Conditions


INTRODUCTION

The Terms of Sale and Use indicated below are applied to all sales supplied by Sozzi Arredamenti s.r.l. with sole shareholder via the website ecommerce.bottegaghianda.com/shop.

Sozzi Arredamenti s.r.l. with sole shareholder sells and delivers products that are all truly unique, as they are strictly handmade. The company delivers both in Italy and abroad.

In accordance with and for the effects of Articles 7 and 12 of Italian Legislative Decree no. 70 dated 9.4.2003, Sozzi Arredamenti s.r.l. with sole shareholder informs users of the following information: the provider of the Services subject to the General Terms is Sozzi Arredamenti s.r.l. with sole shareholder, with registered office in Via Roma no. 47, 23900 Lecco (LC) Italy, Tax Code 01532880133 and VAT number 01532880133, certified e-mail address sozziarredamenti@mailcertificata.biz, registered at the Chamber of Commerce of Lecco at no. 197537, share capital of Euro 2,000,000.00, (hereafter “Sozzi Arredamenti”).

The commercial relationships between Sozzi Arredamenti and the Customer are regulated in accordance with the General Terms of Sale below.

The services may only be used by registered users who have:

read and accepted the privacy policy on personal data processing; accepted the General Terms; created an account on the website ecommerce.bottegaghianda.com, as indicated below. Those Terms are understood to be accepted in full when submitting an order online.

  1. GENERAL

These General Terms of Sale (hereafter “General Terms”) regulate all sales of Sozzi Arredamenti products (hereafter “Products” or “Product”) concluded at a distance on the website ecommerce.bottegaghianda.com/shop (hereafter the “Website”).

1.2. The distance selling service regulated by the General Terms is reserved exclusively to consumers (hereafter “Customers” or “Customer”); consumers means individuals, aged over 18, who act for purposes unrelated to their commercial, business, craft or professional activity.

1.3. The Parties recognise that the Italian language is solely valid, for all articles and clauses of these General Terms; therefore, the language used for concluding the General Terms of Sale via the website is Italian.

The General Terms of Sale are also translated into English for your convenience and understanding but the parties expressly declare that the only official version of reference is that drafted in Italian; therefore, it will be interpreted based upon the text in Italian and the Italian language.

1.4. The General Terms apply to all sales made by Customers on the Website.

The General Terms may be amended at any time, subject to the right of withdrawal by Customers as referred to in point 11 below. Any amendments and/or new terms will be in force from the time of their publication in the “Terms of Sale” section of the website. For these reasons, users are invited to access the Website regularly to check for the publication of any updated General Terms.

The applicable General Terms are those in force at the date of sending the purchase order.

If Customers do not intend to accept the changes to the General Terms they will be entitled to withdraw from the same, providing communication by recorded delivery letter with notice of receipt to be sent to Sozzi Arredamenti s.r.l. with sole shareholder, Via per Como 84/A, 23868 Valmadrera (LC) Italy, or by e-mail to the address assistenza@bottegaghianda.com, with prior notice of 7 days.

Any continued use of the Service after the deadline has passed demonstrates the Customer's intention to accept the General Terms. The General Terms do not regulate the sale of products and/or supply of services by entities other than Sozzi Arredamenti that are present on the Website via links, banners or other hypertext links.

  1. IDENTIFICATION OF SELLER

2.1. The seller is Sozzi Arredamenti s.r.l. with sole shareholder having its registered office in Via Roma no. 47, 23900 Lecco (LC) Italy, Tax Code 01532880133 and VAT number 01532880133, certified e-mail address sozziarredamenti@mailcertificata.biz, registered at the Chamber of Commerce of Lecco at no. 197537, share capital of Euro 2,000,000.00, (hereafter “Sozzi Arredamenti”).

  1. REGISTRATION

3.1 To access the services you must register on the Website, by creating an account, approving the general terms and clicking on “LOGIN – New Registration” on the homepage of the Website. Any failure to accept the General Terms involves the impossibility of registering on the Website and making purchases on ecommerce.bottegaghianda.com/shop.

3.2. Registering to the Website is free of charge. To register, the Customer must:

Access the website ecommerce.bottegaghianda.com/shop and click on “LOGIN – New Registration”.

The page displays a form in which to enter and submit your data.

The Website manager receives the registration request.

The Customer receives confirmation of registration to the e-mail address entered.

Customers can browse on the website using their access credentials and then make a purchase.

3.3. The Customer guarantees that the Registration Credentials supplied when registering to the Website are correct and accurate. The Customer agrees to indemnify Sozzi Arredamenti from any compensation obligation or sanction deriving from and/or in any way related to any violation by the Customer of the rules of registration on the Website. Customers are solely liable for access to the Website using the Registration Credentials and are directly liable for any damage or prejudice caused to Sozzi Arredamenti or to third parties by any improper use, loss, misappropriation by others or failure to protect the secrecy of their Registration Credentials. All operations performed using the Registration Credentials are considered to be performed by the Customer to which the Registration Credentials refer.

3.4. The Services are provided in Italian.

3.5. Only one registration per Customer may be made.

3.6. In the personal area known as “MY ACCOUNT” of the Website, the Customer will find a subsection: “My Orders” which displays the open, recently sent and/or concluded orders. In addition, the personal data and subscription to the newsletter can be managed and saved.

3.7. Customers may cancel their registration to Sozzi Arredamenti at any time by sending an e-mail to the address assistenza@bottegaghianda.com

  1. PRE-CONTRACTUAL INFORMATION

4.1. In compliance with Italian Legislative Decree 9 April 2003, no. 70 laying down provisions on e-commerce, Sozzi Arredamenti informs the Customer that:

  • to conclude the purchase contract of one or more products on the Website, the Customer must complete an order form in electronic format and send it to Sozzi Arredamenti, online, following the instructions that appear from time to time on the Website and that will accompany the various phases of the purchase; the instructions will be specified in detail in point 8 below;
  • before sending the order form, the Customer can identify and correct any data entry errors by following the instructions indicated from time to time on the Website which will accompany the various phases of the purchase;
  • once the order form has been registered, Sozzi Arredamenti will send to the Customer to the indicated e-mail address, a confirmation e-mail containing a summary of the order, information on the characteristics of the purchased products, a detailed indication of the price, payment method used, shipping costs, as well as an indication of the support service. That e-mail should be retained as proof of purchase or saved on a durable medium;
  • the contract is concluded when the Customer receives confirmation from Sozzi Arredamenti of the order shipment;
  • the order form will be archived in Sozzi Arredamenti's database and, in any case, within the legal timescales.
  1. INFORMATION ON PRODUCTS AND THEIR AVAILABILITY

5.1. Information on the Products, together with the Product codes and their price, is available on the Website and is understood to be cited in full here.

5.2. The Products available on the Website represent a selection of the items normally available in store; Sozzi Arredamenti does not, however, guarantee to the Customer that the Products available on the Website will also be present in the stores. The graphical representation of the Products shown on the Website may differ from reality; the Customer must therefore rely only upon the description of the Product and on the characteristics of the same set out on the Website.

5.3. Sozzi Arredamenti reserves the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Website. During the purchase process, if it is not possible to process the order due to a lack of availability of the ordered Product, the Customer will be notified by automatic message. Sozzi Arredamenti cannot be held liable in any case towards the Customer due to any unavailability of a Product.

5.4. Sozzi Arredamenti is not in any case liable for any errors deriving from the lack of functioning of the Customer's connection to the Website.

  1. PRICE, TERMS AND CONDITIONS OF PURCHASE

6.1. All prices shown on the Website are expressed in Euro (€) and are understood to exclude VAT. The contribution to the costs of processing the order and delivery is explicitly indicated, if due, and excludes VAT. That sum will be shown separately on the order form preceding the transmission and on the order confirmation e-mail.

6.2. Sozzi Arredamenti constantly checks the accuracy of the prices indicated on the Website; however, it is not possible to guarantee the absence of errors. In the case of IT, manual, technical or other errors that may involve a substantial change, not planned by Sozzi Arredamenti, of the retail sale price, which makes it exorbitant or clearly too low, the purchase order will be considered invalid and cancelled and the sum paid by the Customer will be refunded within thirty days from the cancellation; at the same time the Customer will be offered the opportunity to purchase the Product at the correct price.

6.4. The products will remain under the ownership of Sozzi Arredamenti until the purchase price and costs have been paid by the User.

6.5. Sozzi Arredamenti will process the purchase order only after having received confirmation of the payment authorisation for the total sum due, constituted by the purchase price, shipping charges and any other additional cost, as indicated on the order form.

6.5. Sozzi Arredamenti reserves the right to refuse orders from Customers that do not provide sufficient guarantees of solvency or with which disputes are pending.

  1. AVAILABILITY

7.1. The products offered on the Website are limited in number.

7.2. It may be the case that the ordered product is no longer available after the registration of the purchase order. In any case of unavailability of the ordered product, the Customer will be promptly informed by e-mail and the purchase order will be placed into production. In the latter case, it is noted that the average production times are eight weeks.

7.3. Sozzi Arredamenti declines any liability for delays in the credit resulting from the banking institution or the type of credit card used to make the payment. In any case, the value date of the re-credited amount will be the same as that of the debit.

  1. CONCLUSION OF CONTRACT

8.1. The Website sets out the main characteristics and the price of each Product.

8.2. Before sending an order proposal via the Website, the Customer is required to read carefully all instructions provided during the purchase process (also with regard to delivery charges, conditions for exercising the right of withdrawal and the Privacy Policy) as well as these General Terms.

8.3. To purchase a Product, the Customer must:

(i) place the selected product into the “Basket” by clicking the respective icon,

(ii) complete the order proposal,

(iii) select the payment method,

(iv) accept the General Terms, Privacy Policy and Cookies information,

(v) proceed with the payment,

(vi) send the order proposal to Sozzi Arredamenti via the Website.

8.4. The transmission of the ORDER constitutes a purchase proposal relating to the selected Product, regulated by these General Terms and binding for the Customer (without prejudice to the right of withdrawal provided by Article 11 below). The transmission of the order proposal by the Customer involves the obligation of the latter to pay the price of the ordered Product or Products.

8.5. Before sending the order proposal, the Customer has the opportunity to make any corrections/changes to the data entered by following the specific process indicated on the Website (by way of example and without limitation, the Customer can change the quantity of Products to be purchased by adding or removing one or more Products from the “Basket”).

8.6. Subject to the use of the personal data described in the Privacy Policy, the form with the order proposal and the data of the Customer relating to the order proposal may be retained by Sozzi Arredamenti for five years commencing from the date of the last order received.

8.7. The order confirmation e-mail is a simple confirmation of receipt of the order by Sozzi Arredamenti.

8.8. Sozzi Arredamenti may reject an order proposal (in that case, no sum will be due from the Customer to Sozzi Arredamenti, except, possibly, the sums indicated in Article 9 below), in the following cases:

(I) if the payment made by the Customer is unsuccessful (by way of example, in the case of failure to charge the purchase price to the Customer's credit card);

(II) if there is a report, or suspicion, of fraudulent or illegal activity, therein including the suspicion that the purchases are made for commercial purposes;

(III) in the case of non-fulfilment by the Customer of its obligations deriving from a previous contract entered into with Sozzi Arredamenti.

8.9. In the case of lack of availability of one or more ordered Products, the Customer will be notified by e-mail and the purchase order will be placed into production; it is noted in this case that the average production times are eight weeks.

8.10. In compliance with the provisions set out in Article 51, Paragraph 7 of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the purchased Products, a detailed indication of the price and payment methods, information on the delivery charges, conditions and methods of exercising the right of withdrawal (therein including an indication of the exclusion from the right of withdrawal of customised Products), an indication of an address to which complaints may be sent and information on the after-sales support services and on the existing sales guarantees.

8.11. The contract between Sozzi Arredamenti and the Customer is concluded when the Customer receives confirmation from Sozzi Arredamenti of the shipment of the order.

8.12. The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party appointed by the Customer and different from the carrier) enters into material possession of the Product.

  1. PAYMENT METHODS

9.1. The Customer can pay the costs relating to the Products contained in the order proposal and the shipping charges by credit card and PayPal.

9.2. Sozzi Arredamenti accepts payments made by credit cards of the main international circuits. Sozzi Arredamenti checks all transactions with advanced proprietary anti-fraud risk models. It guarantees that Customers sending large sums of cash have completed the identity check and verification procedure. PayPal is a credit card payment service that is completely secure and free of charge. During the payment process you will be redirected to the website Paypal.com which uses SSL technology to protect and maintain the anonymity of the transaction. No critical information, such as the credit card number, will be given to the seller. At the end of the transaction, you will receive an e-mail confirming the payment has been made.

9.3. The debit of transactions on the Customer's credit card will only be done after:

(I) the credit card details have been verified;

(II) the authorisation for the charge has been received from the company issuing the credit card used by the Customer.

9.4. If, for any reason, within a term of 1 (one) business day from the date of the order, it is not possible to charge to the credit card the sums due from the Customer, it will not be possible to execute the contract and the order will be cancelled.

  1. TRANSPORTATION – DELIVERY – TERMINATION BY LAW

10.1. The Products will be delivered to the address indicated by the Customer in the order proposal. Upon delivery, the signature of the Customer (or its delegate) will be required. No deliveries are made to post office boxes.

10.3. For each order Sozzi Arredamenti will issue a specific purchase receipt which will be sent to the Customer by e-mail or by post in respect of existing regulations. The purchase receipt is issued on the basis of information provided by the Customer when making the order. No changes to the purchase receipt are permitted after its issuance.

10.4. The delivery charges are borne by the Customer and are highlighted separately in the order form.

10.5. The purchased products are delivered by way of DHL EXPRESS courier (hereafter “Courier”).

When the products are available, the deliveries will be made:

  • from 1 to 4 business days from the date of sending the shipment for Customers resident in Italy (except in the case of force majeure events or unforeseeable circumstances);
  • from 2 to 4 business days from the date of sending the shipment for Customers resident in the United Kingdom and throughout Europe (except in the case of force majeure events or unforeseeable circumstances);
  • from 4 to 9 business days from the date of sending the shipment for Customers resident in the rest of the World.

In the case of failed delivery, the courier will leave a note on the intercom/letterbox, notifying the recipient of the failed delivery.

The next day a second delivery attempt will automatically be made.

If the recipient is still absent, the shipment will be taken to the local branch which will store the same in anticipation of instructions from the Customer for re-delivery.

In the event that the shipment is refused by the recipient, DHL EXPRESS will return the goods to Sozzi Arredamenti. In that case, the Customer is required to repay the costs of that return.

10.6. The Customer (or its delegate) is required to check at the time of delivery of the Products by the Courier:

(I) that the number of packages delivered corresponds to that indicated in the delivery note;

(II) that the packaging and respective seals are intact, undamaged, not wet or altered in any way.

Any damages to the packaging and/or to the Product or the lack of correspondence of the number of packages or with the indications must be communicated to Sozzi Arredamenti within forty-eight hours from receipt. Once the Courier's document has been signed without the Customer having raised any objections, the Customer may no longer make any dispute regarding the external characteristics of the delivered package. For information on the shipment, write to assistenza@bottegaghianda.com or telephone 0341.581021 from Monday to Friday, from 8:30am to 6pm.

10.7. Sozzi Arredamenti will send to the Customer a confirmation e-mail of the shipment after the products have been shipped.

  1. RIGHT OF WITHDRAWAL

11.1. In accordance with Article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer enters into material possession of the Product itself; the exercise of the right of withdrawal is subject to the following conditions:

  • the products are returned in their entirety; any returns of parts or components of the purchased products will not be accepted;
  • the returned products must not have been used;
  • the returned products must be returned in their original packaging, including any accessories, instruction manuals and everything originally delivered to the Customer;
  • the returned products must be sent to Sozzi Arredamenti srl in a single shipment. The Seller reserves the right not to accept products of the same order returned and shipped at different times;
  • the returned products must be returned within 14 business days commencing from the date of receipt of the same;
  • Sozzi Arredamenti reserves the right not to accept returned goods if they do not comply with the terms and conditions provided by the return policy described here and by the Consumer Code. In that case, the Customer will be notified by e-mail and will have the opportunity to have the purchased products re-shipped, at its expense. Otherwise, Sozzi Arredamenti will retain the items without refunding the respective cost to the Customer.

11.2. To exercise the right of withdrawal, the Customer must complete the procedure, by the deadline provided in Article 11.1 above.

On the Internet:

the Customer accesses using the username and password;

the Customer finds, within the reserved area, "my orders";

within the "my orders" area, the Customer may select the orders in compliance with the timescale of the policy on the right of return (within 14 days from the receipt);

the Customer selects the products that it intends to return in relation to that order, indicating the quantities and reasons for the return by making a selection from a dropdown menu;

the return request is received by Customer Care which checks and approves it;

the Customer receives a notification by e-mail from Customer Care which indicates the approval of the return, containing the identification number (RMA ID), the instructions for shipping the package and the instructions for accessing the reserved area and downloading a document to be printed and attached to the package.

By telephone:

the Customer calls number +39 0341 581021 from Monday to Friday, from 8:30am to 6pm;

Customer care verifies the request and starts the return procedure;

the Customer receives the notification by e-mail from Customer Care which indicates: the approval of the return, containing the identification number (RMA ID) and a document to be printed and attached to the package.

11.3. If the right of withdrawal is exercised by the Customer in compliance with these Terms, Sozzi Arredamenti undertakes to refund to the Customer the sum paid by and not beyond 30 days from receipt of the returned products, by the same payment methods chosen by the Customer when sending the Order.

11.4. In respect of existing regulations on the matter, in the event of a return, the costs of returning the product are borne by the Customer. The shipment of the returned product(s) is at the complete liability of the Customer until the actual receipt of the packages by Sozzi Arredamenti.

Upon its arrival in the warehouse, the product will be examined to assess any damages and/or tampering not resulting from transportation. If the package/original packaging has been damaged, Sozzi Arredamenti will withhold from the refund a percentage, in any case not exceeding 15% of the same, as a contribution for the costs of restoring the product.

11.5. Sozzi Arredamenti is entitled to reject any returned product where the Customer's right of withdrawal is exercised by the latter without respecting the legal methods and the rules indicated in the articles above.

  1. PRODUCT REPLACEMENT

12.1. Without prejudice to the rights of the Customer provided by Articles 10 and 13 of these General Terms, Sozzi Arredamenti does not grant to the Customer the possibility of replacing the Products purchased on the Website with other products.

  1. DEFECTS OF CONFORMITY

13.1. If a Product sold by Sozzi Arredamenti presents a manufacturing defect and in any case for any presumed defect of conformity relating to Products sold by Sozzi Arredamenti, the Customer is required to contact online support immediately, by e-mail or by post, at the addresses indicated below:

Sozzi Arredamenti srl with sole shareholder

Via per Como 84/A, 23868 Valmadrera (LC)

Italy

FAO Online Sales Assistant

assistenza@bottegaghianda.com

13.2. The sale of Products is subject to the legal guarantees provided by Articles 129, 130 and 132 of the Consumer Code, as defined below. In accordance with those regulatory provisions, the Customer has the right to obtain the restoration of conformity of the good by way of repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the conditions provided by law), at no expense to it, or, where one of those remedies is unsuccessful (in accordance with the provisions of Article 130, Paragraph 7 of the Consumer Code), it may obtain an appropriate reduction in price of the Products or the termination of the contract. The Customer forfeits those rights if it fails to report to Sozzi Arredamenti the defect of conformity within the term of 2 (two) months from the date on which it discovered that defect of conformity. The action aimed at invoking a defect of conformity not intentionally hidden by Sozzi Arredamenti is limited, in any case, to the period of 26 (twenty-six) months from delivery of the Product.

13.3. If the Customer requests, in the terms set out in this Article 13, the repair or replacement of the Product due to a defect of conformity of the Product, the costs of delivery relating to the return of the Product to be repaired or replaced to Sozzi Arredamenti, along with all costs relating to the delivery to the Customer of the repaired or replaced Products, are borne by Sozzi Arredamenti.

  1. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS

14.1. Sozzi Arredamenti guarantees the authenticity of all Products purchased on the Website. The Products branded “Bottega Ghianda” are all truly unique, as they are strictly handmade.

The brand “Bottega Ghianda” along with each and every intellectual work, distinctive sign and name, image, photograph, logo, written or graphic text and more generally any other asset protected by laws and international conventions on intellectual property reproduced on the Website are the exclusive property of Sozzi Arredamenti. Any use, even only partial, of the same is prohibited.

  1. APPLICABLE LAW AND COURT WITH JURISDICTION

15.1. With reference to contracts concluded with Customers resident in Italy: these General Terms and, consequently, the contracts concluded with Customers resident in Italy, are regulated by Italian law and must be interpreted on that basis (therein including Italian Legislative Decree no. 206 dated 6 September 2005, “Consumer Code” and, in particular, “Chapter I, Title III of Part III, as well as Italian Legislative Decree no. 70 dated 9 April 2003, “E-commerce Decree”).

Any dispute deriving from the interpretation, validity and/or implementation of these General Terms will be devolved to the jurisdiction of the court in the location of residence or domicile of the Customer.

With reference to contracts concluded with Customers resident outside Italy: the parties agree to establish that the jurisdiction belongs to the Italian court and the applicable law is Italian law. Therefore, any dispute relating to the validity, interpretation, implementation of this contract will be dealt with by the Court of Lecco.

  • I declare to have read and approved clause 15 of the General Terms of Sale.
  1. CONTACTS

16.1. For further information and support on the website or on the online purchase methods, the Customer may contact Sozzi Arredamenti at the following details:

Sozzi Arredamenti srl with sole shareholder

Via per Como n. 84/A, 23868 Valmadrera (LC)

Italy

FAO Online Sales Assistant

assistenza@bottegaghianda.com

or telephone 0341.581021 from Monday to Friday from 8:30am to 6pm.

  • In accordance with Art. 1341 and Art. 1342 of the Italian Civil Code, the Parties explicitly approve the preambles of this contract as well as contractual clauses no.: 4 [PRE-CONTRACTUAL INFORMATION], 8 [CONCLUSION OF CONTRACT], 10 [TRANSPORTATION-DELIVERY-TERMINATION BY LAW], 11 [RIGHT OF WITHDRAWAL], 13 [DEFECTS OF CONFORMITY], 14 [GUARANTEE OF AUTHENTICITY], 15[APPLICABLE LAW AND COURT WITH JURISDICTION]

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