General Conditions of Sale
Offers made on this on-line store are made by Interni Oleari di Oleari Mauro in conformity with applicable laws governing e-commerce and distance contracts.
Interni Oleari di Oleari Mauro is the Official Reseller Authorized by all Brands participating on this on-line store and Website.
Data of the Reseller:
OLEARI MAURO - Sole proprietorship
180, Via Vignolese – 41124 Modena (MO)
Tel & Fax: +39 059 301862 E-mail: email@example.com
P.I. 02284870363 Cod. Fisc. LROMRA62S02F257O
Tax Domicile: 55 Via Ticino - 41019 Soliera (MO), Italy
By placing Orders via this on-line store Buyers acknowledge to have read and understood all of the above data and information and agree that all Orders shall be placed subject to and in accordance with these General Terms and Conditions of Sale.
These general terms and conditions of sale (“General Conditions”) shall govern all aspects of the sale(s) of products commercialized via this on-line store by the sole proprietorship of Interni Oleari di Oleari Mauro (hereinafter, “Products”). All contracts for the sale of Products by Interni Oleari di Oleari Mauro to third parties hereunder (the, “Buyer[s]”) shall be governed by these General Conditions, which shall form an integral part of each and every Offer, Purchase Order and Purchase Order Confirmation of Products. The terms and conditions of sale applicable to all Orders shall be those in force and effect on the date of the same Order(s).
1. Products: Prices and Characteristics
Unless otherwise specified, Purchase Prices of Products advertised on this Website by Interni Oleari di Oleari Mauro shall be in Euro and inclusive of VAT (and shipping for and to areas mentioned on the technical specifications sheet for each product).
Purchase Prices reserved Buyers shall be what published on this Website at the time an Order is delivered, excluding any additional shipping cost for deliveries to all areas not clearly included. Purchase Prices are firm, fixed prices.
Technical and functional characteristics of Products as advertised and published by Interni Oleari di Oleari Mauro herein and elsewhere on the Internet shall be as authorized by the respective Brand Manufacturer of the Products. Interni Oleari di Oleari Mauro shall not assume any liability in respect of the content, including the exactness or exhaustion of the technical or functional characteristics of Products. Product images are purely indicative and not contractual.
Samples of Products are not available for delivery, nor shall Products be delivered on a trial-basis. While Reseller can furnish indications regarding the characteristics of Products, Buyers alone are responsible for choosing Products that satisfy their needs and expectations on the basis of specifications that conform to what furnished by each Brand Manufacturer.
2. Purchase Orders - Invoicing
Each and every Purchase Order sent to Interni Oleari di Oleari Mauro shall constitute a contractual Purchase Order (or Purchase Offer) of the Buyer. Delivery of the Purchase Order shall constitute acceptance of the Purchase Offer and confirmation of the Purchase Order.
The fiscal documentation regarding Products ordered shall be issued by Interni Oleari di Oleari Mauro upon shipment of Products to Buyer, at which time, Interni Oleari di Oleari Mauro shall also issue the relevant invoice therefor. The Buyer shall be responsible for specifying the information required for proper invoicing, including shipping address of Products and Invoice.
3. Process and Handling of Purchase Orders
Orders shall be carried out as specified on the Website.
Normally, deliveries of Products marked, “available”, to Italian Buyers and destinations shall take place within a timeframe of 10/60 days. Similarly, Products marked, “available”, to be delivered to European Buyers and destinations shall take place within a timeframe of 20 /90 days.
If performance is delayed by Interni Oleari di Oleari Mauro because the Products ordered by a Buyer are not available for delivery as scheduled, Reseller shall inform Buyer as soon as possible after Products again become “available” when delivery can take place. In the event delivery can take place within sixty (60) days thereof, Buyer may not refuse delivery. However, in the event delivery cannot take place within sixty (60) days, the Buyer may, within forty-eight (48) hours of receipt of the new delivery date by Interni Oleari di Oleari Mauro, make known by e-mail Buyer’s options to either take or refuse delivery on the new delivery date. In such an event, Interni Oleari di Oleari Mauro shall fully reimburse Buyer of any sums already paid Reseller therefor, within seven (7) days of receipt of Buyer’s e-mail informing Reseller of Buyer’s refusal to take delivery.
In the event of breakage, stock depletion or unavailability of Products on order, Interni Oleari di Oleari Mauro shall undertake to inform Buyer(s) as soon as possible of when such Products will again become available.
In the event the unavailability of (a) Product(s) is / are due to causes attributable to the relevant Brand Manufacturer or, in the event their unavailability - other than for the reasons of force majeure stated in art. 9 - becomes permanent, Interni Oleari di Oleari Mauro shall be fully exonerated from any liability therefor vis-à-vis [the] Buyer(s). In such cases, the underlying sales contract shall automatically be determined as of the date of Interni Oleari di Oleari Mauro’s notice to Buyer that Products are no longer available, subject only to Interni Oleari di Oleari Mauro’s obligation to reimburse [the] Buyer(s) of any sums already paid therefor.
4. Acceptance of Purchase Orders
Written acceptance by Interni Oleari di Oleari Mauro of a Buyer’s Purchase Offer (or Order) shall close the underlying sales contract between Reseller and Buyer.
Buyers will receive by facsimile, post or e-mail written Notices from Reseller when Purchase Orders are received. Such Notice will specify the contents of all Orders accepted by Reseller (including products ordered, prices, delivery dates and shipping costs, etc.) and constitute Reseller’s Order Confirmation.
Interni Oleari di Oleari Mauro reserves itself the right not to accept and confirm Purchase Orders for whatever reasons, without incurring in any liability therefor, particularly whenever problems arise with Buyer’s Purchase Order, including the availability of Products or, in the case of Products destined for exportation, due to importation problems in the Buyer’s jurisdiction.
5. Delivery of Products
Products shall be delivered to the address specified by the Buyer(s).
Delieveries shall take place after Reseller has received payment confirmation: In the case of Bank wire transfers, confirmation shall toll from the time funds are credited to the bank account specified by Interni Oleari di Oleari Mauro. In the case of payments by credit card, confirmation shall toll from the time the specific credit card organization confirms the transaction has cleared.
Interni Oleari di Oleari Mauro only makes use of qualified shippers and freight forwarders such as Tramo, Dmi, UPS, DHL or Couriers that are specialized in the shipping and handling of furniture and furnishings to ensure quality of service and Product safety, which Couriers Buyers declare to accept without reservations.
6. Terms of Delivery
Normally, Products available from stock can be delivered to Italian destinations within a timeframe of about 10/60 days and to other European destinations within a timeframe of about 20 /90 days. In any event, it shall be understood and agreed that delivery terms specified on this Website, while carefully evaluated, are not binding on Interni Oleari di Oleari Mauro, which may subsequently confirm or modify them in accordance with Reseller’s needs. Shipping terms are expressed in working days.
Deliveries of Purchase Orders made up of items each having different terms of delivery shall not take more to deliver than the item with longest term. Buyers may not refuse deliveries of Products delayed by less than thirty (30) days, nor demand to be held harmless and indemnified or seek damages therefor.
Interni Oleari di Oleari Mauro reserves itself the right to organize deliveries of one or more Purchase Orders involving more than one Product in successive shipments at Reseller’s sole and absolute discretion.
Delivery shall be deemed fully performed by Reseller upon consignment of the Products to the Buyer.
The delivery document issued by the shipper or forwarder, once dated and signed by the Buyer at the time of delivery of the Product(s), shall constitute proof in matters of transportation and shipment that the Products were properly released into the custody of the Buyer.
7. No Deliveries above ground level and Assembly
Deliveries of Products shall occur at ground level only: Couriers will not take Product(s) to floor apartments of buildings or condominiums, nor take back used furniture for disposal.
Interni Oleari di Oleari Mauro does not offer assembly services, except by prior written agreement. Most Products supplied by Reseller are shipped pre-assembled.
IT IS IMPORTANT TO KNOW THAT:
Upon delivery, Buyers must verify contents, conformity and the state of the Product(s). Consequently, on even date with delivery, Interni Oleari di Oleari Mauro strongly recommends Buyer(s) take the time required to ascertain the state of the Products delivered before signing the Receipt, particularly:
that the number of items delivered corresponds to what specified in the transportation documents accompanying the shipment;
that the packaging be neither torn, wet, damaged or altered in any way, and regardless that the packaging be checked to ensure the integrity thereof.
Should Buyer(s) discover any anomalies, they should refuse to accept delivery of the Products or date and make known their written “reservations” in detail. Such reservations should be confirmed to the Courier(s) by return receipted registered letter or by certified e-mail sent to firstname.lastname@example.org within the three (3) days following delivery of the Products. One copy thereof must be addressed to Interni Oleari di Oleari Mauro.
If the Courier’s document is signed without any “reservations”, the Buyer may not subsequently raise any objections as to the external characteristics of what delivered. Any claims dealing with the physical integrity of Products delivered, their number(s) or conformity must be lodged within three (3) days of any delivery.
Interni Oleari di Oleari Mauro reserves itself the right to choose Couriers at its sole and absolute discretion for the transportation and shipping of Products to be delivered hereunder, without Buyers having any right to oppose or otherwise challenge Reseller’s choice thereof.
Any particular terms and conditions of delivery must be agreed in advance by and between a Buyer and Interni Oleari di Oleari Mauro and accepted in writing by Interni Oleari di Oleari Mauro.
8. Buyer Absence on Delivery
Should Buyers be absent on the day Products are delivered, Couriers are instructed to leave a Notice at the delivery address specified by Buyers, specifying when and where the Products may subsequently be collected by Buyer(s).
In the event Products are not collected within the time-limit set by the Courier, such Products will be returned to Interni Oleari di Oleari Mauro, which will withhold 50% of the price paid by Buyer for Products in addition to any shipping costs incurred.
In the event of delivery of Products that do not conform to what ordered, Buyer(s) shall return said Product(s) to Interni Oleari di Oleari Mauro within seven (7) days of receipt, provided that they are returned closed in their original packaging together with all accompanying documents.
Once the Product(s) have been properly received, Interni Oleari di Oleari Mauro shall again resend Products, at its expense, to Buyer.
9. Force Majeure
The following shall be explicitly considered to constitute cases or reasons of force majeure, in addition to what normally considered by case-law:
labor unrest leading to full or partial strikes, whether inside or outside of a business, blockage of any means of transportation or sourcing for whatever reasons, government or legal restrictions, IT glitches, blockage of telecommunication devices, including networks and The Internet.
In the event of force majeure, performance of any Order shall in the first instance be suspended.
Should the parties become aware of a reason of force majeure lasting more than three (3) months, the underlying Order shall be automatically cancelled, with the exception of what otherwise agreed by and between the parties.
10 Product Warranty - Technical Assistance
Interni Oleari di Oleari Mauro warrants only the material integrity of Products at the time of delivery (hereinafter, the “Warranty of Interni Oleari di Oleari Mauro”).
10.1 Any and all defects covered by the Warranty of Interni Oleari di Oleari Mauro must be claimed by Buyer(s), under pain of decadence, within a period not to exceed ten (10) days from the date of delivery. In the event of valid Warranty claims, Buyers shall only have the right to replacement of damaged Products returned to Reseller, all damages, including additional damages, being disallowed Buyer. The necessary cost and expense of shipment for the replacement of Products shall be for the account of Interni Oleari di Oleari Mauro.
10.2 Interni Oleari di Oleari Mauro shall not warrant Products above and beyond the Warranty of the individual Brand Manufacturer(s), any joint liability therefore denied and excepted by Interni Oleari di Oleari Mauro. Technical assistance and In-Warranty Service on Products shall, where provided, be carried out by the relevant individual Brand Manufacturer, subject to and in accordance with the documentation attached to the Products. In particular, Interni Oleari di Oleari Mauro does not warrant the compatibility of Products with other products, appliances or equipment used by Buyer(s), nor does Interni Oleari di Oleari Mauro issue any warranty of fitness for a specific purpose of the Buyer.
10.3 Other than in the case of willful misconduct or gross negligence by Interni Oleari di Oleari Mauro, it shall be understood and agreed that should the liability of Interni Oleari di Oleari Mauro be ascertained for any reason or cause whatsoever, including total or partial breach or non performance of the obligations of Interni Oleari di Oleari Mauro, vis-à-vis the Buyer, the liability of Reseller shall in no case exceed the price of the Products purchased by the Buyer hereunder.
11. The Right of Withdrawal and Cancellation
11. 1 Subject to and in accordance with what provided for in art. 5 of Law D. Lgs. 22 May 1999 No. 185 (“Consumer Protection in Distance Contracts”), Buyers that qualify as “Consumers” under art. 1 letter b) of the aforesaid Law shall have the right to opt out of the underlying sales contract and “Withdraw” therefrom, by returning the Products ordered, without incurring in any penalties and without specifying any reason, within a term of ten (10) working days from the day the Products were received.
11.2 The above Right of Withdrawal must be exercised by the Buyer, under the pain of decadence, by sending a return receipted registered letter to the following address: email@example.com within a term of ten (10) working days from receipt of the Products. The above notice may also be sent - within the same time-limit - by telegram or facsimile to the following number: +39 059 301862, provided it is confirmed by return receipted registered letter within the next following forty-eight (48) hours.
11.3 The return of all Products must first be authorized by Reseller’s After Sales Service and, once approved, all Products to be returned must be returned at Buyer’s cost and expense to Reseller in their original condition and packaging to the following address:Interni Oleari di Oleari Mauro - 178 - 180 Via Viagnolese, 41124 Modena, Italy. No C.O.D.’s will be accepted.
11.4 Once the Products have been returned to, and accepted by, Interni Oleari di Oleari Mauro after having ascertained the integrity thereof, Reseller shall promptly and regardless not exceeding fifteen (15) days from receipt thereof, credit Buyer with the cost of the returned Products (as specified in the relevant invoice), less the original shipping costs, which shall definitely remain for the account of the Buyer.
11.5 The Right of Withdrawal shall not apply in the case of Products “made-to-order”, i.e. Products manufactured at the express order and specifications of the Buyer or in the case of Products made of materials and characteristics specifically requested by a Buyer that are not part of the normally “available” Products Reseller keeps on stock. In short any Product(s) that is / are not immediately “available” for purchase.
In the event Products returned to Reseller for Withdrawal purposes are damaged in transit, Interni Oleari di Oleari Mauro shall notify the Buyer of the incident (within five (5) working days of receipt of the Products at the warehouse of Reseller) in order to allow the Buyer to promptly lodge a claim with the Courier chosen by the Buyer and obtain reimbursement of the value of the Product(s) (if insured). In such a case, the damaged Product(s) will be placed at the disposal of the Buyer for the purpose of returning it / them to Buyer, at the same time canceling any Withdrawal.
Interni Oleari di Oleari Mauro declines any and all liability in the event of loss, theft or damage to Product(s) returned to Reseller without insurance coverage.
During the period of Withdrawal cited herein above, Buyers shall be deemed to assume custody of Products and be liable therefor. Should Products be damaged or destroyed during such period, Buyers shall forfeit any Right of Withdrawal.
Payment of the price of Products shall be due from the time Orders are placed. Buyers shall pay the price agreed for the Product(s) ordered on this Website, plus shipping & handling costs, as well as any applicable VAT or other taxes, including import duties, due in the jurisdiction where the Products are to be delivered to Buyer.
Buyers may make payment by means of the following:
In such case Buyers warrant Interni Oleari di Oleari Mauro that they possess the necessary authorizations required to use the particular Credit Card for on-line ordering and payment purposes.
Should a wire transfer fail to reach Interni Oleari di Oleari Mauro within ten (10) days following an Order Confirmation by Interni Oleari di Oleari Mauro, Reseller shall reserve itself the right to cancel the relevant Order. Bank details shall be furnished at the time Orders are placed.
In the above case, Buyers warrant Interni Oleari di Oleari Mauro that they possess the necessary authorizations required to use Paypal for on-line ordering and payment purposes.
13. Default - Reservation of Title
Products ordered hereunder shall remain the property of Interni Oleari di Oleari Mauro until full and final payment of the price has been received by Interni Oleari di Oleari Mauro, which subject to and in accordance with Art. 1523 et seq. of the Italian Civil Code (I.c.c.) reserves itself the right to reclaim all Products that are not paid for in full.
In the event a Buyer defaults, in whole or in part, on the payment of any Product(s), Buyer, shall, at the request of Interni Oleari di Oleari Mauro return such Product(s) to Reseller at Buyer’s sole cost and account. In such instances, Interni Oleari di Oleari Mauro will reimburse Buyer(s) of any installments in the price of Products that may have been already paid by such Buyer(s), without prejudice to Reseller’s right to sue for any damages to Products that are not attributable to Supplier(s) or Courier(s).
Claims for lack of conformity of Product(s) delivered hereunder must be lodged in writing directly with Interni Oleari di Oleari Mauro, immediately upon receipt thereof. Buyers agree to keep the original packaging and delivery documents.
15. Personal data and information
Use and storage of personal data and information on computers, including handling of e-mail addresses of users of this Website shall at all times take place subject to and in accordance with Italian laws governing privacy on the Internet.
Information required of Buyers are indispensable for the processing and handling of Purchase Orders, Invoices and Reseller’s Warranty and may be communicated to the Brand Manufacturers (or, “Contractual Partners”) of Interni Oleari di Oleari Mauro.
Buyers shall have the right to object to and deny their consent to the collection, storage and use of such communications, including personal data and information, and in accordance with what provided by law avail themselves of the right to access, modify and/or cancel all personal information and data collected and stored by Interni Oleari di Oleari Mauro on its Website, Servers or Computer Systems by writing to Interni Oleari di Oleari Mauro at: 180 Via Vignolese - 41124 Modena (MO), Italy - Tel. & Facsimile: +39.059.301862, e-mail: firstname.lastname@example.org.
In order to avoid fraudulent use of the above right to privacy, Interni Oleari di Oleari Mauro may demand proof of a Buyer’s identity and domicile.
16 Electronic (Digital) Signatures
Clicking on “Agree” shall constitute a Buyer’s electronic signature, having the same value as a hand-written signature.
Notwithstanding the above, the parties agree to affix a second electronic signature to expressly approve the clauses specified herein below subject to and in accordance to what provided by arts. 1341 and 1342 I.c.c., by means of clicking “Agree” a second time.
17. No Waiver
The failure by Interni Oleari di Oleari Mauro to challenge a Buyer(s) breach of its obligations shall not be interpreted as a waiver or continuing waiver of Reseller to do so in the future.
18. Intellectual Property
Interni Oleari di Oleari Mauro has Title to this Website and to the IP Rights over the catalogs of the On-line Store and their contents. Any reproduction sale or transfer thereof, whether in whole or in part, regardless of the media, shall be strictly forbidden.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
20. Applicable Law and Jurisdiction
Italian law shall govern the duties and obligations of Buyer(s) and Reseller.
In the event of a dispute arising by and between the parties hereof and, in the event such parties are unable to amicably settle any such dispute, without prejudice to any mandatory disposition provided for under Italian Consumer Protection Laws (as defined pursuant to art. 1 letter b of Law D. Lgs. 22 May 1999, No. 185), all disputes or controversies however connected to or with these General Conditions, shall be heard and decided exclusively by the Tribunal of Modena, Italy.
21. Entire Agreement
These General Conditions enumerate all of the obligations entered into by and between the parties and constitutes the entire agreement of the parties on the subject matter hereof. No other general or particular conditions of purchase of the Buyer(s) shall apply, supersede or otherwise change these General Conditions.
Subject to and in accordance to what provided in articles 1341 and 1342 of the codice civile italiano, Buyer(s) hereby declare to have expressly read, understood and approved the following clauses of these General Conditions of Sale: 1- (Products: Prices and Characteristics)-3- (Process and Handling of Purchase Orders)-4 (Acceptance of Purchase Orders)-5 (Delivery of Products)- 7(No Deliveries above ground level and Assembly)-8( Buyer Absence on Delivery)-10(Product Warranty - Technical Assistance)-11(The Right of Withdrawal and Cancellation)-13(Default - Reservation of Title)-14(Claims)16(Electronic (Digital) Signatures)-19(Invalidity)-20(Applicable Law and Jurisdiction)