to make the delivery of the Products ordered by means of a courier chosen by it.
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the term established by the carrier, the Products will be returned to Terrecotte San Rocco, which reserves the right to refund the price of the Products, leaving the shipping costs to be paid by the Customer.
In case of error concerning the Product, the Customer undertakes to return said Product or the Products concerned to Terrecotte San Rocco within 7 (seven) days from receipt, with the packaging closed, in their original state and packaging and with the accompanying documents.
Once the Product has been received in the correct form and manner, Terrecotte San Rocco shall return, at its own expense, the Product initially ordered.
Explicitly, the following cases are considered as cases of force majeure, in addition to those normally considered by jurisprudence: Total or partial strikes, internal or external to the company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer breakdowns, the blocking of telecommunications including networks and in particular the internet. In case of force majeure, the execution of the order will be suspended at first, in full right.
If a period of 3 (three) months has elapsed and the parties find that the case of force majeure persists, the order will be automatically cancelled, unless otherwise agreed by both parties.
Terrecotte San Rocco guarantees only the material integrity of the Products at the time of delivery (hereinafter, the "San Rocco Terrecotte Warranty").
8.1 Any defects covered by the San Rocco Terrecotte Warranty must be reported by the Customer, under penalty of forfeiture, within and not later than 10 (ten) days from the date of delivery. In case of operation of the San Rocco Terrecotte Terrestrial Warranty, the Customer shall only have the right to the replacement of the damaged Products upon their return, being excluded the Customer's right to compensation for any damage, even further. The shipping costs necessary for the replacement of Products shall be borne by Terrecotte San Rocco.
8.2 Without prejudice to the provisions of article 8.1 above, Terrecotte San Rocco does not provide any further guarantee on the Products.
In particular, Terrecotte San Rocco does not give any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it give any guarantee regarding the suitability of the Products for the specific use thought by the Customer.
8.3 Without prejudice to the cases of willful misconduct or gross negligence of Terrecotte San Rocco, it is already agreed that, should it be ascertained that Terrecotte San Rocco is liable to the Customer for any reason whatsoever - including the case of total or partial non-fulfilment of the obligations assumed by Terrecotte San Rocco towards the Customer as a result of the execution of an order - Terrecotte San Rocco's liability shall not exceed the price of the Products purchased by the Customer and for which the dispute has arisen.
9.1 According to the art. 5 of the D. Lgs 22 May 1999 n. 185, the Customer (if he qualifies as "consumer" according to the art.1 letter b) of the D. Lgs 22 May 1999 n. 185) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within 14 (fourteen) days from the receipt of the Products themselves.
9.2 The right of withdrawal referred to in article 9.1 above can be exercised by the Customer, without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
In order to exercise the right of withdrawal, the Customer must inform us of the decision to withdraw from this contract, by means of an explicit declaration via email to: email@example.com.
In order to comply with the withdrawal period, it is sufficient that the Customer sends the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.3 Effects of withdrawal
By withdrawing from the contract, all payments made to us will be refunded to the Customer, including delivery costs (with the exception of additional costs arising from the possible choice of a different type of delivery from the less expensive standard delivery type offered by us), without undue delay and in any case no later than 14 days from the day we are informed of the decision to withdraw from this contract.
Such refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer shall not incur any costs as a result of such refund.
The refund may be suspended until receipt of the goods or until the consumer has demonstrated that he has returned the goods, whichever is earlier.
9.4 Returned goods must be returned or delivered to us at the address
Terrecotte San Rocco
Via Traversa Valdichiana Est 119
53049 Torrita di Siena (Siena),
without undue delay and in any case within 14 days from the day the Customer has informed us of his withdrawal from this contract. The deadline is respected if the goods will be returned before the expiry of the 14 day period.
The direct costs of returning the goods will be borne by the Customer.
9.5 The Customer is only responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The returned goods must be returned in resaleable condition.
9.6 The right of withdrawal referred to in article 9.1 above cannot be exercised by the Customer if the Products purchased have been made according to the Customer's requests, are personalized, or may deteriorate or expire rapidly.
9.7 Terrecotte San Rocco recommends the Customer to:
1_Check the status of the Products delivered before signing the receipt notice, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment
2_Check that the packaging is undamaged, undamaged, wet or otherwise altered
3_check the integrity of the content.
In case of discrepancies, the Customer can refuse to accept the package, signing his refusal.
The payment of the consideration is due at the time of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) and, if necessary, to pay or have paid directly to the courier or carrier the VAT or other taxes relating to the importation of the Products into the countries where delivery will take place.
The Customer will pay the order:
1_by credit card as proposed on the Site.
The Customer guarantees to Terrecotte San Rocco the fact of having the necessary authorizations to use the card payment method during the order process.
2_bonifying in favor of Terrecotte San Rocco.
If Terrecotte San Rocco does not receive the transfer within 14 days after the order confirmation, Terrecotte San Rocco reserves the right to cancel the order. Bank details are provided at the time of order.
The customer guarantees Terrecotte San Rocco the fact that it has the necessary authorizations to use the Paypal payment method in the order phase
The Products ordered remain the property of Terrecotte San Rocco until final payment in full of their price (pursuant to Art. 1523 and following of the CC.) Terrecotte San Rocco reserves the right to claim the Products ordered in case of non-payment.
In this case and at Terrecotte San Rocco's request, the Customer undertakes to return any Product not paid for, with costs to be borne by the Customer.
Complaints for the non-conformity of the Product or Products delivered with the order must be received in writing directly to Terrecotte San Rocco, immediately after receipt of the goods.
We advise the Customer to keep the original packaging and the delivery document.
The computerized processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with the provisions of the law.
The nominative information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty agreements.
For this purpose, this information may be communicated to the contractual partners of Terrecotte San Rocco.
The Customer may oppose such a communication and according to the law makes use of the right of access, modification, rectification and cancellation of data concerning him by contacting
Terrecotte San Rocco
Via Traversa Valdichiana Est 119
53049 Torrita di Siena (Siena)
To avoid any attempt at fraud, Terrecotte San Rocco may ask you for proof of your identity, your domicile.
The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
For Terrecotte San Rocco the fact of not asserting a failure on the part of the Client with respect to any of its obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this failure at a later date.
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular conditions communicated by the Customer may be included in or exempted from these general conditions.
Terrecotte San Rocco is the owner of the intellectual property rights of the Site and the right of dissemination of the elements contained in the catalog of the online store, therefore, the partial or total reproduction, on any type of medium, of the elements that make up the Site and the catalog, their use and their transfer to third parties are formally prohibited.
Should one or more provisions of these General Terms and Conditions be deemed invalid or declared invalid pursuant to a law or regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain their full force and value.
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree no. 185 of 22 May 1999), any dispute in any case related to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Siena.
According to and for the effects of the articles 1341 and 1342 of the civil code the Client declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale Terrecotte San Rocco: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.