General conditions of Sale
Given that the Company RIZZOTTI Trading srl with headquarters in Via S. Euplio 11 -95124 Catania- VAT number 04713920876 info@rizzottidesign.com sells in compliance with the current regulations on electronic commerce and on contracts negotiated away from business premises, offering for sale only items as an authorized dealer of the proposed brands, thus selling original products, guaranteed by the manufacturer’s official guarantee; that the Customer declares to have read all the information relating to payment methods, returns, shipping and assembly and general conditions of sale, before placing the order. These general conditions of sale govern the methods and conditions of the online sales contracts perfected through the rizzottidesign.com site relating to the products distributed and marketed by RIZZOTTI Trading srl, and therefore will apply to all contracts for the sale of Products from part of RIZZOTTI Trading srl to consumers / customers, thus becoming an integral and substantial part of every 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.
1.1 The conditions previewed in the introduction are an integral and essential part of this contract.
1.2 All the contracts will be concluded directly from the Costumer (businesses and privates) logging in on the website www.rizzottidesign.com. The costumer will be able to conclude the contract for the purchase of the selected product by following the guidance and the provided procedures.
1.3 These general conditions of sale have to be examined online by the costumer, before finishing the purchase. The routing of the confirmation of the purchase involves total acknowledge of these and the whole acceptance.
1.4 The costumer, with the submission of the confirmation of goods from the purchase, fully accepts and he’s obliged to see, in his relationship with RIZZOTTI Trading srl, the general conditions and the following conditions of payment, declaring after seeing and accepting all the indications given under the rules, and taking note that RIZZOTTI Trading srl does not consider itself bound to different conditions if not agreed before and in writing.
1.5 The costumer, in any order made through RIZZOTTI Trading SRL, declares the total unreserved confirmation of these general conditions of sale.
Any order of goods transmitted to RIZZOTTI Trading srl is a contract application of the Costumer.
The dispatch of the order from RIZZOTTI Trading srl is equivalent to a confirmation and acceptance of the order.
The issue of invoice or of tax records on the products acquired will be issued from the seller when the products chosen by the Costumers are delivered, in relation to the data indicated from the acquirer when he makes the order.
3.1 The product’s prices published on the website from RIZZOTTI Trading srl are in Euros, VAT included but they don’t include shipping prices, except for promotions who include in the price the shipping costs.
Delivery outside eu countries (extra eu) are to the net price of eventual costumer duties, that will be charged to the consignee and will be requested to the shipper in delivery times.
The guaranteed price is the one published on the website when the order is delivered. The price established at the purchase is fixed and definitive.
3.2 The technical and functional characteristics in relation to the products published from RIZZOTTI Trading srl for sale on the website rizzottidesign.com, are the ones given by the manufacturer, so RIZZOTTI Trading srl assumes no responsibilities concerning the truth and completeness of these information. The photos of the product are indicative and non-binding.
Products are only for sale and the costumer is responsible of the choice of the ordered products and compliance and conformity of the specifics indicated from each manufacturer on his choices.
The contract will be concluded only when the order is confirmed from RIZZOTTI Trading SRL. The costumer will receive by email the order confirmation including all the elements of the contract (article, quantity, finishing, dimensions, prices, date due for delivery, shipping costs), without prejudice to the possibility of not confirmation when problems like availability or concerning the order happen.
The execution of the order will be in the terms indicated on the website. The delivery time will depend on the dimensions and availability of the purchased products. The larger items in stock will be delivered within 7 days in Italy and in 12 days in eu from the order with a specialized courier. Little items will be delivered though express services with delivery within 48 hours in Italy and within 6 days in eu. The days of waiting exclude festivities and possible strikes or possible disruptions for social or politic reasons. The items which are not available in stock will be delivered in the time indicated on the website for each item for sell, to which the above terms of shipping will be added. The time of waiting for the items not available in stock don’t consider the closure due to festivities of the manufacturers from December 20th to the January 7th and the summer closure from the August 5th to August 13th each year. If the order cannot be delivered because it’s not available in the manufacturer’s stock (for shock brake or technical problems of the sold products) RIZZOTTI Trading srl will not take responsibility. In this case, the seller will immediately inform the Consumer in the times due for the supply of the missing product. In this case, the Consumer can obtain reimbursement if the production time are above 30 working days. The Costumer will write by email his choice, that is to wait the availability of the product or obtain reimbursement.
The products will be delivered at the address indicated by the Costumer. Shipping will run after receiving the payment confirmation, with the credit at our bank account in case of bank transfer or confirmation of transactions in case of payments by credit card. The delivery will be held by domestic and international couriers depending on the dimensions of the products’ packaging and destination. The courier will be chosen in relation to the necessary skills to run the shipping and delivery. Therefore, for big dimensions products a specified courier for furniture and accessory delivery will be chosen. The larger items in stock will be delivered within 7 days in Italy and in 12 days in eu from the order with a specialized courier. Little items will be delivered though express services with delivery within 48 hours in Italy and within 6 days in eu. Shipping for extra eu countries will be indicated in the order confirmation in relation to the country. The days of waiting exclude festivities and possible strikes or possible disruptions for social or politic reasons. Therefore, in cases of force majeure that will make the delivery of the merchandise impossible, the order will be rightly suspended, except if in 90 days the parties decide to cancel the order. The items that are not available in stock will be delivered in the scheduled times for each article (published on the website) to which the above terms of shipping will be added (within 7 days in Italy and 12 days in eu for big items and within 48 hours in Italy and 6 days in eu for little items). The time of waiting for the items not available in stock don’t consider of the closure due to festivities of the manufacturers from December 20th to the January 7th and the summer closure from the August 5th to August 13th . The items available in stock can be directly taken from the headquarters, prior appointment.
The merchandise delivery will be held on the ground floor of the address written above. If requested, the Rizzotti trading SRL can offer delivery on the ground floor and assembly for a fee, with the approval of the estimate budget agreed to carry out the service for a fee.
In case of different delivery times in one order, the time of shipping will be the one with the longer time of waiting in the order. Eventual delays on deliveries in less than 30 days (thirty) days don’t allow the Costumer to refuse the delivery of the products, nor to want reimbursement or claims. RIZZOTTI Trading srl is entitled to carry out, where appropriate, fractioned deliveries or different deliveries in the same order The delivery is considered carried out from when the product is delivered to the Costumer. The delivery document given by the shipper, with date and signature of the Costumer when the product is delivered, will be a proof of the transport and of the delivery of the goods. Deliveries are only made at the ground floor, or in the position where a means of transport can be allowed: Deliveries on floor is not possible and the get back of a second-hand is not previewed. If a product is packed and pre-assembled in more than one piece, the assembly will be made from the Costumer.
The costumer will have to verify the content, the conformity and the state of the products at the delivery. Therefore, the costumer will have to verify the state of the delivered products when they are delivered, before signing the transport document, and in particular:
– That the number of the pieces in delivery correspond to what it’s written on the transport document attached to the delivery;
– That the package is intact, not damaged, not modified, verifying the integrity of the content.
If the costumer detects less number of pieces or a damaged/altered packaging will have to deny the delivery of the products and write down his detailed reservation with a date. If the courier document is signed without any “reservation” the costumer will not be able to dispute the integrity of the delivery product Eventual damages, or correspondence or completeness of the given products have to be declared by 3 (three) from the delivery.
If the costumer is unable to take the products while tempting a delivery, the shipper will leave a note of transition at the delivery address indicated by the costumer. Products will have to be taken at the address and in accordance with the arrangements given by the shipper.
The note will contain the deadline established by the shipper for the withdrawal, on expiry of which the products will be given back to RIZZOTTI Trading srl that reserves the right to reimburse the products at the net of the shipping costs and the return of the merchandise.
As mentioned before, RIZZOTTI Trading srl markets in the capacity of official retailer/operator of internationally and nationally renowned products and therefore it can guarantee the only material integrity of the products when delivered. Eventual damages or defects given by the use will have to be reported to RIZZOTTI Trading srl that will inform the manufacturer for the application of the statutory warranty, getting out from any kind of responsibility.
The RIZZOTTI Trading srl guarantee covers only the transport defect or manufacturing defects for which a substitution is needed, upon the costumer’s request, to the refund shall be lost, not later than 10 (ten) days from the delivery date. In that case, the Costumer will be entitled to get the substitution of the damaged products after the return of the products, being any kind of compensation of any damage not allowed, even further ones. Shipping costs necessary for the substitution of the Products will be borne by RIZZOTTI Trading srl.
The technical assistance and the warranty work on the Products will be held, where applicable, by the single Manufacturers, following the time limit and in which form of the Products, in relation to a check of a correct aim and use of the product.
Should any responsibility as whatever to the Costumer of RIZZOTTI Trading srl proven, even fail, wholly or in part of the execution of an order, RIZZOTTI Trading srl’ s responsibility cannot exceed the price of the purchased Products and for whom the complaint has been arisen.
10. 1 Pursuant to article 5 of Italian Legislative Decree 185/1999, the customer (when identifiable as a “consumer” under Article 1 lett b) of Italian Legislative Decree 185/1999) has the right to withdraw from the purchase contract for any reason, without needing to provide an explanation and without incurring any penalty, and give back the ordered Products by the end of 14 (fourteen) days from the reception of the Products themselves. 10.2 The Costumer can exercise the right of withdraw following the previous article 9.1, without giving any explanation and by 14 days. The withdrawal period will expire after 14 days from the day in which the Costumer or a third party, different from the vector and chosen by the Costumer, acquires physical possession of the goods.
To exercise this right, the consumer must notify the relevant documentation showing the withdrawal, addressed to:
RIZZOTI Trading srl
Via S.Euplio 11
95124 Catania shop@rizzottidesign.com
The payments made by the acquirer will be reimbursed in case of withdrawal at the net of the transport costs for the shipping from the RIZZOTTI Trading srl headquarters to the costumers’ home (where revenues are indicated separately and fixed). it also excludes costs of recovery of the merchandise from the costumers’ home to the seller company headquarters, if the acquirer doesn’t take back himself the goods, which will have to happen with the same transporter used by the seller. The reimbursement can be suspended until the receipt of goods at the company’s premises. The goods purchased and object of withdrawal will have to be sent and handed over at this address:
RIZZOTI Trading srl
Via S.Euplio 11
95124 Catania
Without undue delay and in any case within 14 days from the day the withdrawal was asked. The goods will have to be given back in the same condition as it has been delivered and therefore in resaleability conditions and in substantial integrity. The reimbursement will be done using the same means of payment for the initial transition, f the Costumer haven’t expressly agreed otherwise. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, qualities and functioning of the goods. The merchandise has to be returned in resale conditions and substantial integrity. 10.3 The right of withdrawal explained at 10.1 cannot be exercised when the purchased goods are tailor-made at the costumer’s request or personalized goods or made up with fabrics or leather choosen by the costumer not in “just-in time delivery” or in case of goods made by extremely fragile or perishable materials.
The payment and the receipt of payment (in relations to the payment method chosen) are necessary elements for running the shipping of the costumer’s merchandise. The costumer pledges to settle the agreed amount indicated on the website for the ordered Product ( inclusive of transport costs, whenever they are added and directly calculated from the system in relations to the final destination and the minimum amount for the purchase required from the free port). In addiction, the Costumer agrees to pay eventual duties given by the courier, the shipper or the responsible field office, the VAT or taxes given by importation of the Products in the countries where the delivery will take place.
The costumer will be able to pay the order by:
Credit card thought POS of the bank group Creval or Paypal method. In this case the Costumer ensures and declares the ownership of the credit card and to have the eventual necessary authorizations to use the payment method with a card.
– Bank transfer to RIZZOTTI Trading SRL, after the bank coordinates have been sent by email when the Costumer confirms his order. If the bank transfer has not been received within 14 days following the order confirmation, the order can be canceled.
The Products ordered are property of RIZZOTTI Trading srl until the total payment of the price (according to Article 1523 of the Italian Civil Code), reserving for itself the right to claim the Products ordered in the case of nonpayment. In this case and at the request of RIZZOTTI Trading srl, the Costumer commits to return any non-payed Product, paying himself the return costs from home to the RIZZOTTI Trading srl headquarters.
The claims for non- compliance of the products delivered are expected to be written to:
RIZZOTI Trading srl
Via S.Euplio 11
95124 Catania
shop@rizzottidesign.com
The claim will have to be sent immediately after the reception of the merchandise. Any damages given by the transport will have to be indicated in the transport document delivered by the courier and reported to the seller within 3 days from the reception as indicated at the point 7. Verify of the content
The “click to validate” of the order represents a digital signature. The digital signature has the same value as a handwritten signature.
For RIZZOTTI Trading srl the fact of not contesting a non-fulfilment by the Customer of any obligation, cannot be interpreted as renouncing the commitment in question and the possibility of contesting this non full-fulfilment at a later date.
The computer processing of information, including the management of website costumer email addresses, is carried out according to law.
We ask the Customer for all personal information indispensable for order processing, invoicing and shipment handling.
This information may be communicated to the suppliers, to the vectors and/or couriers of RIZZOTTI Trading srl.
The Customer can oppose this type of communication and according to law has the right to access, modify, rectify and cancel personal data by writing to the seller company. To avoid fraud, RIZZOTTI Trading srl can ask for proof of identity and residence.
The present general sales conditions stipulate the totality of obligations by the parties. No other general or specific condition cannot be inserted or removed by the Customer in the present general conditions.
The website and the different elements belonging to the online shop are owned and operated by RIZZOTTI Trading srl. As a consequence, the total or partial reproduction on whatsoever kind of support of the elements belonging to the website and the catalogue, their use and their disposal to third parts are forbidden. RIZZOTTI Trading srl can legally act to protect these aspects.
If any part of these general terms and conditions is not valid or declared as such by law, by regulation or by a final decision of a competent jurisdiction, the other conditions shall preserve all their validity and value.
The acquirer is responsible and is obliged to inform on the compatibility of the merchandise chosen with his needs.
The technical and functional characteristics of Products published on rizzottidesign.com by his informative messages on the website where the articles are described. The descriptions are the ones communicated by each manufacturers.
RIZZOTTI Trading srl is not responsible for the veracity and completeness of such information. The photos of the products are indicative and non-binding.
Products are not on probation. Even though the website can provide indications of Product characteristics, the Customer is responsible for the choice of the Products ordered and that specification correspondence and conformity, indicated by each manufacturer, matches their requirements. Photos and video presentations of the products along with the descriptive details are published on the website in a descriptive capacity, given that the quality of the photos, with the different color range, can lie on the software and informatics used by the client when connected to the website. RIZZOTTI Trading srl does not take any responsibility in problems caused by the clients from the use of the website and of the technologies used because not dependent of its will.
The sell contract between the costumer and RIZZOTTI Trading srl is concluded in Italy. Therefore it is subject and settled by th Italian legislation and where possible, from the European one.
In case of controversy and when there is not a friendly agreement between the parties, it is understood that the eventual applicability of binding consumerism laws (according to art.1 item b) of Decree Law 22 May 1999 no. 185), any controversy concerning the present general conditions shall be assigned to the exclusive competence of the Catania court.
According to articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read, understood and accept specifically the following clauses of the General conditions of sale: 1(1.1-1.2-1.3-1.4-1.5) – 2- 3 (3.1-3.2)-4-5-6-7-8-9-10(10.1-10.2-10.3) -11-12-13-14-15-16-17-18-19-20-21-22.
