We invite you to carefully read these General Conditions of Sale before proceeding with any purchase. By making any purchase, the Customer fully accepts these General Conditions of Sale.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
ACCOUNT CREATION AND NEWSLETTER SUBSCRIPTION
For the purpose of the purchase, the Customer does not need to create his own account. However, creating an account allows the Customer to perform faster check-outs during purchases (the data previously saved on the account allows automatic compilation for subsequent orders), check the order status, view previous orders, modify account information, store alternate addresses and modify or delete entered addresses.
The account registration credentials must be used exclusively by the Customer and cannot be transferred to third parties. The Customer must immediately notify Colorobbia Italia SpA by e-mail in the event of suspected use of such credentials by unauthorized third parties. The Customer guarantees that the data entered during the creation of the account are complete, correct and truthful.
The Customer is solely responsible for accessing the site www.colorobbiart.it through the account and is liable for any negative consequences that Colorobbia Italia SpA and/or third parties may suffer due to improper use, loss, misappropriation of the access credentials by part of third parties, or failure to protect the confidentiality of such credentials.
As for the use of the site, please refer to the “Legal Notes” section on the site home page.
To receive newsletters, it is necessary to register and consent to the processing of personal data. It is possible to unsubscribe at any time by clicking on the “Unsubscribe” button in the newsletter.
The customer can purchase the products on the website www.colorobbiart.it by sending the order electronically. To this end, the Customer must select the products he intends to purchase and the relative 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 shown in the illustration. It is also understood that Colorobbia Italia SpA does not guarantee that the content of its website complies with the legislation in force in countries other than Italy.
Once the Customer has selected the items for purchase, the cart is closed by selecting the “proceed with check-out” button. When selecting each item to purchase, a summary of the product cost including taxes will appear on the right of the page. After check-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 will be entered and, consequently, the total order amount. To view the individual items that make up the total, the customer must click on the box in which the total amount is indicated.
Sending the order implies the obligation to pay for the supply. The contract is considered concluded with Colorobbia’s receipt of the payment of the requested supply.
ACCEPTANCE AND CANCELLATION OF ORDERS
The contract stipulated between Colorobbia Italia SpA and the Customer must be considered concluded with the receipt of payment for the supply. Once the order has been placed, the Customer receives an order confirmation email. However, the shipment is not carried out until Colorobbia Italia SpA receives 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 borne by Colorobbia Italia SpA is expressly excluded, for any reason whatsoever, contractual or extra-contractual, for direct or indirect damages to persons and/or things, deriving from the non-delivery of the order due to non-payment by the customer.
Without prejudice to the customer’s right of withdrawal, as detailed below, the customer has the right to cancel the order before making the payment by contacting customer service.
In the case of payment by bank transfer, the order will be canceled by Colorobbia Italia SpA in the event of non-payment within five working days of placing the order.
In the event of an error in entering the data, the customer can contact customer assistance, except in the case of an error in the personal data, in which case, the changes can be made independently through the reserved area.
The customer who has created his account has the possibility to access previous orders by clicking on the link “my orders” in the user dashboard.
The 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.
METHOD OF PAYMENT – PRICES AND EXPENSES
The payment of the ordered products can be made by bank transfer or Pay-Pal. In case of payment by PayPal, please visit the website: https://www.paypal.com for information on this payment method. The dispatch of the ordered goods will take place only upon the actual crediting of the amount due to the current account of Colorobbia Italia SpA.
The purpose of the bank transfer must include:
• order number shown in the order confirmation email;
• name and surname of the order holder.
In case of payment by bank transfer, this payment must be made within 5 working days from the order. In the absence of payment within the aforementioned term, the order will be automatically canceled and Colorobbia Italia SpA will confirm the cancellation of the order to the Customer by e-mail.
The invoice will be issued by Colorobbia Italia SpA following receipt of the payment and will be attached to the shipment of the products or sent to the Customer separately.
The prices of the products are those shown on the site.
In the case of deliveries outside Italy, the supplies may be subject to import duties and taxes, payable once the products supplied reach the specified destination. Any cost of customs clearance will be borne by the Customer, who must also fulfill any obligation that the law places on the importer.
Shipping costs are charged to Colorobbia Italia SpA in the case of orders over €120.00 for shipments to Italy. These expenses will instead be charged to the customer in all other cases.
Applicable shipping costs are determined based on the weight, volume and destination of the products.
Once the product to be purchased has been selected and before proceeding to check-out, the applicable shipping cost will appear by weight and volume and by destination in Italy. If the destination is different, the shipping cost will be updated when entering the shipping address.
In case of non-collection within 3 working days of the goods in storage at the courier’s warehouses due to repeated inability to deliver to the address indicated by the Customer at the time of the order, any additional logistical costs will be expressly charged to the customer.
Delivery will be made to the shipping address indicated by the customer. The order will be processed within seven working days from receipt of payment for the supply by Colorobbia Italia SpA for shipments to Italy and ten working days for shipments outside Italy, except in both cases any delays attributable to the courier/forwarder. The aforementioned terms must be considered purely indicative and not binding. Therefore, no liability can be attributed to Colorobbia Italia SpA in case of delay in delivery and, when the customer is a consumer, must invite Colorobbia Italia SpA to make the delivery within an appropriate additional period. At the time of shipment, the Customer will receive an email indicating the shipment number and the order number and with a summary of the order. In any case, the Customer can contact Colorobbia Italia SpA for information on the shipment status or check the shipment status through his own account if the Customer is registered.
NON-CORRESPONDENCE ORDER – COMPLAINTS
The Customer must, on the day of delivery, notify Colorobbia Italia SpA by e-mail of any non-correspondence between the products received and those ordered (quantity, type, etc.), specifying the reasons for the non-correspondence. Colorobbia Italia SpA will carry out the product replacement, once the return has been received from the Customer, provided that the goods are returned with the original packaging.
For any flaws or defects or damage to the products, please refer to the clause “GUARANTEE FOR DEFECTS AND DAMAGES TO PRODUCTS – LIABILITY”
RIGHT OF WITHDRAWAL
The Customer, if entitled as a consumer pursuant to and for the purposes of Leg.Dec. 206/05 and subsequent amendments, can withdraw without any penalty and without specifying the reason, within fourteen days from receipt of the products. The right of withdrawal is exercised by sending a written communication within the aforementioned period to Colorobbia Italia SpA, by registered return receipt letter with or by e-mail to the address: email@example.com; the registered letter is understood as sent promptly if delivered to the accepting post office within the aforementioned term.
The Customer will bear the direct cost for returning the products in the event of withdrawal as the return will be under its sole responsibility.
When the right of withdrawal has been duly exercised, Colorobbia Italia SpA will refund the sums received from the Customer within fourteen days from the date on which it became aware of the exercise of the right of withdrawal. The refund will be made using the same payment method used to place the order, unless the Customer has expressly indicated otherwise. Alternatively, as agreed with the Customer, instead of proceeding with the refund, Colorobbia Italia SpA may issue the Customer a voucher for an amount equal to that paid for purchase of the goods.
Colorobbia Italia SpA will have the right to withhold the reimbursement until it has obtained the products’ return from the Customer or until the latter has demonstrated having returned the products, depending on which situation occurs first. The sums are understood as reimbursed within the aforementioned term if they are actually returned, sent or re-credited no later than the expiration date previously indicated. The Customer will be exclusively responsible towards Colorobbia Italia SpA for loss and/or damage to the products for return until they are redelivered to Colorobbia Italia SpA. The products must be returned intact, unused and in their original packaging. In the event of returning goods that are incomplete or without full packaging, Colorobbia Italia SpA 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 the headquarters of Colorobbia Italia SpA available for the customer to pick up. Ten days after receipt of the aforementioned communication without the Customer having collected it, Colorobbia Italia SpA will be free to use the aforementioned merchandise. In this case, the Customer no longer has the right to reimbursement of the price paid for such merchandise.
WARRANTY FOR DEFECTS AND DAMAGES TO PRODUCTS – LIABILITY
Colorobbia Italia SpA guarantees that the products marketed through the website www.colorobbiart.it are free from flaws and defects.
The aforementioned guarantee operates for customers qualified as “consumers” pursuant to Legislative Decree 206/05 and subsequent amendments, 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 effectiveness of the guarantee is subject to the timely reporting of defects, flaws, damage or discrepancies in the products, under penalty of forfeiture of the guarantee.
To this effect, no later than eight days from receipt of the products, the Customer must also report by e-mail to Colorobbia Italia SpA any visible defects or damage to the products received, when possible, supporting the alleged defects or damage with appropriate photographic documentation.
In the case of invisible defects, the complaint must be made by the customer, by registered, return-receipt letter or by e-mail, within 8 days of discovery, and accompanied by all information and documents suitable for proving the damages or defects complained of.
If, based on the information and/or documentation the Customer provides, Colorobbia Italia SpA ascertains the existence of the faults or defects or damages reported, it will collect the defective or damaged products from the Customer at its own expense and, at its discretion, may exchange such products, refund the price, or issue a purchase voucher in favor of the customer for an amount equal to the price of the defective or damaged products. Any other form of indemnity, reimbursement and compensation for any damage, including indirect and consequential damages, is excluded, except in the case of death or damage to the person of the Customer, deriving from a fact or omission of Colorobbia Italia SpA.
APPLICABLE LAW AND JURISDICTION – ADR PROCEDURE
All purchases made through the site: www.colorobbiart.it and all issues that may arise from such purchases and/or the use of said website are governed by Italian law.
In the event of any disputes between Colorobbia Italia SpA and the Customer arising from and/or connected with the use of the website www.colorobbiart.it, with the conclusion of a purchase or placement of an order through the aforementioned site, the exclusive jurisdiction is the court of Florence, except for the provisions of Leg. Dec. 206/05 and subsequent amendments for Customers to whom this discipline is applicable, in which case the court of the Customer’s domicile will be competent.
In any case, customers based in the European Union have the right to activate voluntary procedures for out-of-court dispute settlement (hereinafter “ADR procedures”) by contacting specific bodies (hereinafter “ADR bodies”) registered in the pertinent list kept with 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 to initiate the ADR procedure through the ODR platform is shown along with the list of ADR bodies to be contacted for this procedure.
Information concerning the functioning of the ADR procedure is reported on each ADR entity’s website.
CHANGES TO THE GENERAL CONDITIONS OF SALE
Colorobbia Italia SpA has the right to modify the website www.colorobbiart.it and/or these General Conditions of Sale. The supplies will be governed by the General Conditions of Sale in force at the time the order is placed.
With regard to the website’s technical protection measures, please refer to the document called “Legal Notes,” the link for which can be found on the home page of the site.
In the event that one or more of the clauses referred to in these General Conditions of Sale is declared invalid, ineffective or inapplicable, this will not affect the validity, effectiveness and applicability of the other clauses.