General Conditions of Sale
1 General conditions of sale
1.1. These general conditions of sale (hereinafter “ GTC ”) govern the offer and sale through the website www.arredamentiinstile.com (hereinafter “ Site ”) of the Products (hereinafter “ Products ”) purchased directly through the Site.
1.2. For the purposes of these GTC, unless expressly communicated otherwise, the user acknowledges that the purchase is made for purposes not related to commercial, entrepreneurial, or professional activities.
1.3. The purchase of products through the Site constitutes a "distance" sales contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (Consumer Code) and by Legislative Decree no. 70 of 9 April 2003 implementing Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce.
1.4. These GTC apply to all sales of products made through the Arredamentiinstile.com website of La Torre Alessandro (hereinafter also the “Company”), with registered office in Via Catarà Lettieri Parco Serro 9A - 98149 Camaro Inf. Messina Italy, VAT number IT03265560833, tel +39 3405773429, email address: info@arredamentiinstile.com.
These GTC may be modified at any time, and any changes will be effective upon publication on the Site in the "General Terms and Conditions of Sale" section, which can also be accessed via a link at the bottom of the Homepage and during the purchase process. Users are therefore required to review them immediately before placing an order.
1.5. The applicable GTC are those in force on the date of transmission of the purchase order for a Product.
2. Registration on the website www.arredamentiinstile.com
2.1. Registration on the Site is free and non-binding. To register on the Site, the user must complete the appropriate form by entering his/her name, surname, address, email address, password and any other mandatory fields necessary for the Company to identify the customer and differentiate him from any possible homonyms.
The decision to register is optional and not necessary for purchasing Products from the Site.
Registering on the Site allows the user to carry out various activities in their reserved area and enjoy numerous advantages including:
a. Automatic saving of shipping addresses in the address book;
b. Access and consultation of all information relating to order and return history;
c. Advance information on offers relating to the Products;
d. Access to after-sales assistance services;
e. Management of your personal data with the possibility of changes at any time;
f. Track order status;
g. Access to dedicated services that may be activated from time to time by the selling company.
2.2. Registration credentials (email address and password) must be used exclusively by the registered user and may not be transferred to third parties. The user agrees to keep the above credentials confidential and to ensure that no third parties have access to them. The user also agrees to promptly inform the Company if they suspect or become aware of any improper use of their login credentials.
2.3. If you forget or forget your password to access your personal area, you can click the "Forgot your password?" link on the login page. You will then need to enter your registration email address to receive all the information you need to reset your password from the Company's customer service team.
3. Purchase from the Site
3.1. Unless expressly communicated otherwise, the user declares himself a consumer, acknowledging that the purchase is made for purposes not related to commercial, entrepreneurial, or professional activities.
3.2. The Company reserves the right, at its sole discretion, to block accounts and transactions that may be anomalous, without any liability whatsoever, following such operations, which may be reported to the competent authorities and trade associations.
3.3. Furthermore, the Company reserves the right to refuse or cancel orders coming from:
a. Users who have provided false, incomplete or inaccurate identification information during registration or who have not sent the documents requested in a timely manner as part of the payment procedure described below in points 9 et seq. or who have sent invalid documents; 2
b. Users who have been subject to criminal proceedings for fraud of any kind and, in particular, for fraud relating to credit card payments;
c. Users who are already insolvent or with whom the Company has ongoing disputes;
d. Users who have previously violated these Terms and Conditions.
3.4. To conclude the contract for the purchase of Products on the Site's online platform, the user must complete an electronic order form and send it electronically to the Company following the instructions provided on the platform. The user must select the quantity of individual Products and add them to the cart. After entering the required data, the user undertakes to verify its accuracy . It will then be possible to choose the shipping and payment methods. Once the billing and shipping information for the Products has been entered, it will no longer be possible to make changes.
3.5. The order form will be stored in the Company's database for the time necessary to complete the order and, in any case, within the terms established by law. The user will be able to access the order form and all related data through their personal area.
3.6. The purchase contract may be concluded by users in Italian or in the other languages of the domains through which the Company operates its online sales activities. Customer Service will provide assistance in any case.
3.7. If you purchase with Scalapay, you receive your order immediately and pay in three installments. You acknowledge that the installments will be assigned to Incremento SPV Srl, related parties, and their assignees, and that you authorize such assignment.
4. Product availability
4.1. The Products that can be purchased from the Company are the items featured on the Site and may belong to different product categories; each has its own information page (Product Page) with descriptive information and availability information.
4.2. To ensure prompt processing and fulfillment of orders, the Company verifies the availability of its Products in real time. Requesting Product availability does not imply any purchase obligation on the user and is not considered a reservation and/or order of the Product. Confirmation of availability is, however, binding only if confirmed in writing by the Company upon receipt of payment, with the order status "confirmed."
4.3. Multiple users may simultaneously place an order for the same Product, and the Product may appear unavailable while actually out of stock, or may not be immediately available due to a computer error or incorrect quantification of available products, as restocking is necessary. In this case, the Company will update the user and cancel the order (even partially), refunding the relevant payment within 30 days. Termination of the contract referred to in this paragraph will result in termination of all ancillary and related contracts. The Company reserves the right to propose alternative solutions to the user, who may then decide whether to cancel or evaluate such proposals, including, but not limited to, the possibility of pre-ordering the product with deferred delivery of 30 business days from the same date, or the possibility for the buyer to complete the order and receive the product within 120 business days from the payment date.
5. Prices and Payment Methods
5.1. The prices of the Products sold on the Site are in euros. Delivery is free within Italy, except for the smaller islands or certain destinations, for which an additional fee may be required. This fee will be indicated at the time of ordering or within 48 working hours via email.
5.2. The Company reserves the right to modify the price of the Products sold on its Website at any time, which is presumed to be correct except for errors – including computer errors – and omissions.
5.3 . To pay for the Products, the user may choose one of the methods indicated in the purchase order procedure, accepting the related costs.
5.4. For payment, the user may follow one of the methods indicated in the purchase order procedure accessible at www.arredamentiinstile.com and which are summarized below:
5.5. Credit card. Payment will be processed through Banca Sella's GestPay system using VISA, Mastercard, and American Express credit cards. The total amount owed by the user to the Company will be charged upon order submission.
5.6. Debit card . Payment by debit card (for example, Postepay) does not entail any additional cost to the cost of the Products; it can only be made by the holder of the card valid at the time of ordering the Products, and the name on the card must match the name on the billing information.
5.7. The Company uses the secure payment service of Banca Sella Spa 3
which uses SSL security protocols. Confidential credit card information (card number, cardholder name, expiration date, security code) is encrypted and transmitted to the provider. The Company therefore does not access or store the credit card information used by the user to pay for the Products and expressly declines any liability in this regard.
5.8. Online bank transfer. Payment for Products purchased on the Site can be made by bank transfer, online transfer with MYBANK, or SOFORT BANK transfer.
Following the online bank transfer with MYBANK, the procedure outlined below must be followed:
a. The user must select MyBank as the payment method and enter the name of their bank. They will be automatically redirected to their online banking service;
b. Enter your usual online banking login details. Your payment details will be displayed for further verification.
c. Authorize the transaction. Within seconds, both the user and the seller will receive confirmation of the payment;
d. The order is successfully processed and the products or services you purchased will be sent to you.
5.9. Ordinary bank transfer. If payment via online bank transfer is not possible, the user may still make payment via ordinary bank transfer.
Upon completion of the purchase, the user will receive an email confirming receipt of the order. The user must respond to the purchase order confirmation email within 5 business days, attaching a copy of the receipt. Only upon receipt of this communication, subject to the payment being credited to the Company's account, will the Company consider the payment to be valid and process the purchase order.
5.10. PayPal. Payment for purchased Products can be made using PayPal. In this case, the user will be redirected to the website www.paypal.it where they can pay for the Products according to the methods, forms, and terms established by PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to the Company.
5.11. Cash on delivery (valid for Italy only). Payment for products purchased on the Site can be made by the user or their designated delivery representative, limited to Italy, by choosing the cash on delivery payment method, exclusively for orders exceeding €100.00, by paying a deposit via bank transfer equal to 20% of the total order amount plus shipping costs . Upon completion of the purchase, the user will receive an email confirming receipt of the order. The user must then reply to the purchase order confirmation email, attaching a copy of their receipt. Only upon receipt of this communication, subject to the payment being credited to the Company's account, will the Company consider the payment to have been made and process the purchase order.
Upon delivery of the Product(s), the user or their designated representative will pay the remaining amount in cash, including a service charge of €30.00 (thirty). In the case of cash payment, the maximum order amount cannot exceed €999.00 (nine hundred and ninety-nine euros). For higher amounts, the user must pay the remaining amount by bank transfer prior to shipment of the goods.
5.12. Payment for the purchase order can also be completed via the Giropay system and Idealo. The payment methods referred to in this paragraph may be modified by the Company at any time, and the products will be shipped only after the Company has received the actual payment. Delivery terms will therefore begin from that date.
6. Purchase of Products
6.1. The purchase agreement is subject to the condition of non-payment of the total amount due within 7 (seven) days of placing the order. In the event of non-payment, the agreement will be automatically terminated.
6.2. Ownership of the Products will transfer to the user upon shipment, which is understood to be the moment the product is delivered to the customer. The risk of loss or damage to the Product for reasons not attributable to the Company will pass to the user when the user, or a third party designated as the courier's representative, physically takes possession of the Product. The delivery receipt will be considered valid.
Customers who receive a package with damaged packaging must ensure they accept it with reservations "due to damaged packaging".
In the event of damage to the Product during the transport phase, the customer, after opening the intact packaging, has the obligation to report the damage to the email address info@arredamentiinstile.com attaching suitable photographic documentation within and no later than 8 days from the date of receipt of the Product 4
The Company will arrange for collection from the location indicated at the time of purchase. After collection, the Company reserves the right to assess the damage, after which the customer will be offered either repair or replacement. If the product is unavailable and repair is not cost-effective, short-term reordering (for example, but not limited to, within 30 business days) or long-term reordering (for example, but not limited to, within 120 business days) may be offered.
The customer reserves the right to communicate their rejection of the proposals outlined above, resulting in termination of the contract and issuance of a refund within 30 working days of the communication, according to the methods used for the purchase.
If, following the Company's inspection, the Product is not deemed to be damaged, the full amount of transport costs will be charged to the customer.
7. Delivery methods, costs and terms
7.1. Each shipment contains:
a. The Products ordered;
b. The relevant transport document and the purchase receipt or the relevant invoice;
c. (if any) Information and marketing material.
The Company will not be held responsible for delivery errors due to inaccuracies or incompleteness in the purchase order or attributable to the courier. The invoice will be issued based on the information provided by the user at the time of the purchase order. No changes to the invoice will be possible after it has been issued.
7.2. Products purchased on the Site will be shipped within Italy at the indicated rates, Monday to Friday. The user can track the progress of their order, which the selling Company will communicate to the email address used to place the purchase order. The user can also track the shipment status via the Qaplà platform after the Company sends an email with the contact details of the aforementioned company. Delivery to the customer's floor is not possible under any circumstances. Delivery times depend on the courier, and any delays cannot be attributed to the Company under any circumstances.
Shipping costs to Europe are indicated for each product in the relevant tab on the Website.
7.3 Shipments abroad may be made with different couriers depending on the destination country in order to ensure the customer receives the best available rate, including, for example, UPS and DB.
Schenker. Shipping within Europe is subject to a charge via express courier within 21 days of completing the purchase order. For international shipments, the user can select "delivery by appointment" for an additional €3.
7.4 . Upon delivery of the goods, the user is required to thoroughly inspect the packages, noting on the delivery receipt that they have accepted the goods with reservations and describing any anomalies found. In the absence of specific notes, the Company will not be liable for any damage presumed to have been caused by the user after delivery.
8. Right of withdrawal
8.1. Without prejudice to the provisions of Article 59 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), including, but not limited to, the "supply of goods made to measure or clearly personalized", the user has the right to withdraw from the purchase contract within 14 days.
8.2. The 14-day period starts from the day on which the consumer/user or a third party, other than the carrier and designated by the consumer/user, acquires physical possession of the goods or:
a. In the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;
b. In the case of delivery of goods consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;
8.3. To exercise the right of withdrawal, the user must inform the Company with an explicit declaration of withdrawal by submitting the form prepared by the Company and found in the user's personal area, duly completed, or by email to info@arredamentiinstile.com.
The date of actual receipt of the communication by the Company will be considered valid. If the user uses the explicit declaration of withdrawal, he/she must indicate in the same the order number, the Product(s) for which he/she intends to exercise the right of withdrawal, and his/her address. Pursuant to art. 54 of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal before the expiration of the withdrawal period falls on the consumer/user. For this reason, it is in the user's interest to use a durable medium when communicating his/her withdrawal to the Company.
8.4. Upon receipt of the withdrawal notice, the Company will communicate the address to which the goods should be shipped, at the user's expense, in their original packaging, undamaged and free from any signs of wear that might impair their use and future resale.
Once received, the Products will be carefully checked and a specific communication will be sent to the user with the reasoned acceptance or refusal of the withdrawal.
Responsibility for any damage during transport for the return of the products lies with the customer/user.
8.5. In case of acceptance, the Company will refund the cost incurred for the purchase, using the same payment method.
8.6. In the event of refusal, the Company will explain the reasons for this decision and make the Products available to the user, who may collect them at the address and during the times provided. By way of example and not limited to, returns will not be accepted for goods that have undergone tampering and/or alterations resulting in wear and tear, goods shipped without the original packaging (as delivered) and/or with packaging inadequate to ensure safe transport;
8.7. The user is responsible for any diminished value of the Product resulting from handling other than what is strictly necessary to establish the nature, characteristics, and functioning of the Product. The user shall be responsible for storing, inspecting, and handling the Product with diligence and shall return it in full integrity and suitability for its intended use, in perfect working order, complete in all its parts and accessories, with the instruction leaflets, identification tags, labels, and disposable seals attached to the Product.
In the event of a decrease in the value of the Product, the user will be given adequate notice and the refund amount will be reduced by such decrease in value.
9. Legal Guarantee, Conformity Guarantee and After-Sales Assistance
9.1. The products marketed by the Company are handcrafted and not subject to serial reproduction. Therefore, slight imperfections in production, carving, non-uniformity, or color application are not considered manufacturing defects but rather product characteristics, thus preventing the product from being considered defective or non-compliant with the description.
9.2. The Company is responsible for any lack of conformity of the Products ordered pursuant to and for the purposes expressly provided for by Italian law.
9.3. Any lack of conformity must be reported by the user to the Company within the legal time limits.
9.4. To benefit from the Warranty, the user must provide proof of the Product purchase date and delivery date. Therefore, for the purposes of such proof, the user must retain the purchase order confirmation, the related invoice, and any other document certifying the purchase date and delivery date of the Product.
9.5. The user must forward the complaint relating to the lack of conformity of the Product to info@arredamentiinstile.com within the legally established terms.
In the event of a duly reported lack of conformity, the user will be entitled to:
a. to the free repair or replacement of the Product unless the remedy is objectively impossible or excessively onerous compared to the other;
b. At its discretion, to reduce the price or terminate the contract in the event that the repair or replacement is excessively expensive or the repair or replacement is not carried out by the selling company within a reasonable timeframe or the repair or replacement has caused significant inconvenience to the consumer.
Pursuant to Article 130 of the Consumer Code, the remedy provided by the selling company is excessively burdensome when it imposes unreasonable costs on the same party compared to the other party's alternative remedies that can be pursued taking into account:
a. Of the value that the good would have if there were no lack of conformity;
b. The extent of the lack of conformity;
c. Whether the alternative remedy can be achieved without significant inconvenience to the consumer.
Upon receipt of the conformity report, the Company will communicate the address to which the goods should be shipped, at the user's expense, in their original packaging, undamaged and free from any signs of wear that could impair their use and future sale.
The user is responsible for any damage suffered by the product during return transport.
In any case, the Company reserves the right to evaluate the complaint of product conformity within 72 hours of the return and to promptly notify the user.
9.6. The products sold on the Site may be covered by a conventional warranty issued by the manufacturer. The user may invoke this warranty only against the manufacturer and 6
not against the Company. In the cases governed by this paragraph, the duration, scope, conditions, methods, type of defect or damage covered, and limitations are those indicated by the manufacturer in the warranty conditions.
10. Customer Service
10.1. Each customer can receive assistance by contacting the Company's Customer Service using the following methods and contact details:
a. By telephone, at +39 340 5773429
b. By email, to info@arredamentiinstile.com
c. On the website www.arredamentiinstile.com, by clicking on the “contacts” section at the bottom of the homepage;
11. Privacy Policy
11.1. The Company protects the privacy of its customers in accordance with the provisions of Legislative Decree no. 196 of 30 June 2003 and EU Regulation 679/2016.
11.2. The Company processes data provided in the context of business relationships. The Company also processes data legitimately provided by information agencies, creditor protection associations, publicly accessible sources (e.g., business registers, association registers, land registry, media), and, where applicable, other companies with which it maintains an ongoing business relationship.
Personal data includes:
The main data/contact data, more precisely:
a. As a private customer: name and surname, address, contact details (e.g. email address, telephone number, fax number), tax code, date of birth,
b. As a corporate customer or supplier: name of the legal representative, company, VAT number, company code, address, contact details of the contact person (email address, telephone number, fax number), bank details.
The additional data processed are:
a. Information relating to the nature and content of commercial relationships, more specifically information relating to contracts, assignments, sales and receipts, customer and supplier history, consultation documents,
b. Advertising and sales data,
c. Documentation data (e.g. consultation protocols), images,
d. Information resulting from electronic transactions with the Company (e.g., IP address, login data),
e. Any other data received in the context of our business relationship (e.g. customer interviews),
f. Data generated based on master data/contact data and other data, for example by analyzing customer needs or potential.
g. Documentation of your declaration of consent to receive, for example, newsletters.
h. Common data of customers, suppliers, employees, consultants, and third parties necessary for the employment relationship and the pursuit of the legitimate business interest as set forth in Article 6 of the GDPR and Recital 47:
i. Sensitive and/or judicial data of employees resulting from the employment relationship and related to relationships with social security and welfare institutions, for which express consent has been given;
l. With prior express consent, sensitive data of customers, suppliers, and third parties.
11.3. Personal data are processed:
to. without express consent (art. 24 letter a), b), c) Privacy Code and art. 6 letter b), e) GDPR), for the following Service Purposes:
- conclude contracts for the Data Controller's services;
- fulfill pre-contractual, contractual and tax obligations arising from existing relationships with you;
- fulfill obligations established by law, by a regulation, by community legislation or by an order of the Authority (such as for example in anti-money laundering matters);
- exercise the rights of the Data Controller, for example the right to defense in court;
b. Only with specific and separate consent (Articles 23 and 130 of the Privacy Code and Article 7 of the GDPR), for the following Marketing Purposes:
- sending newsletters, commercial communications, and/or advertising material about products or services offered by the Data Controller via email, post, and/or text message and/or telephone contact, and measuring the level of satisfaction with the quality of services;
- sending commercial and/or promotional communications from third parties (for example, business partners, insurance companies) via email, post, and/or text message and/or telephone contact.
Furthermore, the company reserves the right to send commercial communications to existing customers relating to the Data Controller's services and products similar to those they have already used, unless they disagree (Article 130, paragraph 4 of the Privacy Code).
- Product recommendations by email: In accordance with the legal provisions of applicable national and supranational legislation, the Company reserves the right to use the email address provided when ordering a product or service as a direct advertising channel for similar products or services. If you subsequently no longer wish to receive our recommendations by email, you may revoke your consent to the use of your address at any time without incurring transmission costs other than those incurred according to the basic rates. To do so, please contact the contact indicated in point 1. Naturally, each email also contains a link to unsubscribe.
- Newsletter: To send the newsletter, the company uses the "double opt-in" procedure, meaning that a newsletter will be sent via email only if you have previously expressly confirmed your wish to activate the newsletter service during the registration process. The company will then send a notification email, through which you can confirm your wish to receive our newsletters by clicking on the appropriate link in the email.
If you subsequently no longer wish to receive our email newsletters, you may revoke your consent to their use at any time without incurring transmission costs other than those incurred according to the basic rates. Simply send written notification to the Company.
11.4. For further information on the Company's Privacy Policy and the rights of the data subject, please visit the "Privacy Policy & GDPR" section at the bottom of the Site's Homepage.
11.5. Pursuant to and for the purposes of Article 12 of Legislative Decree No. 70 of 9 April 2003, each purchase order sent to the Company is stored in digital form on the server located at the headquarters of the selling company in compliance with the security and confidentiality criteria in force under the Italian legal system.
12. Applicable law and dispute resolution
12.1. These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it.
12.2. Any disputes inherent and/or resulting from the application, execution and interpretation of the
These GTC will be resolved exclusively by the court of Messina, unless otherwise provided by law.
12.3. The Company informs the user/consumer who has submitted a complaint directly to the Company, without reaching an agreement, that the Company reserves the right to use alternative bodies - Alternative Dispute Resolution (ADR) - for the out-of-court resolution of disputes relating to the conclusion of a contract according to these General Conditions of Sale.
The European platform for online dispute resolution (ODR) can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Through the ODR platform, users can consult the list of ADR bodies, find the link to their websites, and initiate a dispute resolution procedure in which they are involved.
12.4. If the value of the dispute does not exceed €2,000.00 (two thousand euros), excluding fees, interest, and expenses, the user residing in a Member State of the European Union other than Italy may access - for the disputes covered by the preceding paragraphs - the European Small Claims Procedure pursuant to and for the purposes of Regulation no. 861/2007, available at https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=celex%3A32007R0861
12.5 For anything not regulated by these Conditions, reference will be made to the applicable legislation.