PRODUCTS AND IMAGES ON OUR WEBSITE
Any use of the images contained on the website ceramicheilvolo.it, not authorized by our written permission, will be prosecuted according to law. For any information please contact us: info@ceramicheilvolo.it
TERMS AND CONDITIONS
Ceramiche Il Volo e-commerce general terms and conditions of sale
Goods object of the present General Terms and Conditions of Sale are sold by Il Volo Fabrizio Rocchi, owner of www.ceramicheilvolo.it website, having its registered office in Via del Castello, 2/4 – 53047 Sarteano (SI), Italy, registered at the Siena Chamber of Commerce, number REA: SI-106769, VAT identification number and tax id number RCCFRZ71R06G478F – 00926430521, hereinafter named Ceramiche Il Volo.
Please feel free to contact us with any questions you may have or for further details at the following phone number or e-mail: (+39)578266442, info@ceramicheilvolo.it
Art. 1 – Definitions and object of the contract
“Online sales contract”: sale agreement concerning the Products offered for sale on www.ceramicheilvolo.it website, stipulated between the Supplier Ceramiche Il Volo and the Purchaser (“Purchaser”: consumer, person who physically makes the purchase ruled by present agreement, for purposes not related to his professional or commercial activity). With the present Contract respectively the Supplier sells and the Purchaser buys throughout Internet, goods advertised and offered on Website www.ceramicheilvol.it.
Art. 2 – Online sales contract conclusion and validity
2.1. The contract between Ceramiche Il Volo and the Purchaser will be only stipulated throughout access of the Purchaser to www.ceramicheilvolo.it website in which, by following the specified procedures, he will have the possibility to purchase the goods and to stipulate the sales contract as specified at art.1
2.2. The online sales contract is concluded when the Purchaser has filled in the Order Form, accepted the present general terms, given consent to the purchase by making the online subscription and by filling in the form attached to the electronic catalogue on www.ceramicheilvolo.it. The form needs subsequently to be sent. The Order Form can be displayed on a Order Summary page. Inside the Order Summary page all details of the Purchaser and his order will be displayed, as well as the data of the parties, the price of each item, freight costs, payment terms and methods, delivery address. Price does not include possible freight costs for non-Italian Countries.
2.3. Ceramiche Il Volo will confirm by e-mail to have properly received the order of the Purchaser. The e-mail will be sent at the Purchaser e-mail address, it will report hour and date of the order implementation and a “Purchaser Number Order”, that should be used in every further communication. The message will contain all the data given by the Purchaser, that should verify their exactitude and promptly communicate any error to Ceramiche Il Volo.
2.4. Orders can only be canceled by email the day before the date of shipment. In case of cancellation please send an e-mail with your order number at info@ceramicheilvolo.it
Art. 3 – Payment methods
All payment made by Purchaser is only accepted if made by one of the methods listed in “payment” section on the Website:
– PayPal, a secure system used around the world. You can pay either by credit card or through your Paypal account. Payment is made through PayPal safe server. During the purchasing procedure Ceramiche Il Volo never gets any information or data about the Purchaser’s credit card. Information and data about the Purchaser’s credit card will directly be transmitted to the Website of the bank that executes the transaction. Is never responsible for any fraudulent or improper use of credit cards during the payment transaction. Refunds to Purchaser may be made by Ceramiche Il Volo to your PayPal account in the manner provided by PayPal. Ceramiche Il Volo is not responsible for delays and/or damage caused during repayment.
– Advance Wire Transfer. The advance wire transfer is accepted as an alternative payment method, and the order will be handled within three working days after receiving the confirmation of the credit. The Purchaser shall make the payment within three days of receipt of the email confirming the receipt of the order and send a copy of the bank transfer at Ceramiche Il Volo by email at info@ceramicheilvolo.it within four working days of receipt of the e-mail confirming the receipt of the order. The purpose of the bank transfer must contain: 1) holder of the order, 2) order reference number, 3) the date of the order. Payment details for wire transfer:
IBAN: IT95L0885172030000000011511
SWIFT CODE: ICRAITRRNN0
BANK NAME: Terre Etrusche di Valdichiana e di Maremma – Credito Cooperativo – S.C. in forma breve BANCA TEMA
CURRENT ACCOUNT HOLDER: FABRIZIO ROCCHI
Art. 4 – Shipment & delivery
4.1. Ceramiche Il Volo will deliver ordered products with international express couriers GLS, BRT, FedEx or other international carriers to all of the countries included on the destination list. For small packets can also be used the recommended service of the Italian Post. Goods will be shipped within 5 – 7 (five – seven) working days upon receipt of payment on our bank account. Delivery is at your address, with transportation costs charged of Purchaser included in the order, excluding duties and taxes of the State of destination (customs duties and taxes in the destination country, for non-Italian Countries, are paid by Purchaser in the Country of destination).
4.2. If we are not able to deliver your order in time (within five – seven working days from receipt of payment, as paragraph 4.1) we will promptly advise the Purchaser. A few days of delay are to be considered as possible and do not constitute a reason for the Purchaser to exercise the right of withdrawal. Notwithstanding the term of 30 (thirty) days from receipt of the order, the time schedule for delivery of the goods to be regarded as indicative.
4.3. Delivery costs will be evaluated and specified, when the Purchaser will put its address, during the purchase procedure, before the Purchaser confirmation of the order. Shipping fees depend on volumetric weight, i.e. on a figure determined by a conversion factor that translates volume into taxable kilograms.
4.4. For the delivery of the goods requires the presence of Purchaser or its representative at the address indicated in the order. The courier will deliver the goods at the place specified in the order.
4.5. Upon delivery of the goods by the courier, is required to check by Purchaser:
– that the number of packages delivered corresponds to that indicated on the transport document;
– that the packaging is not damaged or altered, including the sealing materials.
Any damage to the packaging and/or the mismatch in the number of packages should be immediately notified at the courier. Once signed the slip, the Purchaser shall not make any objection on the external characteristic of the delivered.
4.6. There is no telephone notice to the Purchaser by the courier. In case of absence of the Purchaser, the courier will leave notice to be contacted for delivery. In case of failure, the order will be canceled due to the impossibility of carrying out the delivery. Ceramiche Il Volo will notify the cancellation at the Purchaser by e-mail. The costs incurred for the attempted delivery and cost of return shipment of the goods at Ceramiche Il Volo will be borne by the Purchaser who has not collected the goods.
4.7. If we are not able to deliver your order in time due to unavailability, even temporarily, we will contact promptly with the Purchaser. The amount already paid by the Buyer shall be refunded as soon as possible, but no later than 30 (thirty) days from the receipt of the order purchase (see art 6.4).
4.8. Packing. Ceramiche Il Volo realizes a secure package for the shipment of its products all over the world. Items are generally packed in a sturdy cardboard box and a inside packing.
Art. 5 – Prices
5.1. All sale prices displayed on www.ceramicheilvolo.it are in Euros and constitute a public offering, in accordance with Article 1336 of the Italian Civil Code.
5.2. If present, freight costs and other possible additional costs, even if not included in the price, will be evaluated and specified during the purchase procedure, before the Purchaser confirmation of the order and will also be specified in the Order Summary page (see paragraph 4.3).
For delivery to countries not included in the purchase process, please send an e-mail us for a quote at info@ceramicheilvolo.it
5.3. Price does not include possible customs duties costs for non-Italian Countries, that the Purchaser must be pay directly at his country.
5.4. Ceramiche Il Volo reserves the right to change prices at any time, of course, keeping prices unchanged relative to the order confirmations already sent.
Art. 6 – Product availability
6.1. Ceramiche Il Volo ensures via the use of electronic instruments to process and fulfill the order within the time indicated. Product availability will be confirmed through the acceptance of your order and the conclusion of the contract. In case of wrong approval Ceramiche Il Volo will communicate to the Purchaser the cancellation of the order within 24 hours without any compensation to the Purchaser.
6.2. Ceramiche Il Volo will confirm by e-mail to have properly received the order of the Purchaser, as art. 2.3.
6.3. The Purchaser can only purchase the products showed (‘available’) in the electronic catalogue at the moment of submitting the order as they are described in the information sheet. The picture associated to the product information sheet can slightly differ from the product itself and its characteristics.
The products are hand-made and painted-made, every product is an ‘unique piece’. This is the feature of every hand-made object. Therefore we trust in the Purchaser’s awareness that items ordered will never be exactly like the samples (products could have slight variations compared to photos). We don’t accept claims about this reason. Any irregularities or small differences between the object in the picture and the item shipped are not considered defects but a guarantee of handcrafted production.
6.4. The word ‘available’ is purely indicative because of the possibility of multiple purchases at the same time by multiple users. For this reason Ceramiche Il Volo reserves the right, once received the order, to check the availability of the goods and, failing that, to promptly notify the non-acceptance of the order sent. No responsibility can be attributed to Ceramiche Il Volo.
Ceramiche Il Volo reserves the right to cancel the order when there are unexpected such as to make it impossible to execute the same, subject to reimbursement of the amount paid (see 4.7).
Art. 7 – Limitations of liability
7.1. Ceramiche Il Volo is not responsible for any inefficiency caused by exceptional circumstances (force majeure) or by a third party, shipping agents included. If the order cannot be implemented in the expected time, Ceramiche Il Volo is not responsible for it and it will not respond in any way for any loss/theft or damage of goods returned with uninsured shipping. It is not responsible for any inefficiency or malfunction due to Internet use and out of its control.
7.2. Ceramiche Il Volo is also not responsible for any damage, loss and additional costs for the Purchaser due to the unsuccessful implementation of the contract for reasons that are not attributable to Ceramiche Il Volo. Ceramiche Il Volo is in no way liable for any loss or damage, whether direct or indirect, caused to the Purchaser by the purchased products, excluding, however, the manufacturer’s responsibility under law. In any case, the liability of Ceramiche Il Volo, for indirect or direct damage caused by the purchase of the product or, in any way connected or derived from the sale of the same and/or the purchase agreement, shall not exceed the total amount of the item.
7.3. Ceramiche Il Volo is not responsible for any Third party fraudulent or improper use of credit cards, cheques, and other payment methods used to buy its products.
Art. 8 – Guarantees and Refunds
8.1. Ceramiche Il Volo guarantees that the products comply with European Union and Italian applicable laws. If the Purchaser notices an evident default in the products, he should inform Ceramiche Il Volo as soon as possible by e-mail at the address info@ceramicheilvolo.it and in any case never any later than 14 (fourteen) business days after the delivery of the goods.
8.2. Refunds and returns. Ceramiche Il Volo guarantees that it will replace or refund (according to the procedures referred to in paragraph 9.7) all the products defective, broken or incorrectly shipped, justifying the responsibility of the company.
Statement on product quality. Our company makes artistic ceramics/majolicaware handmade, and then we cannot guarantee uniform and perfection as made-machine products. Ceramiche Il Volo does not consider minor differences that are a natural part of a normal, accurate and professional production of handcrafted goods as defects or damage. If a Purchaser chooses to return an item for product defect, he/she must specify the nature of the defect and its precise location. Damages resulting from the incorrect use of a product are not guaranteed. Replacements and refunds are subject to technical verification by Ceramiche Il Volo.
Please note. The costs for merchandise returns will be free of charge only in the cases indicated above and, especially in the case of product defect, once the item has been checked and the problem confirmed by our professional staff. If the merchandise is returned for any other reason, shipping costs will be detracted from the Purchaser’s refund.
8.3. Procedure for defective/mistaken item returns:
– the Purchaser must inform the company by e-mail (info@ceramicheilvolo.it) , including a photo, indicating the date of the package received, the invoice number or the number of another sales document and the description and location of the defect;
– Ceramiche Il Volo will provide the Purchaser with a return authorization number (RAN/Shop), which must be included in the letter that accompanies the return. The RAN number must also be written very clearly on the external package;
– any shipments sent carriage forward and without the return authorization number (RAN/Shop), will not be accepted.
Art. 9 – Right of withdrawal and cancellation of the contract
9.1. The Purchaser has the right to withdraw in accordance with legislative decree n. 50 dated 15/01/1992 and legislative decree n. 185 dated 22/05/1999. This right is due only to those clients who, according to the aforementioned decrees, fit the definition of “consumer”, described as those persons acting without entrepreneurial or professional aims.
9.2. The Purchaser, if he or she is a “consumer”, may withdraw from the purchase contract and return the purchased goods without giving any reason and without any penalty within and no later than fourteen business days after the delivery of the purchased good.
9.3. The Purchaser may exercise the right of withdrawal within the indicated time period, by sending a recorded delivery (with notification of receipt) to the Supplier at the following address: Ceramiche Il Volo, Via del Castello, 2/4 – 53047 Sarteano (SI), Italia. The letter must be sent within the stipulated time period also by e-mail, as long as it is confirmed with a registered letter with acknowledgment of receipt mailed within the next 48 hours. (See example withdrawal form at the bottom of page ‘Terms and condition’)
9.4. The goods must be returned intact and in perfect condition (with original invoice) within and no longer 14 (fourteen) business days after the date of delivery to the Purchaser, to the following address: Ceramiche Il Volo, Via del Castello, 2/4 – 53047 Sarteano (SI), Italia. The validity is based on the date of delivery to the post office or to the shipping agent.
9.5. The direct costs for returning goods at Ceramiche will be paid by the Purchaser if he/she decides to withdraw from the purchase contract. The Purchaser has to send back the goods according to the conditions mentioned before, with insured parcel in a free port. We don’t take back parcels cash or carriage forward.
9.6. Ceramiche Il Volo will not respond in any way for any loss/theft or damage of goods returned with uninsured shipping.
9.7. As the legislative decree provides, once controls on the correct use of Right of withdrawal are completed, Ceramiche will reimburse to the Purchaser (within 30 days of receipt of the notice of withdrawal, but only after you have received the goods and verified the good condition of these) the payed amount for the purchase of goods (PayPal account in the manner provided by PayPal or by bank transfer), deducting just the transport costs and the duties eventually payed.
9.8. We remind at the Purchaser that the aforementioned decrees only provide for the reimbursement of amounts greater than Euro 25,82 (twentyfive/82) not including accessory costs, and the Purchaser is required to give the advance notice.
9.9. Ceramiche Il Volo in case of forfeiture of the right of withdrawal, will deliver, on request, the purchased good back to the Purcheser, charging to him the new freight costs
9.10. Please note: the Purchaser may not exercise their right to withdraw (art. 5 legislative decree 185/1999 lett. C) in the case of custom-made products or personalized, i.e. products specifically made on the express request of the Purchaser.
9.11. Cancellation of the contract. The contract is automatically cancelled (art 1456 of Italian Civil Code) with out-of-court settlements on disputes if one of the parties does not fulfill even one of the following obligations that have a fundamental character: Purchaser obligations, as specified at point 10.1; guarantee of payment from the Purchaser, as specified at point 3; correct fulfillment of Ceramiche Il Volo obligations, as specified at point 4. Exception is made in case of unforeseeable circumstances or force majeure.
Art. 10 – Obligations of the Purchaser
10.1. The Purchaser undertakes to pay the price of the purchased good without delay and with regards to the methods indicated in the contract.
10.2. The Purchaser undertakes, once the on-line purchase procedure is concluded, to print and to conserve this contract.
10.3. Moreover, the information reported in the present contract has already been read and accepted by the Purchaser before to confirm the purchase. In fact, by making an order with one of the different possible methods, the Purchaser declares to have read all the indications given during the purchase procedure and to accept all the general conditions and payment conditions.
Art. 11 – Privacy Policy – Protection of confidentiality and processing of personal data
IL VOLO di Fabrizio Rocchi, with registered office in Via del Castello 2/4 53047 Sarteano (SI), creator and promoter of the activities available on the site WWW.CERAMICHEILVOLO.IT, reserves the right to use personal data voluntarily provided by users, in compliance with current regulations (Article 13 and subsequent Legislative Decree 196/2003 and GDPR UE 2016/679). Users are therefore invited to periodically visit this section to keep up with changes concerning changes to current legislation. IL VOLO guarantees users that the processing of personal data will be reserved for uses strictly connected and related to the provision of its services, to the facilitation of site management and order fulfillment. The data voluntarily provided by the Users will in no case be communicated or disclosed to third parties.
IL VOLO protects its customers privacy and guarantees that processing of personal data is in accordance with current privacy law (Legislative decree 30 giugno 2003, n. 196). This policy applies only to the site WWW.CERAMICHEILVOLO.IT and not to other web sites accessed via links.
All personal and fiscal data acquired directly by the Supplier, as proprietor, or by third parties are collected and processed through paper and electronic means or internet, according to processing methods, with the purpose of registering the order and activating the procedures necessary to implement the present contract and communication related to it, as well with the purpose of complying with possible law obligations and of enabling an efficient management of business relationship to execute in the best way possible the required service. The personal information you provide is collected and processed for activities related to online services and for statistical activities on the site, sending of advertising material, including via electronic mail.
IL VOLO commit themselves to confidentially process all data and information transmitted by the Purchaser and not to release them to unauthorized people, to use them for different purposes from those for which they have been collected, or to transmit them to third parties. Such data could only be released upon request of Legal authority or of other personnel authorized by Law.
Personal data will be transmitted only to third people charged with the execution of activities necessary to implement the stipulated contract and will be communicated exclusively with this purpose.
The Purchaser has the rights expressed in art. 7 of d.lgs 196/203, that is to say:
a) confirmation of the existence or not of personal data concerning him
b) clear communication of data and their origin
c) the reason and purpose of their existence and their use
d) updating, rectification or, when interested, integration of data
e) cancellation, transformation in anonymous form or to block those data which are processed against law, included those data whose conservation is not necessary in relation to the purposes for which they have been collected and successively treated
The person concerned has also the right to reject, wholly or in part, for licit reasons, the processing of his personal data, even if concerning the purpose of collection; he has the right to refuse the processing of his personal data used for the purpose of sending advertising material, for direct sale or market research.
Transmission of personal data by the Purchaser is necessary to the correct and immediate implementation of the contract. In case of lack of this transmission, it will not be possible to process the Purchaser’s request.
Proprietor of collection and processing of personal data is IL VOLO, to whom the Purchaser will may send any request at info@ceramicheilvolo.it.
In accordance with art. 12 of Italian Legislative Decree 70/2003, the Supplier informs the Purchaser that each order will be filed in both paper and digital form on the Supplier’s server or in his archive at his registered office, according to privacy and security criteria.
Part reserved for minors. No person under the age of 18, without the consent of the parents or guardians, may send information to this website, nor may you make purchases or complete legal proceedings on this site without the above consent, unless this is not allowed by the rules in force.
In case of payment by credit card, payment is made through the secure Pay Pal server. The fundamental information for the execution of the transaction (credit / debit card number, expiration date, security code) will be sent directly to the entity responsible for processing (in this case PayPal), or possibly to companies responsible for fraud control, through an encrypted protocol, without any third party having access to it in any way. At no time during the purchase process IL VOLO will be able to know information or data related to the buyer’s credit card, transmitted via a secure connection directly to the site of the bank that manages the transaction. In no case can IL VOLO be held responsible for any fraudulent and improper use of credit cards by third parties, upon payment of purchased products.
However, IL VOLO can not guarantee its users that the measures taken for site security and the transmission of data and information on the site are able to limit or exclude any risk of unauthorized access or loss of data by devices pertaining to the user. For this reason, we suggest to the users of the site to make sure that their computer is equipped with adequate software to protect the transmission of data (for example, updated antivirus) and that its Internet provider has adopted appropriate measures for the security of transmission of data on the network.
By submitting your personal data, under Articles 13 and 23 of Legislative Decree 196/2003, the Purchaser certify that you have read the information concerning the processing of your data and give consent to their treatment by Ceramiche Il Volo and their disclosure to third parties only for the purposes specified above.
Art. 12 – Communication and Claims
All written communication to the Supplier as well as all possible claims, will be considered as valid only if sent to the following address: Ceramiche Il Volo, Via del Castello, 2/4 – 53047 Sarteano (SI) – Italia, or sent by email to info@ceramicheilvolo.it
The Purchaser indicates in his registration form his residence or domicile, his phone number or email address to which he wants to receive all communication from the Supplier.
Art. 13 – Dispute
In case parties intend to proceed with legal action to the Court, the in charge Court is the one of the consumer’s residence or domicile in Italy, in accordance with art. 33, clause 2, letter u) of Italian Legislative Decree 206/2005. In all other cases, the competent court is that of Montepulciano, Siena, Italy.
Art. 14 – Applicable law
The present contract is ruled by the applicable Italian law. For what not clearly expressed, please refer to applicable law in terms of relationship and similar foreseen in present contract, and in particular to art. 5 of Rome Convention dated 1980. In accordance with art. 60 of Italian Consumers’ Code, the regulation contained in Part III, Title III, Section I of Italian Consumers’ Code is expressly referred here.
Present contract cancels and replaces all previous agreement, pact, negotiation, made in both written or spoken form, between the parties and concerning the object of present contract.
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WITHDRAWAL FORM (no later than fourteen business days after the delivery)
Mittente (purchaser’s name and address)
To:
CERAMICHE IL VOLO
Via del Castello, 2/4
53047 – Sarteano (SI) – ITALIA
info@ceramicheilvolo.it
Recorded delivery (with notification of receipt)(also by e-mail: info@ceramicheilvolo.it)
Object: exercise of the right of withdrawal and cancellation of the purchase contract n°
I declare that I want to withdraw from the contract in question, stipulated through your website www.ceramicheilvolo.it, dated __ / __ / _____ about the purchase of the following products:
(specify the product)
I will send you the goods received by courier, at my charges
(date)
Signature _____________________________________