We encourage you to read these General Terms and Conditions of Sale carefully before making any purchase. By making any purchase, the Customer fully accepts these General Terms and Conditions of Sale.
SUBJECT
These General Terms and Conditions are for the purpose of the terms and conditions for the provision, via a computer network, of the products of Colorobbia Italia S.p.A., with registered office in Montelupo Fiorentino (Fi), Via del Lavoro, 65, registration number with the Register of Companies of Florence FI-16460IT and VAT no. IT-00383540481, tel. +39 0571 7081, fax +39 0571 708800, e-mail: info@colorobbiart.it and owner of the site: www.colorobbiart.it (said references may be used by the Client for any contact with Colorobbia Italy S.p.A. and for any claims). Each purchase transaction will be governed, for those entitled to which it is applicable, by the provisions of D. Lgs. 206/2005 s.m.i., D. Lgs. 70/03 s.m.i. and any other regulations applicable to online sales while the processing of the Customer's personal data will be carried out by Colorobbia Italy S.p.A. in full and punctual compliance with the regulations set forth in EU Reg. 679/2016 (so-called "GDPR"), Legislative Decree 196/03 as amended and any other applicable provision of law on the subject (see "privacy policy" on the site)
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The purchase of products on the site: www.colorobbiart.it is subject to full acceptance by the Customer of these general conditions of sale. Therefore, before sending the order, the Customer must carefully read these general conditions of sale and the privacy policy and must confirm their acceptance by selecting the corresponding flag. The conclusion and sending of the telematic order will take place only if the Customer confirms that he/she knows and unconditionally accepts these general conditions of sale and the privacy policy.
ACCOUNT CREATION AND NEWSLETTER SUBSCRIPTION
For the purpose of purchasing, it is not necessary for the Customer to create his/her own account. However, creating an account allows the Customer to: make faster check-outs during purchases (data previously saved to the account allows automatic fill-in for subsequent orders), check order status, view previous orders, change account information, store alternate addresses, and change or delete entered addresses..
Account registration credentials are to be used exclusively by the Customer and may not be given to third parties. The Customer must immediately notify Colorobbia Italy S.p.A. by e-mail in case of suspected use of such credentials by unauthorized third parties. The Customer warrants that the data entered during the creation of the account are complete, correct and true..
The Customer is solely responsible for accessing www.colorobbiart.it through the account and is liable for any adverse consequences that Colorobbia Italy S.p.A. and/or third parties should suffer due to misuse, loss, misappropriation of access credentials by third parties, failure to protect the secrecy of such credentials.
Regarding the use of the site, please refer to the "Legal Notices" section on the home page of the site.
To receive newsletters, you must subscribe and give consent to the processing of personal data. You can unsubscribe at any time by clicking on the "Unsubscribe" button in the newletter.
MODE OF PURCHASE
The Customer may purchase products on the website www.colorobbiart.it, by submitting an order electronically. To this end, the Customer must select the products he intends to purchase and the relevant quantities, adding them to the cart. It is understood that the image accompanying a product may not be perfectly representative of its characteristics but may differ in color, size, accessories present in the picture. It is also understood that Colorobbia Italy S.p.A. does not guarantee that the content of its website complies with regulations in countries other than Italy.
Once the Customer has selected the items they wish to purchase, they may close the shopping cart by selecting the "proceed to check-out" button. Upon selecting each item to purchase, a summary of the product cost including tax will appear on the right side of the page. Once checked out, the customer must enter the shipping address and billing address (if different from the shipping address) and select the payment method. Based on the shipping address, the shipping cost and, consequently, the total amount of the order will be entered. To view the individual items that make up the total, the customer must click on the box showing the total amount.
Only after filling in the shipping information and the choice of payment method, and only after acceptance of these general conditions of sale and privacy policy, the customer can place the order by clicking on "place order". At this point a page will open where the order is confirmed and an email will be sent to the Customer with the confirmation and summary of the order.
Sending the order implies the obligation to pay for the supply. The contract is considered concluded upon receipt by Colorobbia of payment for the requested supply.
ORDER ACCEPTANCE AND CANCELLATION
The contract concluded between Colorobbia Italy S.p.A. and the Customer shall be deemed concluded upon receipt of payment for the supply. Once the order is placed, the Customer receives an email confirming the order. However, the shipment is not made until Colorobbia Italy S.p.A. does not receive payment for the order. In the absence of payment, therefore, the contract will not be considered concluded and, consequently, the ordered products will not be delivered.
Any liability on the part of Colorobbia is expressly excluded. Italy S.p.A., on any grounds whatsoever, contractual or non-contractual, for direct or indirect damages to persons and/or property, resulting from non-delivery of the order due to non-payment by the customer.
Subject to the customer's right of withdrawal, as more fully detailed below, the customer has the right to cancel the order before making payment by contacting customer service.
In the case of payment by bank transfer, the order will be cancelled by Colorobbia Italy S.p.A. in the event of non-payment within five working days of placing the order.
In the event of an error in data entry, the customer can arrange to contact customer service, unless it is an error in the master data, in which case the customer can make changes independently through the restricted area.
Customers who have created their own account have the ability to access previous orders by clicking on the "my orders" link on the user dashboard.
Instead, a customer who has made previous purchases without having registered the account will be able to view previous orders through the communications received by e-mail in this regard.
PAYMENT METHODS- PRICES AND CHARGES
Payment for the ordered products can be made by Bank Transfer or Pay-Pal. In case of payment by paypal, please visit: https://www.paypal.com for information on said means of payment. The dispatch of the ordered goods will take place only upon the actual crediting of the amount due on Colorobbia's bank account Italy S.p.A..
The reason for the bank transfer should state:
- Order number given in the order confirmation email;
- First and last name of the order holder.
In case of payment by bank transfer, such payment must be made within 5 working days of the order. If payment is not made within the aforementioned period, the order will be automatically cancelled and Colorobbia Italy S.p.A. will confirm to the Customer the cancellation of the order by e-mail.
The invoice, when to be issued, will be issued by Colorobbia Italy S.p.A. upon receipt of payment and will either be attached to the shipment of products or shipped to the Customer separately.
Product prices are as listed on the website.
In the case of deliveries outside Italy, supplies may be subject to import duties and taxes, payable once the products supplied reach the specified destination. Any customs clearance costs will be borne by the Customer, who must also fulfill any obligations that the law places on the importer.
SHIPPING CHARGES
Shipping costs are the responsibility of Colorobbia Italy S.p.A. in the case of an order exceeding € 120.00 for shipments within Italy. Said expenses will instead be borne by the customer in all other cases.
Applicable shipping costs are determined by weight, volume, and destination of products.
Once you have selected the product to purchase and before checking out, the applicable shipping cost by weight and volume and by destination in Italy will appear. Where the destination is different, the shipping cost will be updated when the shipping address is entered.
In the event of failure to collect within 3 working days of the goods in storage at the warehouses of the courier due to repeated inability to deliver to the address indicated by the Customer when placing the order, any additional logistics costs will be expressly charged to the customer.
DELIVERY TIME
Delivery will be made to the shipping address indicated by the customer. The order will be processed withinseven working daysfrom receipt of payment for the supply by Colorobbia Italy S.p.A. for shipments within Italy and ten working daysfor shipments outside Italy, except in both cases any delays attributable to the courier/shipper. The above terms must be considered purely indicative and not binding. Therefore, no responsibility can be attributed to Colorobbia Italy S.p.A. in case of delay in delivery and, where the Customer is a consumer, the same shall invite Colorobbia Italy S.p.A. to make delivery within an appropriate additional time. At the time of shipment, the Customer will receive an email indicating the shipment number and order number and with a summary of the order. In any case, the Customer may contact Colorobbia Italy S.p.A. to get information about the status of the shipment or check the status of the shipment through their account if the Customer is registered.
NON-MATCHING ORDER- COMPLAINTS
The Customer shall, on the same day of delivery, notify by e-mail to Colorobbia Italy S.p.A. any mismatch between the products received and those ordered (quantity, type etc.), specifying the reasons for the mismatch. Colorobbia Italy S.p.A. will replace the products once it receives the return from the Customer, provided that the goods are returned with the original packaging.
Please refer to the clause "WARRANTY FOR DEFECTS AND DAMAGE TO PRODUCTS- RESPONSIBILITY" for any defects or damage to products.
RIGHT OF WITHDRAWAL
The Customer, where entitled as a consumer pursuant to and for the purposes of d. lgs. 206/05 s.m.i., may withdraw without penalty and without specifying the reason, within the term of fourteen days from receipt of the products. The right of withdrawal is exercised by sending, within the aforementioned period, a written notice to Colorobbia Italy S.p.A., by registered mail with return receipt or by e-mail to the address: info@colorobbiart.it; the registered mail shall be deemed to have been sent in a timely manner if it is delivered to the accepting post office within the above deadline.
The direct cost for the return of the products in case of withdrawal will be borne by the Customer as well as it will be the sole responsibility of the latter to carry out the return.
In the event that the right of withdrawal has been duly exercised, Colorobbia Italy S.p.A. will refund the sums received from the Customer within fourteen days from the date on which the same became aware of the exercise of the right of withdrawal. The refund will be made using the same method of payment used to place the order, unless the Customer has expressly indicated otherwise. Alternatively, where agreed with the Customer, Colorobbia will Italy S.p.A. may, instead of proceeding with the refund, issue the Customer with a purchase voucher in an amount equal to the amount paid by the Customer for the purchase of the goods.
Colorobbia Italy S.p.A. shall have the right to withhold the refund until it has obtained the return of the products from the Customer or until the Customer has demonstrated that it has returned the products, whichever situation occurs first. Amounts shall be deemed to be refunded within the aforementioned period if they are actually returned, shipped, or credited back with value date not later than the expiration of the previously stated period.
The Customer shall be solely responsible to Colorobbia Italy S.p.A. for loss and/or damage to the returned products until they are returned to Colorobbia Italy S.p.A.. Products must be returned undamaged, unused and in their original packaging. In case of return of goods that are not intact or not complete with their packaging, Colorobbia Italy S.p.A. must notify the Customer in writing by e-mail; in this case, the goods returned by the Customer will not be refunded and will remain at Colorobbia's premises Italy S.p.A. at the disposal of the Customer for its withdrawal. Ten days after receipt of the aforementioned communication without the Customer having made arrangements for collection, Colorobbia Italy S.p.A. shall be free to use the said goods. The Customer's right to a refund of the price paid for such merchandise shall remain excluded in such case.
WARRANTY FOR DEFECTS AND DAMAGE TO PRODUCTS-LIABILITY
Colorobbia Italy S.p.A. warrants that products marketed through www.colorobbiart.it are free from defects and faults.
The aforementioned warranty operates, for customers who have the nature of "consumers" under D. Lgs. 206/05 s.m.i., for a duration of 24 months from delivery of the products and, for all other customers, for a duration of 12 months from delivery.
The operation of the warranty is subject to the timely reporting of defects or faults or damage or discrepancies in the products, under penalty of forfeiture of the warranty.
To this end, the Customer shall also, no later than eight days after receipt of the products, notify by e-mail to Colorobbia Italy S.p.A. any visible defects or damage in the products received, substantiating, where possible, the alleged defects or damage with appropriate photographic documentation.
In the case, on the other hand, of non-visible defects, the complaint must be made by the customer, by registered letter with return receipt or by e-mail, within 8 days of discovery, and must be accompanied by all information and documents suitable to prove the defects or faults complained of.
Colorobbia Italy S.p.A., if it ascertains, on the basis of the information and/or documentation provided by the Customer, the existence of the defects or faults or damages complained of, will, at its own expense, take back the defective or damaged products from the Customer and, at its discretion, may exchange such products or refund the price or may issue a purchase voucher in favor of the Customer in an amount equal to the price of the defective or damaged products. Any other form of indemnification, reimbursement and compensation for any damages, including indirect and consequential damages, shall be excluded, except for the case of death or personal injury to the Customer, resulting from an act or omission of Colorobbia Italy S.p.A..
APPLICABLE LAW AND JURISDICTION- ADR PROCEDURE
All purchases made through the website: www.colorobbiart.it and all matters arising from such purchases and/or the use of said website are governed by Italian law.
In the event of any disputes between Colorobbia Italy S.p.A. and the Customer arising from and/or connected with the use of the website www.colorobbiart.it, with the conclusion of a purchase or with the placing of an order through the aforementioned site, the exclusive jurisdiction shall be the Court of Florence, except as provided for by d. lgs. 206/05 s.m.i. for Customers to whom such discipline is applicable, in which case the Court of the Customer's domicile shall have jurisdiction.
In any case, this is without prejudice to the right of customers based in the European Union to activate voluntary out-of-court dispute resolution procedures (hereinafter "ADR procedures") by turning to appropriate bodies (hereinafter "ADR bodies") registered in the relevant list kept at the competent authority of each country, through the use of the European ODR platform.
On the website: https://ec.europa.eu/consumers/odr all the information for filing a complaint in order to initiate the ADR procedure through the ODR platform is given, and the list of ADR entities that can be approached for this procedure is given.
Information concerning the operation of the ADR procedure is provided on the website of each ADR entity.
CHANGES TO THE GENERAL CONDITIONS OF SALE
He is on the faculty of Colorobbia Italy S.p.A. to change the website www.colorobbiart.it and/or these General Terms and Conditions.
Supplies will be governed by the General Conditions of Sale in effect at the time the order is placed.
PROTECTIVE MEASURES
Regarding the technical protection measures of the website, please refer to the document called "Legal Notes", the link to which can be found on the home page of the website.
GENERAL ARRANGEMENT
In the event that one or more of the clauses in these Terms and Conditions is declared invalid, ineffective, or unenforceable, this shall not affect the validity, effectiveness, or enforceability of the other clauses.
