Terms and Conditions
ARTICLE 1: DEFINITIONS AND ACCEPTANCE OF THE GENERAL CONDITIONS
This e-commerce website (hereinafter the “Site”), whose electronic addresses are www.ceramicando.eu, was drawn up by Ceramicando di Elisabetta Castagnetta, Via Isidoro la Lumia, 43/47 90139 Palermo, registered in the REA Palermo 269430 with VAT number IT05654670826
The company's telephone number is (+39) 3275418732.
Email address:ceramicando.palermo@gmail.com
Ceramicando di Elisabetta Castagnetta, hereinafter referred to as the “Company”, carries out a retail sales activity, in particular through the Site, of artistic ceramic products of its own production (hereinafter the “Products”), distributed through the company and presented in a catalogue (hereinafter the “Product Catalogue”) exclusively to private customers/consumers, i.e. people who purchase on the site for purposes not related to their commercial, entrepreneurial or professional activity, if any. The company also has sales points located throughout Italy.
The Company makes available to Internet users on the Site free of charge (with the exception of telephone costs related to the Internet connection) information on the Products, as well as an online order transmission and payment system, provided that each customer of the Site (hereinafter a “Customer”) complies with these General Conditions of Sale.
All orders placed through the Site, in addition to all additional services, are subject without reservation to these General Conditions of Sale. These latter represent the set of mutual commitments between the Company and the Customer, who for his part expressly accepts them.
By completing the purchase order via the site, the Customer declares to unconditionally and fully accept the General Conditions of Sale, which he undertakes to print or save electronically in accordance with the provisions of art. 53 of Legislative Decree 206/2005, the so-called "Consumer Code".
ARTICLE 2: PRODUCTS MARKETED ON THE SITE
In accordance with ARTICLE 52 of the Consumer Code (Legislative Decree 6.09.2005 n.206), the Customer has the right, before sending his order, to learn on the Site the essential characteristics or products he wishes to order by selecting the Product.
For each Product, the essential qualitative and quantitative characteristics are listed directly and appear in the Product Sheets.
The Company expressly reserves the right, at any time, to add new Products, to eliminate in whole or in part the Products sold or presented in the Product Catalogue, to modify the presentation of the same or to cease their marketing on the Site, without the obligation to provide prior notice to the Customer.
ARTICLE 3: INFORMATION ACCESSIBLE ON THE SITE AND LIMITATIONS OF THE COMPANY'S LIABILITY IN RELATION TO SUCH INFORMATION
Although the Company takes the utmost care in publishing the information and data available free of charge on the Site and in updating them, it is possible that there may be some inaccuracies, errors or omissions in the descriptions of the Products. The Company undertakes to correct any such inaccuracies, errors or omissions as soon as the Company becomes aware of them.
The Company cannot be held responsible:
– any interruptions or delays caused on the Site due to the execution of maintenance work, technical failures, force majeure, acts of third parties or circumstances of any kind not dependent on the will of the Company;
– the impossibility of temporarily accessing the Site, due to events beyond one's control, for example in the event of an interruption of Internet networks or failure of the customer's reception devices.
The data provided by the Customer will remain in the possession of Ceramicando di Elisabetta Castagnetta and will not be disclosed to third parties
ARTICLE 4: ORDERS
All orders for a Product offered on the Site presuppose the consultation and explicit acceptance of these General Conditions of Sale, without such acceptance being conditioned by a handwritten signature by the Customer.
The receipt of the order on the site is strictly subject to compliance with the procedure described below and is implemented online through a succession of different screens which indicate the different phases that the Customer must follow in order to validate his/her order with the Company.
Orders are placed online in accordance with the order form on the Site (selection of the “Add to Cart” item).
Once the selection of products has been completed and the Customer wishes to proceed with the purchase, he/she will be asked to communicate his/her personal data, his/her e-mail address, his/her address, the address where the products are to be delivered, if different from the previous one, his/her billing address and a telephone number where he/she can be contacted in order to inform him/her of the delivery date.
The Customer undertakes to communicate to the Company only complete, exact and updated information. In the event of incomplete or inaccurate information, the Company reserves the right to purely and simply cancel the order as well as the payment.
The order may be delivered to a shipping address different from the billing address. The Company reserves the right to refuse or cancel any order from Customers with whom it has a dispute regarding previous orders.
The Company reserves the right to refuse and cancel an order if it believes that the Customer is engaged in distribution or carrying out an economic activity thanks to the Products thus ordered, or for any other legitimate reason.
In accordance with art. 7 of the Privacy Code (Legislative Decree 196/2003), the Customer has the right to access the personal data communicated by the same that concern him and to modify, rectify or suppress them. To exercise this right, it will be sufficient to send a communication to this effect to the email address ceramicando.palermo@gmail.com.
On the order form, the Customer must enter and validate the identification and quantity of the Products ordered and the selling price (also to be confirmed by the Company if necessary). Since this is a retail sale only, the quantity that a customer can order within a single reference is automatically limited according to the recommendations issued in this regard.
Please note that a single customer can order a maximum of 20 products of a single reference per order. If a higher quantity is ordered for the same reference, the order will be considered void.
The online Customer will be able to freely fill his/her Cart with products, delete an item that he/she no longer wishes to purchase, modify the quantities ordered or add products by selecting the corresponding buttons.
The Customer will then have to verify the billing address and shipping address, as well as the payment method chosen from those available on the site.
Once all this information has been entered and validated, the Customer will select the “Complete” button and the order will be sent directly to the Company’s Online Point of Sale service. At that point the Customer will see their order number appear.
The Customer is deemed to be bound by the Order from the moment the Company receives the duly completed and validated order form by the Customer by selecting the “Complete” button.
Subsequently, the order will be confirmed by the Company to the Customer by sending an email message containing all the information communicated by the Customer, with an indication of any difficulties or reservations raised by the order (availability of the Products ordered or chosen payment method) as well as a summary of the general and specific conditions applicable to the contract, the product sheet, the indication of the total price of the payment methods, the right of withdrawal, delivery costs and applicable taxes. In accordance with the conditions set out in ARTICLE 9, the order will be delivered once the relative payment has been received in full and collected by the Company under the conditions set out in ARTICLE 8.3.
The order and order receipts are considered received when the parties to whom they are addressed have the possibility of accessing the electronic messages.
The contract concluded by the Customer will be archived in the Le Terrecotte del sole database and the Customer will be able to access it via the 'My orders' page.
ARTICLE 5: RIGHT OF WITHDRAWAL / RETURNS AND REFUNDS
If your order has been shipped, we invite you to wait to receive it and then request a return. Please note that once the order has been confirmed, it can no longer be cancelled.
Before sending back the Products, the Customer must request authorization to proceed with the return directly through the site, in the specific "Return Request" section. Based on the reason for the return, you will be given the procedure to follow.
If you do not like the product you purchased, simply request a return authorization through the dedicated "Return Request" section and send the package back at your own expense* to:
Customer Service Ceramicando by Elisabetta Castagnetta
Via Isidoro la Lumia, 43/47
90139 Palermo (PA)
(Italy)
THE DEADLINE TO USE THIS RIGHT IS 14 CALENDAR DAYS
. Once the goods have been returned to the warehouse, their condition will be checked and subsequently, within approximately 14 days, the refund will be processed. Goods returned in conditions not suitable for return will not be refunded. The refund will be automatically issued to the credit card you used to make the purchase and you will receive confirmation by email to the address left in the order.
In the event that the product you received is different from the one you ordered, Ceramicando will take full responsibility for the return. You will have to request the return authorization through the appropriate "Return Request" section, you will be given instructions to define the collection service with the carrier, without any additional cost. As soon as the goods are returned to the warehouse, their conditions will be checked and subsequently, within approximately 14 days, the refund will be processed. Goods returned in conditions not suitable for return will not be refunded. The refund will be automatically issued to the credit card you used to make the purchase and you will receive confirmation by email to the address left in the order.
As soon as the goods return to our warehouse, for any reason, their conditions will be checked and subsequently, within approximately 14 days, the refund will be processed.
To replace a product you must always return it to Le Terrecotte del Sole, DO NOT go to any of our stores.
ARTICLE 6: ORDER PROOFS
In general, it is understood, by explicit agreement between the Company and the Customer, that e-mail messages will be binding between the parties, as well as the automatic registration systems used on the Site, in particular with regard to the nature and date of the order.
ARTICLE 7: CHANGES TO ORDERS
Any changes to an order requested by a Customer will be taken into consideration only if received by the Company by email before the Products are shipped.
ARTICLE 8: PRICE, BILLING AND PAYMENT
8.1 – Price
The prices indicated in the Product Catalogue accessible on the Site are updated daily, therefore they are subject to change without notice.
In any case, the prices invoiced will be those in force on the date of the order. The Customer may also benefit, during certain predetermined periods, from promotional offers on some Products, which will be announced online on the Site and will be valid within the period indicated and always within the limit of available stocks.
The prices indicated are always inclusive of. Any shipping costs abroad will be charged to the Customer in accordance with the provisions of the following art. 9.2.
8.2 – Billing
An invoice will be prepared for each order and made available to the Customer in his/her personal space. Any complaint regarding an invoice must be communicated to the Company by email within 10 days of receipt of the invoice (under the “Contact Us” heading). Otherwise, the invoices will be considered accepted without reservation. Any incomplete delivery of an order cannot justify the refusal of payment for the Products delivered. No dispute between the Customer and the Company may in any case constitute a reason for suspending payment of the undisputed part of an invoice.
8.3 – Payments
8.3.1 – Electronic payment
Electronic payments are made by selecting the “Payment by credit card” option. At that point, the transaction is carried out by the Customer in accordance with banking security standards. Thanks to the technical characteristics of the encryption program used on the Site, the payment data (credit card number and expiration date) communicated by the Customer cannot be intercepted by third parties. Consequently, none of this information passes through or can be stored on the Internet. By communicating their payment data, the Customer accepts in advance and unconditionally the secure execution of the transaction by the Company. In this sense, the Customer authorizes their bank to proceed with debits on their account based on the registrations or statements sent by the Company, even in the absence of invoices signed by the cardholder. The authorization to debit the Customer's account is always granted for the quantity of Product purchased as invoiced by the Company.
Online payment is made on a secure banking payment platform, which uses the SSL security system. The Customer accesses a security server, operating in SSL mode (128 bit) and certified by a Certification Authority.
The Customer must provide his/her payment details by filling out the online form. The order will be shipped once the full payment has been received and collected by the Company.
8.3.2 – Refusal of payment by bank check
For payments made through the Site, the Company will not accept the use of bank checks.
8.3.3. – Cumulation of payment methods
The payment methods referred to in point 8.3.1. are cumulative. In any case, the order will be shipped once the full payment has been received and collected by the Company under the conditions set out in the relevant points.
8.4 Payment with Scalapay
If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV Srl, related parties and their assignees, and that you authorize such assignment.
ARTICLE 9: SHIPMENTS
9.1 – Shipping methods
Shipments will be made exclusively within Italy.
Each shipment will be made via the carrier GLS or others chosen by the company.
Delivery will take effect upon collection of the Products by the carrier who will deliver the ordered Product to the shipping address specified by the Customer on the order form, with delivery to the Customer of the shipping note.
Shipments will be made according to availability and the order receipt sequence. In general, orders cannot be cancelled in the event of insufficient stock.
9.2 – Delivery times and costs
For each order confirmed from Monday to Friday (excluding public holidays) on the Site, the preparation of the order will take place the day after payment.
Subsequently, the shipping terms counted from the validation of the order will be as follows:
– Shipping via GLS Express Courier or other couriers within 24/48 hours of payment validation, free of charge.
In the event of exceptional shortage of stocks, the Customer will be notified by email or telephone and the Company will propose to the Customer one of the following alternatives:
– postpone the full delivery of your order until the date of re-stocking of the Product in question;
– accept a partial shipment with a refund of the purchase price for the undelivered Products; in this case the Customer may proceed with a new order when the Product in question is available again;
The Company will also inform the customer, within reasonable time, in the event of force majeure events likely to disturb the delivery process of the ordered Product.
If within 7 days from the indicated delivery date the ordered Product has not been delivered, for any reason other than force majeure, the sale may be cancelled upon request of the customer sent by registered letter with return receipt to be sent to the following address:
Customer Service Ceramicando by Elisabetta Castagnetta
Via Isidoro la Lumia, 43/47
90139 Palermo (PA)
(Italy)
The sales contract will be considered cancelled upon receipt by the Company of the Customer's letter containing notification of such decision if the shipment has not been made between the sending and receipt of such letter.
In this case, the total amount paid by the Customer will be refunded if the order is returned in full, in the form of a credit note or cash refund at the customer's choice, as soon as possible and no later than thirty days following the date on which the customer exercised his right to cancel the order.
The Customer may not claim any compensation or penalty from the Company for late delivery other than the refund of the value of the Products, regardless of the causes and direct or indirect consequences.
ARTICLE 10: RECEIPT OF PRODUCTS
It is the Customer's responsibility, or if different, the recipient of the package, upon receipt of the Product, to promptly verify the conformity and integrity of the Products shipped, as well as that the packaging is intact, not damaged, wet or otherwise altered, including in the sealing materials. In general, the reservations or observations made on the delivery note must be complete and precise, in particular, any damage must be precisely defined with reference to the order number.
ARTICLE 11: RETURN OF PRODUCTS
11.1 – Return of Products following the exercise of the right of withdrawal, as provided for in ARTICLE 5.
11.1.1 – Mode
In the event of a return of Products following the exercise of the right of withdrawal, as provided for in ARTICLE 5 above, the Customer must follow the Product return procedure described below.
The Products in question must be returned by the customer intact, in perfect condition and in their original packaging, in a new box and with a clear and legible indication of the initial order number. For logistical reasons, the products must be returned in their original packaging, complete, intact and in perfect resale condition. Any product that has been opened or damaged or whose original packaging has been damaged will not be refunded, accepted for return or exchanged.
The Company reserves the right to refuse any return that does not comply with the conditions mentioned above.
The Company does not accept parcels sent with costs paid by the recipient or cash on delivery.
In order to avoid any possible dispute, Customers who wish to exercise their right of withdrawal are strongly advised to return the Products in question in conditions similar to those of the initial shipment with a declared value corresponding to the price of the initial order and to keep proof of shipment (including the number of packages) until the order is fully refunded.
11.1.2 – Consequences
Any return accepted by the Company, following qualitative and quantitative verification of the returned Products, will entail the reimbursement of the Products under the conditions set out in ARTICLE 5.
11.2 – Return of Products in case of technical anomalies of the Product or reference errors
11.2.1 – Mode
In the event of a return of the Products due to technical anomalies or errors in the relevant reference, the Customer must follow the Product return procedure described below.
Technical anomalies or errors in the reference must be communicated to the Company by email (under the “Contact Us” section) within 10 days of the delivery date, indicating the Customer's references, the number and date of the invoice or proof of purchase, the product reference, the quantity and the exact reason for the request.
The Products in question must be returned by the customer within one month of the date of receipt of the order by the Customer, intact, in perfect condition and in their original packaging, in a new box and with a clear and legible indication of the initial order number. The Company reserves the right to refuse any return that does not comply with the conditions mentioned above.
The Company will not accept parcels shipped using methods other than freight paid with the label provided by the Company as part of this procedure.
11.2.2 – Consequences
Any return accepted by the company, after quantitative verification of the returned Products, will result, at the Customer's choice, in the creation of a credit note in his/her benefit, the free replacement or reimbursement of the Products, with the exclusion of any compensation or damages or interest.
ARTICLE 12: WARRANTY
Pursuant to articles 128 – 141 of the Consumer Code, which regulate the “Guarantee of conformity and commercial guarantees for consumer goods”, the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods when the lack of conformity occurs within two years of delivery of the goods.
In the event of a lack of conformity, pursuant to art. 130 of the Consumer Code, the consumer has the right to have the conformity of the goods restored free of charge by repair or replacement or to an appropriate reduction in price or to the termination of the contract. The customer/consumer loses the rights provided for by art. 130 of the Consumer Code if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect and that the action aimed at asserting the defects expires within twenty-six months from delivery of the goods.
The Customer and the Company agree and expressly accept that the date on which the Customer can ascertain the lack of conformity coincides with the date of delivery of the product. The Customer therefore accepting these contract conditions declares that any complaint must be forwarded within two months from the date of delivery of the product. Said complaint can be forwarded by e-mail to the following addressceramicando.palermo@gmail.com
In any case, any use of the goods that does not conform to the use established by the Seller/Manufacturer is not covered by the warranty.
With regard to product damages, the Company, as distributor, releases itself from any liability, none excluded and excepted, indicating the name of the manufacturer.
ARTICLE 13: LIMITATION OF LIABILITY
In the event that the Company's liability is invoked due to the failure to perform or poor performance of its services, by explicit agreement the total compensation may not exceed an amount equal to the price of the Product at the origin of the damage.
ARTICLE 14: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OF WHICH THE COMPANY IS THE OWNER
The Company holds a license to use the Site, which remains the exclusive property of Ceramicando di Elisabetta Castagnetta - Via Isidoro la Lumia, 43/47 – 90139 Palermo (PA) who created and published online the web pages, images, source scripts and basic data that make up the Site. They are therefore protected by copyright and intellectual property laws. Any unauthorized use will be prosecuted under the law. The customer is therefore prohibited from disseminating or reproducing the Site, in whole or in part, in any form. Furthermore, any hyperlink to the site using the framing, deep-linking, in-line linking or any other deep linking technique is in any case prohibited.
The Company is also the owner of the Ceramicando trademark. The Customer therefore recognizes the exclusive rights of the Company on its Ceramicando trademark and undertakes not to make any use of it and more generally not to infringe the intellectual and industrial property rights of the Company. The Company reserves the right to claim damages and interest in the event of counterfeiting and more generally of infringement of its intellectual and industrial property rights.
ARTICLE 15: SETTLEMENT OF DISPUTES – APPLICABLE LEGISLATION
Any dispute relating to the conclusion, interpretation, execution or interruption of the contract stipulated between the Company and the Customer, even in the event of a claim under guarantee or of several parties having agreed, in the absence of amicable agreements, will fall under the jurisdiction of the Court of the place of residence of the Customer. The relations between the Company and the Customer are subject to Italian law.
ARTICLE 16: Legislative Decree 196/2003 – Personal data protection code
Pursuant to art. 13 of the Privacy Code, the Company informs the Customer that the personal data provided by the Customer (name and surname, electronic and physical addresses, telephone and fax numbers) are acquired by the Company for the purposes of good order management, correct and legitimate execution of the sales contract by both parties, good execution of shipments and invoices, to allow the use of assistance services, to respond to any requests, and are managed in the manner and in compliance with the provisions of the Privacy Code. In particular, it is communicated that the data will be collected from the Data Controller according to the indications of the Privacy Code also with regard to the minimum security measures provided for (art. 33, 34) and their processing using IT tools (art. 35), manual and automated with logic strictly related to the purposes indicated above and in any case in a way to guarantee the security and confidentiality of the same.
The information that must be entered by the Customer in order to forward the order is identified online by an asterisk. If the interested party does not intend to respond, it will not be possible to forward the order, use the services and provide all those services for which it is essential to have personal data.
The Customer has at any time the right to access, modify, rectify, integrate, update, cancel and suppress personal information concerning him/her collected by the Company in accordance with art. 7 of the Privacy Code, always without prejudice to the right to oppose for legitimate reasons the aforementioned processing by requesting the cancellation, transformation into anonymous form or blocking of data processed in violation of the law as well as the right to oppose the processing of data for the purpose of sending advertising material.
The Customer also has the right to obtain confirmation of the existence or otherwise of personal data concerning him and their communication in an intelligible form as well as the indication of the origin of the personal data, the purposes and methods of processing, the identification details of the Owner, the managers or the categories of subjects to whom the personal data may be communicated or who may become aware of them.
To exercise this right, the Customer may, without formalities pursuant to articles 8 and 9 of the Privacy Code, at his/her choice send an email (to the “Contact Us” section) or send a postal letter to the Company at the following address:
Customer Service Ceramicando by Elisabetta Castagnetta
Via Isidoro la Lumia, 43/47
90139 Palermo (PA)
(Italy)
(with a copy of the identity card attached).
By placing an order on the Site, the Customer gives his/her consent to the use of the personal data acquired upon receipt of the order in the form of a customer card by the Company for invoicing purposes. The Company will store this information on computer media for a period of 2 years from receipt of the order.
Subject to the specific consent of the Customer, the Company may also use the personal data relating to the Customer for the purpose of sending the Customer commercial offers that are potentially of interest to the Customer.
The Customer's personal data may be communicated to external parties on behalf of the Company (to carry out activities connected with the sales contract concluded between the Customer and the Company such as bookkeeping, tax compliance, management of information systems, management and/or maintenance of the site and electronic and/or telematic tools) as well as to the manufacturers of the goods offered for sale on the site to verify the Customer's consumer status and to banking institutions for the management of payments deriving from the execution of the contract.
ARTICLE 17: CUSTOMER SERVICE
Through the Site, the Company makes available to the Customer a Customer Service in order to respond to all requests and comments that the Customer may submit regarding the use of the Site, and to allow appropriate advice to be provided regarding the sale of cosmetic products.
You can use Customer Service:
– via email to the “Contact Us” section,
– by postal letter to be sent to the address
Customer Service Ceramicando by Elisabetta Castagnetta
Via Isidoro la Lumia, 43/47
90139 Palermo (PA)
(Italy)
ARTICLE 18: NON-WAIVER
The fact that the Company refrains from demanding at a given time the execution of any of the provisions of these General Conditions of Sale may not be interpreted as a waiver to further invoke the aforementioned total or partial execution.
ARTICLE 19: VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of these General Conditions of Sale are declared null and void, in whole or in part, the other provisions and other rights and obligations arising from these General Conditions of Sale shall remain unchanged and fully applicable.
ARTICLE 20: ACCESSIBILITY OF THE GENERAL CONDITIONS OF SALE
The latest updated version of the Company's General Conditions of Sale is constantly accessible online by the Customer. Simply select the item "Conditions of Sale", where reference is made to the aforementioned General Conditions of Sale in their full version, as well as for greater convenience in the various sections, including Shipping, Returns, Payments, Data or Confidentiality (use of personal data).
The Customer may also obtain this document by writing to
Customer Service Ceramicando by Elisabetta Castagnetta
Via Isidoro la Lumia, 43/47
90139 Palermo (PA)
(Italy)