Terms of sale
1.1. These general conditions of sale apply to the purchase of products from L'Artigianato Sirmione, with headquarters in Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy (VAT number 04064190988).
The site is owned by Marco Negri
1.2. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal must be sent to the Seller at the addresses and according to the methods indicated on the Site and to the email address artigianatosirmione@gmail.com
1.3. Each purchase is governed by the general conditions of sale in the version published on the Site at the time the order is sent by the Consumer.
1.4. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are requested not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions thereof: a) the buyer will not be granted the right of withdrawal pursuant to Article 10; b) the buyer will not be able to benefit from the Product warranty indicated in Article 8; c) the buyer will not be granted any other protections provided herein for the Consumer that reflect or comply with mandatory provisions of law; d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.5. Upon submitting the purchase order, the Consumer accepts and confirms the information relating to the order placed and these general conditions of sale and agrees that they may be sent to him/her via email to the address provided during registration on the Site or during the purchase process.
1.6. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
Product characteristics and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other conditions or terms.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its sole discretion, without prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site, and/or their features are subject to change without notice. Before submitting a purchase order pursuant to Article 3 below, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed on the Site.
Product Purchase Procedures - Completion of each individual purchase contract.
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller via the Website constitutes a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer is asked to carefully read these general conditions of sale, which also contain the information on the right of withdrawal, to print a copy using the print button, and to save or reproduce a copy for personal use. Furthermore, the Consumer is asked to identify and correct any errors in the data entered.
3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer an order confirmation email to the email address provided to the Seller upon registration on the Site, or upon placing the order if the Consumer is not registered on the Site. This email will contain a link to these general terms and conditions of sale, a summary of the order placed, and a description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation, and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems, and the Consumer may request a copy by sending an email to the Seller at artigianatosirmione@gmail.com.
3.4. Each purchase contract for the Products is deemed to be concluded when the Consumer receives the order confirmation from the Seller via email.
Product selection and purchase procedure.
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping cart. Once the Products have been selected, to purchase the products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested information. If the information indicated in the order is different from that provided during registration on the Site, the Consumer will be asked to confirm their information (for example, but not limited to: name, surname, etc.), as well as the delivery address for the selected Products, the billing address, and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which can be modified. The Consumer, after carefully reading it, must expressly approve these general conditions of sale by checking the appropriate box on the Site. Finally, by clicking the "Confirm order and payment" button, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will produce the effects described in the previous articles 3.2 and 3.3 of this contract. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer chooses immediate payment at the time of purchase, by credit card, prepaid card, PayPal, or bank transfer, they will be required to provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively upon transmission of the order confirmation by the Seller to the Consumer.
4.2. If, during the Product selection process on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he or she intends to select for subsequent purchase is clearly lower than the standard price, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem that has occurred on the Site, he or she is requested not to complete the purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an email to the email address artigianisirmione@gmail.com.
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than the standard price, net of any discounts and/or promotions in force at the time, due to an evident technical problem that has occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a communication to this effect via email to the email address indicated by the Consumer when placing the order and (ii) refund the Consumer for the payments made by the latter in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer by email of the error that occurred in the process of completing his/her order, offering the Consumer, alternatively, to (i) pay the Seller, within and no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel his/her order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter's expense, within and no later than the following 14 (fourteen) days, sending it to L'Artigianato Sirmione Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy undamaged, complete with all its elements and accessories (including the labels unaltered and attached to the product).
In the event that the Consumer has chosen the option referred to in the previous point (b) (ii), the Seller will refund the Consumer the payments made by the latter in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.
Delivery of goods and acceptance.
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum of 30 (thirty) days starting from the day following the day on which the Seller has received the payment from the Consumer.
5.3. The Products ordered by the Consumer will be shipped using the method selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the purchased products and to promptly inform the Seller of any defects in the products received or any discrepancies from the order placed, according to the procedure set forth in Article 8 of these General Conditions of Sale. Otherwise, the products will be deemed accepted. If the packaging or wrapping of the products ordered by the Consumer arrives at their destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery "with reservations."
Prices, shipping costs, taxes and duties.
6.1. The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which are calculated before the order is confirmed by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price, as reported in the order and in the order confirmation sent by email by
Seller to Consumer.
7.1. Payment for the Products purchased through the Site must be made within 10 (ten) days of the date the order confirmation is sent by the Seller to the Consumer. The Consumer expressly accepts that the Seller's execution of the contract will begin upon crediting the price of the purchased Product(s) to the Seller's current account.
7.2. Payment can be made by credit card or via PayPal and bank transfer.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to the Seller's credit institution. The data transmitted will be sent securely, using 128-bit SSL (Secure Socket Layer) encryption. This data is not accessible even to the Seller.
7.4. The Seller will promptly send the Consumer, where required by applicable law, in electronic format via email to the address provided by the latter, the receipt relating to the purchase made.
Seller's legal guarantee of conformity, reporting of defects of conformity and warranty interventions.
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty does not apply in the event of use of the Product that is not compliant with its intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant explanatory documentation or on the labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the obligation to report any defects and non-conformities within and no later than 2 (two) months of discovery (art. 132 Legislative Decree 206/2005 so-called Consumer Code) by sending to the Seller L'Artigianato Sirmione Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy by email to the address artigianatosirmione@gmail.com, indicating the defect and/or non-conformity found, at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt.
8.3. Upon receipt of the relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's customer service and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by contacting the Consumer via email at the address provided by the latter during the registration process on the Site or when placing the order. 8.4. If the Seller is required to refund the price paid to the Consumer, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product or by bank transfer. It will be the Consumer's responsibility to provide the Seller, again via email at artigianisirmione@gmail.com, with the bank details for making the transfer in their favor and ensuring that the Seller is able to refund the amount due.
Liability for damage caused by defective products.
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) apply.
Right of withdrawal.
10.1. The Consumer is granted the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within 14 (fourteen) days from when (i) the product was delivered or (ii) in the case of the purchase of multiple products delivered separately in a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform L'Artigianato Sirmione of their decision before the expiration of the deadline referred to in paragraph 10.1 above by accessing the "Information on the Right of Withdrawal" section and entering the email address used to make the purchase. Alternatively, the Consumer may send an explicit declaration of their decision to withdraw to L'Artigianato Sirmione at the email address artigianatosirmione@gmail.com.
10.3 Following the provisions of the previous point 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, and the instructions for returning the product, to be sent within and no later than the following 14 (fourteen) days to L'Artigianato Sirmione Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy.
10.4 If the Consumer has received the product, he or she is required to return it to L'Artigianato Sirmione without undue delay and, in any case, within 14 (fourteen) days from the day on which you communicated the withdrawal. The risks and direct costs of returning the goods will be borne by the Consumer.
10.5 In the event of withdrawal and timely compliance with the delivery deadline referred to in 10.4, payments made will be refunded without undue delay and, in any case, no later than 14 days after exercising the right of withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method, in which case the Consumer will be responsible for any additional costs arising from the different payment method. The refund may be withheld until the goods are received or until the Consumer demonstrates having returned the goods, whichever is earlier.
10.6 The Consumer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, nicks, scratches, deformations, etc.) and/or not complete with all their parts and accessories (including unaltered labels and tags attached to the product) and/or not accompanied by the accompanying instructions/notes/manuals, the original packaging and wrapping, and the warranty certificate, where applicable, the Consumer will be liable for the diminished value of the goods and will be entitled to a refund equal to the residual value of the Product. To this end, therefore, the Consumer is advised not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.
Intellectual property rights.
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of L'Artigianato Sirmione and/or its assignees, without access to the Site and/or the purchase of the Products deriving any right to the Consumer over the same.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of L'Artigianato Sirmione.
Consumer data and privacy protection.
12.1. In order to register, place an order, and therefore conclude this contract, the Consumer is required to provide certain personal data through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by L'Artigianato Sirmione in accordance with and in compliance with the provisions of Legislative Decree no. 196/2003 and subsequent amendments and additions to execute each purchase contract for Products through its website and, with the Consumer's consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Website at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the specific "My Account" section of the Site, accessible after authentication.
Applicable law, conciliation attempt and competent court.
13.1. The sales contract concluded through the website between the Seller and the Consumer is governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, the so-called Consumer Code, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
13.2 In the event of a dispute between the Seller and the Consumer concerning the online sales contract, the Consumer will have the right to resolve it before one of the Conciliation Commissions established in Italy. As an alternative to the conciliation attempt referred to in the previous paragraph, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a professional established in the European Union through the intervention of a participating ADR (Alternative Dispute Resolution) body, selectable from a specific list available therein. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure relating to this contract, please visit the following link: http://ec.europa.eu/odr. The Seller's email address to be provided on the European ODR Platform is: artigianatosirmione@gmail.com.
13.3 If the conciliation attempt referred to in the previous point 13.1 or 13.2 is not accepted or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.
The site is owned by Marco Negri
1.2. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal must be sent to the Seller at the addresses and according to the methods indicated on the Site and to the email address artigianatosirmione@gmail.com
1.3. Each purchase is governed by the general conditions of sale in the version published on the Site at the time the order is sent by the Consumer.
1.4. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are requested not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions thereof: a) the buyer will not be granted the right of withdrawal pursuant to Article 10; b) the buyer will not be able to benefit from the Product warranty indicated in Article 8; c) the buyer will not be granted any other protections provided herein for the Consumer that reflect or comply with mandatory provisions of law; d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.5. Upon submitting the purchase order, the Consumer accepts and confirms the information relating to the order placed and these general conditions of sale and agrees that they may be sent to him/her via email to the address provided during registration on the Site or during the purchase process.
1.6. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
Product characteristics and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other conditions or terms.
2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its sole discretion, without prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site, and/or their features are subject to change without notice. Before submitting a purchase order pursuant to Article 3 below, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed on the Site.
Product Purchase Procedures - Completion of each individual purchase contract.
3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller via the Website constitutes a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer is asked to carefully read these general conditions of sale, which also contain the information on the right of withdrawal, to print a copy using the print button, and to save or reproduce a copy for personal use. Furthermore, the Consumer is asked to identify and correct any errors in the data entered.
3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer an order confirmation email to the email address provided to the Seller upon registration on the Site, or upon placing the order if the Consumer is not registered on the Site. This email will contain a link to these general terms and conditions of sale, a summary of the order placed, and a description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation, and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems, and the Consumer may request a copy by sending an email to the Seller at artigianatosirmione@gmail.com.
3.4. Each purchase contract for the Products is deemed to be concluded when the Consumer receives the order confirmation from the Seller via email.
Product selection and purchase procedure.
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping cart. Once the Products have been selected, to purchase the products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested information. If the information indicated in the order is different from that provided during registration on the Site, the Consumer will be asked to confirm their information (for example, but not limited to: name, surname, etc.), as well as the delivery address for the selected Products, the billing address, and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which can be modified. The Consumer, after carefully reading it, must expressly approve these general conditions of sale by checking the appropriate box on the Site. Finally, by clicking the "Confirm order and payment" button, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will produce the effects described in the previous articles 3.2 and 3.3 of this contract. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer chooses immediate payment at the time of purchase, by credit card, prepaid card, PayPal, or bank transfer, they will be required to provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively upon transmission of the order confirmation by the Seller to the Consumer.
4.2. If, during the Product selection process on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he or she intends to select for subsequent purchase is clearly lower than the standard price, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem that has occurred on the Site, he or she is requested not to complete the purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an email to the email address artigianisirmione@gmail.com.
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than the standard price, net of any discounts and/or promotions in force at the time, due to an evident technical problem that has occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a communication to this effect via email to the email address indicated by the Consumer when placing the order and (ii) refund the Consumer for the payments made by the latter in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer by email of the error that occurred in the process of completing his/her order, offering the Consumer, alternatively, to (i) pay the Seller, within and no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel his/her order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter's expense, within and no later than the following 14 (fourteen) days, sending it to L'Artigianato Sirmione Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy undamaged, complete with all its elements and accessories (including the labels unaltered and attached to the product).
In the event that the Consumer has chosen the option referred to in the previous point (b) (ii), the Seller will refund the Consumer the payments made by the latter in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.
Delivery of goods and acceptance.
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum of 30 (thirty) days starting from the day following the day on which the Seller has received the payment from the Consumer.
5.3. The Products ordered by the Consumer will be shipped using the method selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the purchased products and to promptly inform the Seller of any defects in the products received or any discrepancies from the order placed, according to the procedure set forth in Article 8 of these General Conditions of Sale. Otherwise, the products will be deemed accepted. If the packaging or wrapping of the products ordered by the Consumer arrives at their destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery "with reservations."
Prices, shipping costs, taxes and duties.
6.1. The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which are calculated before the order is confirmed by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price, as reported in the order and in the order confirmation sent by email by
Seller to Consumer.
7.1. Payment for the Products purchased through the Site must be made within 10 (ten) days of the date the order confirmation is sent by the Seller to the Consumer. The Consumer expressly accepts that the Seller's execution of the contract will begin upon crediting the price of the purchased Product(s) to the Seller's current account.
7.2. Payment can be made by credit card or via PayPal and bank transfer.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to the Seller's credit institution. The data transmitted will be sent securely, using 128-bit SSL (Secure Socket Layer) encryption. This data is not accessible even to the Seller.
7.4. The Seller will promptly send the Consumer, where required by applicable law, in electronic format via email to the address provided by the latter, the receipt relating to the purchase made.
Seller's legal guarantee of conformity, reporting of defects of conformity and warranty interventions.
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty does not apply in the event of use of the Product that is not compliant with its intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant explanatory documentation or on the labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the obligation to report any defects and non-conformities within and no later than 2 (two) months of discovery (art. 132 Legislative Decree 206/2005 so-called Consumer Code) by sending to the Seller L'Artigianato Sirmione Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy by email to the address artigianatosirmione@gmail.com, indicating the defect and/or non-conformity found, at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt.
8.3. Upon receipt of the relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's customer service and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by contacting the Consumer via email at the address provided by the latter during the registration process on the Site or when placing the order. 8.4. If the Seller is required to refund the price paid to the Consumer, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product or by bank transfer. It will be the Consumer's responsibility to provide the Seller, again via email at artigianisirmione@gmail.com, with the bank details for making the transfer in their favor and ensuring that the Seller is able to refund the amount due.
Liability for damage caused by defective products.
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumer Code) apply.
Right of withdrawal.
10.1. The Consumer is granted the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within 14 (fourteen) days from when (i) the product was delivered or (ii) in the case of the purchase of multiple products delivered separately in a single order, the last product was delivered.
10.2 To exercise the right of withdrawal, the Consumer must inform L'Artigianato Sirmione of their decision before the expiration of the deadline referred to in paragraph 10.1 above by accessing the "Information on the Right of Withdrawal" section and entering the email address used to make the purchase. Alternatively, the Consumer may send an explicit declaration of their decision to withdraw to L'Artigianato Sirmione at the email address artigianatosirmione@gmail.com.
10.3 Following the provisions of the previous point 10.2, the Consumer will receive an email confirming the exercise of the right of withdrawal, and the instructions for returning the product, to be sent within and no later than the following 14 (fourteen) days to L'Artigianato Sirmione Via Vittorio Emanuele 58 - 25019 Sirmione Centro Storico (BS), Italy.
10.4 If the Consumer has received the product, he or she is required to return it to L'Artigianato Sirmione without undue delay and, in any case, within 14 (fourteen) days from the day on which you communicated the withdrawal. The risks and direct costs of returning the goods will be borne by the Consumer.
10.5 In the event of withdrawal and timely compliance with the delivery deadline referred to in 10.4, payments made will be refunded without undue delay and, in any case, no later than 14 days after exercising the right of withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method, in which case the Consumer will be responsible for any additional costs arising from the different payment method. The refund may be withheld until the goods are received or until the Consumer demonstrates having returned the goods, whichever is earlier.
10.6 The Consumer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (for example, with signs of wear, abrasion, nicks, scratches, deformations, etc.) and/or not complete with all their parts and accessories (including unaltered labels and tags attached to the product) and/or not accompanied by the accompanying instructions/notes/manuals, the original packaging and wrapping, and the warranty certificate, where applicable, the Consumer will be liable for the diminished value of the goods and will be entitled to a refund equal to the residual value of the Product. To this end, therefore, the Consumer is advised not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.
Intellectual property rights.
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of L'Artigianato Sirmione and/or its assignees, without access to the Site and/or the purchase of the Products deriving any right to the Consumer over the same.
11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of L'Artigianato Sirmione.
Consumer data and privacy protection.
12.1. In order to register, place an order, and therefore conclude this contract, the Consumer is required to provide certain personal data through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by L'Artigianato Sirmione in accordance with and in compliance with the provisions of Legislative Decree no. 196/2003 and subsequent amendments and additions to execute each purchase contract for Products through its website and, with the Consumer's consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Website at the time of registration.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
12.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the specific "My Account" section of the Site, accessible after authentication.
Applicable law, conciliation attempt and competent court.
13.1. The sales contract concluded through the website between the Seller and the Consumer is governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, the so-called Consumer Code, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
13.2 In the event of a dispute between the Seller and the Consumer concerning the online sales contract, the Consumer will have the right to resolve it before one of the Conciliation Commissions established in Italy. As an alternative to the conciliation attempt referred to in the previous paragraph, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a professional established in the European Union through the intervention of a participating ADR (Alternative Dispute Resolution) body, selectable from a specific list available therein. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure relating to this contract, please visit the following link: http://ec.europa.eu/odr. The Seller's email address to be provided on the European ODR Platform is: artigianatosirmione@gmail.com.
13.3 If the conciliation attempt referred to in the previous point 13.1 or 13.2 is not accepted or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.