GENERAL CONDITIONS OF SALE
The Company Red srls (hereinafter also only “Seller”) with headquarters in the industrial area, floor 53031 Casole d’Elsa (TUSCANY) – ITALY, P.iv .: 01400300529, markets products for outdoor furniture.
The Seller makes its products available for remote sale through the website www.registachait.com (hereinafter, “the Site”).
These General Conditions of Sale are applicable to all sales of Products concluded remotely through the Site and govern distance sales in accordance with and in compliance with the national and European regulations in force on the subject, including the Legislative Decree. n. 70/2003, the Legislative Decree. n. 206/2005 and subsequent amendments (hereinafter, “Consumer Code”) and the European Directive no. 2011/83 EU on consumer rights.
1. Scope of application
1.1 These General Conditions of Sale govern the sale through the Site of Products offered by the Seller.
1.2 These general conditions of sale can be modified by the Seller at any time. Any changes will be effective from the moment of their publication on the Site in the “Sales Conditions” section, present in the footer of the Site. Customers are therefore invited to regularly access the Site and to consult the most updated version of the General Conditions of Sale before making any purchase. The applicable Sales Conditions are those in force on the date of transmission of the Purchase Order for a product by the Customer.
1.3 Before proceeding with the purchase of Products through the Site, the Customer is required to carefully read these General Terms and Conditions of Sale, made available in the “Terms of Sale” section of the Site.
1.4 It is understood that the execution of the Purchase Order through the Site implies total and absolute knowledge of these General Conditions of Sale and their full acceptance.
1.5 These General Conditions of Sale do not regulate the sale of Products by parties other than the Seller, even if they are present on the Site through links, banners or other hypertext links. Given this, the Customer is invited, before proceeding with any forwarding of orders and / or with the purchase of products and services from parties other than the Seller, to check the general conditions of sale applied by the latter. The Seller cannot in any way be held responsible for the supply of goods or services by third parties.
1.6 In the event that the person who purchases Products on the Site requests an invoice and / or is not a “Consumer” as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 8 of these General Conditions nor, more generally, the provisions that apply only to “consumers” pursuant to the same Consumer Code.
2. Information aimed at concluding the Contract
2.1 The Seller informs the Customer that:
– to conclude the purchase contract for one or more Products on the Site, the Customer must place a Purchase Order for the products, filling out an order form in electronic format and transmitting it to the Seller, electronically, following the instructions that appear on the Site;
– the Contract is concluded when the user receives from the Seller, at the e-mail address indicated, the e-mail confirming the purchase order sent. This confirmation message will contain the date and time of execution of the order and an “Order Number”, to be used in any further communication with registachair.com and to be used in the purpose of the bank transfer.
– before proceeding with the transmission of the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the Site at the various stages of the purchase;
– the registration credentials (e-mail address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them secret and to ensure that no third parties have access to them.
2.3 In any case, the Seller reserves the right to evaluate the acceptance of Orders received and not to accept Purchase Orders that are incomplete or incorrect or in the event of unavailability of the Products. If the Seller does not receive payment within 5 days of sending the order confirmation email, he will send the Customer an e-mail reminder of payment. If after another 5 days from the sending of the reminder email the Customer has not made the payment, the contract is considered terminated by law (Article 1454 of the Italian Civil Code, warning to fulfill).
3. Registration on the Site and Purchase Order of Products
3.1 Purchase Orders can be placed directly through the Site, only by adults who are not in a condition of legal incapacity.
3.2 The Customer who intends to place the Purchase Orders of the Products can register on the Site and enter the requested data. In any case, it is still necessary to provide the Seller with a valid e-mail address to which all mandatory information is forwarded to the Customer, as well as the communications required by these General Conditions of Sale or in any case concerning the Purchase Order of Products.
3.3 The description of the characteristics of the Products that can be purchased, together with one or more photographic images that allow a correct representation of the Products, is present on the Site and in the Purchase Order.
3.4 The images and descriptions present in each product sheet reproduce the characteristics of the products as faithfully as possible but must always be understood as indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order of the Products sent by the Customer will prevail. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but may differ slightly even if reproduced in photographic studios, the tone varies according to the type of light used in the studio “warm light / cold light / distance between the product and surrounding lighting and the type of camera used.
3.5 To view the selected Products and their total price, click on the cart icon. The Customer is requested to verify the accuracy of the contents of the cart before confirming the Purchase Order of the Products, by entering the requested data and following the instructions provided on the corresponding page of the Site, as well as confirming that he has read and accepted these Conditions general sales.
3.6 The Customer has the right to make changes or to correct any errors before forwarding the Purchase Order to the Seller by following the instructions contained on the Site.
3.7 The Customer, before the shipment is made by the Seller, can cancel the order by promptly notifying the address firstname.lastname@example.org and then contacting our operators at the number: +39 (0) 577 949 020.
4. Product prices
4.1 All the prices of the Products published on the Site are expressed in Euros and in British Pounds and do not include VAT. Delivery costs, (which may vary in relation to the chosen delivery method and / or in relation to the payment method used and the quantity / weight of the products), are specifically indicated (in Euros and in British Pounds and inclusive of VAT) in the Product Sheet, in the Purchase Order and in the Order confirmation e-mail sent to the Customer.
4.2 The prices of the products published on the homepage or in the different sections of the Site do not include VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Products, where this is different from Italy, which will be charged to the Customer. The Seller reserves the right to change the prices of the products listed on the Site at any time. Any changes to the prices of products will not, however, be effective towards Customers who have already forwarded an Order.
4.3 In the event that a product is offered on the Site at a discounted price, the Site will indicate the full reference price against which the discount is calculated and what this full reference price corresponds to.
4.4 For the smaller islands or disadvantaged locations, a supplement may be required which will be indicated in any case before the conclusion of the order.
5. Methods of Payment and Invoicing
5.1 The payment by the Customer can be made in Euros or in British Pounds using one of the payment methods indicated on the Site and listed below.
5.2 Credit card: the confidential data of the credit card (card number, holder expiry date, security code) are encrypted and thus transmitted to the payment manager. The Seller therefore never has access to and does not store the data of the credit card used by the Customer to pay for the Products, not even in the event that the same proceeds to save the Credit Cards, except for the data relating to the holder of the paper.
5.3 PayPal: the payment of the Products purchased on the Site can be made through the PayPal payment solution. If the Customer chooses PayPal as a payment method, the same is redirected to the website www.paypal.it where he can pay for the Products according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed by the Customer with PayPal. . The personal data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the data of the credit card connected to the Customer’s PayPal account or the data of any other payment instrument connected with this account.
5.4 Cash on delivery: by choosing this method, payment is made to the Courier upon delivery of the product. Red srl reserves the right to request payment only by electronic means (credit cards, pay pal and bank transfer) in the event that during a previous purchase, the Customer has not collected the products for which the cash on delivery, after 10 days from receipt of the e-mail notifying the products in stock.
5.5 Bank transfer: during the purchase process, it is possible to select bank transfer as a payment method. The IBAN to be used to make the transfer is indicated in the “payments” section of the Site. Once the credit has been received, the goods can be regularly shipped.
6. Delivery of Products
6.1 Following the confirmation of the purchase order sent to the e-mail address indicated, the customer can follow the delivery of his order online.
6.2 For any information regarding delivery, the Customer can contact the Seller’s Customer Service.
6.3 Deliveries of Products are made only within the territory of the European Union. The delivery obligation is understood to be fulfilled by transferring the material availability or in any case the control of the Products to the Customer.
6.4 Delivery costs are always charged to the customer. The amount of delivery costs payable by the Customer in relation to a specific Purchase Order is expressly and separately indicated (in Euros or in British Pounds and inclusive of VAT) on the Site during the purchase process, in the Order and in the e – Order confirmation email.
6.5 During the purchase process, before the Customer sends the Purchase Order of the Products, the terms within which the Seller undertakes to deliver the Products covered by the Order will be indicated, taking into account, in addition to the area and the delivery method, also of the possibility that the Customer purchases multiple Products with the same Order.
6.6 Shipping terms start from the moment of payment (made electronically). In the event that the payment is made by cash on delivery, the customer may be contacted for further confirmation of the order.
6.7 In the case of delivery to the address indicated by the Customer in the Purchase Order, the Products purchased on the Site will be sent and delivered by the courier indicated on the Site to the postal address indicated by the Customer, according to the costs and terms indicated on the Site during the purchase process, before the user proceeds with the transmission of the Order.
6.8 If after the three delivery attempts by the courier it was not possible to deliver the goods, Red srl sends an e-mail to the Customer to communicate that the product is in stock. From this moment on, the Customer has 10 days to collect the product at the warehouse stop, after which Red srl has the right to take back the product by returning the sum paid by the Customer to the Customer, with the exception of shipping costs as they are in any case charged to the Customer.
6.9 Red srl will not be responsible for failure or delay in delivery due to force majeure, such as, for example, strikes, provisions of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, heavy snowfalls, floods and damage to industrial machinery not dependent on Red srl. Red srl will promptly notify the Customer of the occurrence of a cause of force majeure.
6.10 In the event that the Customer is a Consumer, he has the right to exercise the withdrawal under the terms and conditions referred to in point 8 of these General Sales Conditions.
6.11 The possibility of choosing the courier by the customer is excluded. In the event that the Customer is a Consumer, art. 63 paragraph 1 of the Consumer Code (Legislative Decree 206/2005) according to which the risk of loss or damage to goods, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods.
7. Conformity of the Products delivered
7.1 The responsibility for transport is borne by Red srl, which in the event of damage to the product occurring during transport, will be refunded to the courier.
7.2 It is up to the Customer to check the conditions of the Products that are delivered to him. The Customer assumes the risk of non-delivery or damage to the products ordered, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and other than the carrier, materially comes into possession of these products.
7.3 it is the Customer’s responsibility at the time of delivery of the goods to check that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials (quality check). Any damage must be immediately reported to the courier making the delivery (accepting the goods with a prudent reservation to be written in the courier’s transport document: Ex: “box with holes on the side”, “open box without personalized tape”, ” damaged box “, etc.).
7.4 In the event that the product is damaged during transport, the Customer must notify the Seller by e-mail within 24 hours, detailing the damage that the product has suffered. Any damage must be reported within 24 hours “working days from receipt of goods” to the following address email@example.com.
7.5 In any case, at the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not present manufacturing defects or further conformity defects. In addition to the specific guarantees that are eventually provided to the Customer together with the delivered product, the legal guarantees provided by Italian law are also applicable to the sale of the Products purchased on the Site.
7.6 Pursuant to art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to terminate the contract. The Consumer can ask the Seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
In the event that the package shows evident signs of tampering or alteration, the Customer is also recommended to promptly notify Customer Service at the address indicated above.
The guarantee of legal conformity of the goods, provided for by art. 128 ff. of the Consumer Code, is equal to 24 months: specifically, the Seller is responsible, pursuant to article 130, when the lack of conformity occurs within two years from the delivery of the goods. It is understood that the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (Article 132 of the Consumer Code).
7.7 The Consumer’s request aimed at asserting the guarantee of conformity of the products must be communicated to the Seller by contacting Customer Service at 0832 15 60 529.
8. Right of withdrawal for the consumer
8.1 If the Customer is a Consumer, he can exercise the right of withdrawal pursuant to art. 52 and ss. of the Legislative Decree n. 205/2006 (Consumer Code) within fourteen days starting from the day on which the Consumer himself or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods, or in the case of multiple goods ordered by the Consumer through a order only 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.
8.2 To exercise the right of withdrawal, simply inform us of your decision to withdraw from this contract by sending an email to firstname.lastname@example.org
8.3 For the withdrawal or return to be accepted by the Seller, the Products must be returned within the peremptory term of 14 (fourteen) days from the date on which the Customer communicated to the Seller that he / she wishes to withdraw from the purchase or make the return by sending the withdrawal form and in compliance with all the following conditions:
– the products must be returned complete with all the original packaging (boxes, accessories, tags, protections, etc.);
– the products must be accompanied by the purchase receipt;
– the products returned by the Customer must not have been opened, used, damaged, but may have been manipulated and inspected to establish their nature and characteristics;
– any damaged products object of the return must be returned as received by the customer, without the same subjecting them to changes, manipulations or repair attempts.
8.4 In the event of withdrawal, all payments made in favor of the Seller are refunded to the Customer (except for the direct cost of returning the goods and those incurred for cash on delivery), according to the payment methods chosen for the purchase, in relation to the product for which the withdrawal was exercised. In addition, the Consumer must also be guaranteed the return of the original shipping costs in addition to the price of the goods. The Seller reimburses these payments without undue delay and in any case within fourteen days from the day on which he is informed of the Consumer’s decision to withdraw from the contract.
The professional can withhold the reimbursement until he has received the goods or until the Consumer has demonstrated that he has returned the goods, depending on which situation occurs first (pursuant to art.57 of Legislative Decree 206/2005 Consumer Code).
Pursuant to art. 57 paragraph 2 (Legislative Decree 206/2005 Consumer Code) the Consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The refund is made on the basis of the payment method chosen by the Customer and does not involve any additional cost for the Customer.
8.5 In case of cash on delivery, the Customer must indicate the Iban on which he wants the purchase costs incurred to be reimbursed.
9.1 If you have a complaint against Red srl following the purchase of a product or service and it was not possible to resolve it by contacting our Customer Service, remember that you have the possibility to submit it through the ODR platform (Platform for the online resolution of disputes), managed by the European Commission. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
10. Limitation of Liability
10.1 Apart from cases of willful misconduct or gross negligence, the Seller is in no way liable to the Customer for any direct or indirect damage that may arise from the purchase of Products offered for sale on the Site.
10.2 The Seller also declines any contractual or extra-contractual liability for direct or indirect damages caused by the non-acceptance or evasion, even partial, of an Order.