General conditions of sale (GCS)
General Conditions of Sale (for brevity also GCS) regulate the purchase, via telematic or telephone mode, of the products presented on the website www.situer.it managed by Castellani.it Srl with headquarters in via Lungomonte, 147 in Montecalvoli (PI).
These GCS constitute an integral and essential part of the purchase contract for any product on the site.
Sending an order implies acceptance by the customer of the existing general conditions of sale.
situér milano reserves the right to revise these GCS at any time without notice.
Conclusion of the sales contract:
The presentation of the products on the site constitutes an invitation to users to formulate a purchase proposal with regard to situér milano. Such calls for offers are not binding for situér milano.
Therefore, any decision concerning the acceptance of any proposals remains at the discretion of situér milano.
The prices published on the site do not include VAT and do not include any taxes, duties or duties applicable in the country of destination of the products, if this is different from Italy, which will be charged to the customer. situér milano reserves the right to modify, at any time and without notice, the prices shown on the site.
Online contract conclusion:
To conclude an order, the customer does not have to register on the site. The customer can, in fact, also proceed with the purchase as a "guest".
The data released in situér milano during registration will be processed in compliance with the provisions on the protection of personal data and used only and exclusively to process the order received.
Each order submitted must be understood, in all respects, as a contractual proposal by the customer.
Upon placing the order by the customer, prompt confirmation from situér milano will follow by sending an e-mail to the e-mail account entered by the customer when ordering.
The customer will pay the price of the products ordered in full, at the same time as placing the order.
The customer can make his payment by credit card, Paypal, prepaid card (eg "Postepay") or bank transfer. In the latter case, the customer must transmit, as soon as possible, the payment receipt issued by the bank. The order will be processed only after situér milano has learned the original receipt of the transfer or when it has received the actual credit on the bank. To find out the details of the payment, please refer to the "Payment Methods" section of our website.
Liability and guarantees:
situér milano will not be responsible for non-delivery or delayed delivery in the event that:
- despite having made the regular and timely purchase of products to cover the order received, it has not been supplied in the terms and ways agreed with the supplier;
- is unable to make up for the unavailability of these products, due to circumstances beyond its control;
- promptly communicated this unavailability to the customer.
In any case, where the customer is a consumer and the unavailability of the products, due to one of the circumstances indicated in the previous points, does not allow to proceed with the delivery of the product within 30 (thirty) days from the forwarding of the order by the the consumer himself, situér milano will reimburse the consumer for any advance payments of the price within 30 (thirty) days from the day following that on which the order was sent.
Legal guarantee of conformity:
Articles 128 and following of the Consumer Code regulate the rights of the consumer / buyer in the presence of defects on the purchased goods and provide the two-year warranty against the seller.
Civil Code - Art. 1490 - Guarantees for defects in the thing sold: The seller is required to ensure that the thing sold is immune from defects that make it unsuitable for the use for which it is intended or significantly diminish its value. The agreement with which the guarantee is excluded or limited has no effect, if the seller has in bad faith kept the defects of the thing silent from the buyer.
Passing of risk - Article 63 of the Consumer Code:
1.In contracts that place an obligation on the professional to ship the goods, the risk of loss or damage to the 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, he physically enters into possession of the goods.
2.However, the risk is transferred to the consumer already at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the professional, without prejudice to the consumer's rights towards the carrier.
ADR (joint tanning):
According to article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can make use of the Joint Conciliation procedure. The Procedure can be started if the consumer, after submitting a complaint to the company, within thirty days, has not received a response or has received a response not deemed satisfactory by him. The customer who decides to use the Joint Conciliation procedure is obliged to transmit the application to the address: [email protected] or to the fax number 02/87181126. For more information, see: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione- Paritetica.kl
ODR (equal conciliation):
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he can lodge a complaint via the European Union ODR platform reachable at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to resolve disputes arising from sales contracts or online services out of court. For more information contact [email protected]
Invoices will be sent exclusively in electronic format to the email box provided by the customer.
Shipping: how to receive the goods
The standard shipment does not include delivery to the floor, but only the unloading on the sidewalk (where available, via the tail lift). The customer must therefore always be ready to assist the haulier in the unloading.
situér milano does not provide porterage and / or on-site positioning services. Therefore the customer will not have to pay any additional sum to the courier for unloading beyond that already incurred, when ordering, for shipping. The customer must contact us immediately if the courier wishes to receive sums for ancillary services.
The shipper delivers at an unspecified time between 09:00 and 17:00. If the forwarder does not find anyone to receive it, the goods will be returned to the warehouse of the courier closest to the customer. The courier will send the stock notice directly to situér milano. An operator of the situér milano will contact the customer to arrange the return. The courier will not accept the reopening of the customer's initiative.
It is the shipper's responsibility to transport the goods carefully and deliver an undamaged package.
The package was intact but the goods were damaged? Due to the inexperience and negligence of the shipper we are faced with the hidden damage from transport (art. 1698 of the civil code).
situér milano is not responsible for the transport carried out by the shipper.
With the transport contract, the carrier undertakes, for consideration, to transfer people or things from one place to another (article 1678 of the civil code).
The transport contract is a so-called work contract, in which whoever carries out the transport receives the goods in custody and is legally responsible for them. In fact, "the carrier is responsible for the loss and damage of the things delivered to him for transportation, from the moment he receives them to the one when he returns them to the recipient, if he does not prove that the loss or damage was caused by chance, by the nature or by the defects of the things themselves or by their packaging, or by the fact of the sender or that of the recipient ".
During all this time the carrier has the custody of the goods received and there are few eventualities that relieve him from loss and damage of the same.
Before releasing the shipper, the customer must make sure of the conditions of the material delivered.
Signing without reservation or with reservation without justification is not valid for the purpose of the dispute and is equivalent to not making reservations. To open an insurance practice, it is MANDATORY to place a non-generic but well-motivated control reserve. In no case must unconditional reserve statements be made: write, for example, "ACCEPTED WITH RESERVE OF VERIFICATION" or "RESERVE OF CONTROL" exempts situér milano from any liability. The customer will not have to worry about any reservations presented to the shipper; these will be automatically canceled after 8 days.
situér milano will initiate its investigations and may open the insurance practice ONLY and EXCLUSIVELY provided that the customer has diligently motivated the control reservation.
The customer must take all the time necessary for the appropriate checks, not in a hurry to affix the signature on the shipping receipt. Making reservations about shipping, obviously where they are justified, is a right guaranteed by art. 1698 c.c.
The verification operations and any disputes must take place within 3 working days following the delivery date.
In each product sheet the customer can find the indicative shipping and delivery times.
The term "shipping times" means the time of entrustment of the goods to the courier.
The term "delivery times" means the time needed to send the product from our warehouses (or suppliers' warehouses) to its destination. Shipping and delivery times are absolutely indicative and may vary according to the type and availability of the product, the period of low or high season, depending on the holiday periods and / or according to the delivery area. Any delays subsequent to the delivery of the goods to the courier cannot be a reason for complaint for situér milano.
What reservations should the customer place on the waybill issued by the courier?
Before even examining the package, the customer must pay close attention to the delivery of the person in charge.
- The customer must accept with RESERVE FOR IMPROPER TREATMENT if the shipper pays little attention in unloading the goods, check that our label applied to the package correctly reports the delivery details (shipping address). In the event of an error, you must reject the shipment, highlighting the discrepancy between the addresses on the package and on the shipping note to the carrier. It will be up to the shipper to trace the correct parcel in its distribution network and deliver it to you after a few days.
- The customer must then verify that the seals and / or warranty labels present are perfectly intact and not covered with the courier's adhesive tape. Otherwise, the customer must accept with RESERVE FOR SUSPECTED TAMPERING
- The customer must, however, accept with RESERVE PER NECK VISUALLY DAMAGED if he finds a minimum anomaly and specify in detail the extent of the damage (if the neck is wet, folded ...). In the event that the forwarder makes an opposition, it is advisable not to sign the courier's note and to promptly contact our customer service on 0587/748052. Our logistics office will initiate investigations. The forwarder will be liable for damage caused during transport.
How should the goods be checked on arrival?
- Open the package and remove the contents while temporarily keeping all the packaging.
- Check the quantities of the goods delivered with the help of the accompanying invoice issued by the courier.
- In the event of any hidden damage, the customer must send to [email protected] as many photos as possible attesting to the findings indicating the number and date of the accompanying invoice and the order number.
- Remain available to situér milano until the dispute is completed.
- If material is missing, write to [email protected]. We will take care of further shipment to complete it. Obviously the customer will not have to pay additional sums to cover this. noncompliance.
Reception and complaints:
In the event that the customer wishes to open a complaint, he must contact our shipping office by telephone on 0587/748052, by entering extension 1.
Upon delivery, the customer must check the packaging of the product (s) and the number and condition of the packages.
The customer must place the control and verification reserve on the courier's note, arguing and motivating the choice to accept the goods with reserve (the general reservations of the type "I accept the goods subject to control" are insufficient), confirm promptly (within 3 working days from receipt) and by telephone the reserve by contacting the shipments service of situér milano on 0587/748052, by typing extension 1 and sending [email protected] the photos proving failures, deficiencies, hidden damages or other discrepancies from the order . No goods returned spontaneously will be accepted without prior agreement with situèr milano.
Furthermore, the customer must be able to provide any justification regarding the veracity of the complaints invoked and to grant situér milano the right to verify the facts.
The returned product must be delivered to situér milano couriers in perfect condition, in its original packaging and equipped with any accessories.
situér milano will reserve the right to check the goods upon arrival, accept the complaint and proceed with the replacement of the defective or non-compliant product or its refund in case of unavailability of the product in stock or at suppliers.
What happens if the buyer refuses delivery?
If the buyer refuses the goods it will be delivered to the warehouse of the courier closest to the customer. The courier will send the stock notification directly to situér milano.
Warning! The courier will not accept the reopening of the customer's inventory!
- If the buyer refuses the goods because they are visually damaged, the return costs and any storage and delivery costs are totally borne by situér milano;
- If the buyer refuses the goods without a valid reason, the return costs and any storage and delivery costs are totally borne by the customer..
Returns and Refunds
- What is the right of withdrawal? The right of withdrawal consists in the possibility for one of the contracting parties to unilaterally terminate a contract, extinguishing all the obligations deriving from it, without the consent of the other party and without being subject to penalties. Art. 54 c.d.c. Consumer Code: 1. Unless otherwise agreed between the parties, the professional must place the order within thirty days from the day following the day on which the consumer sent the order to the professional. 2. In case of non-execution of the order by the professional, due to the unavailability, even temporary, of the goods or services requested, the professional, within the period referred to in paragraph 1, informs the consumer, according to the methods Article 53, paragraph 1, and reimburses any sums already paid for the payment of the supply. Without the consumer's consent, to be expressed before or at the time of the conclusion of the contract, the professional cannot fulfill by performing a supply different from that agreed, even if of equivalent or superior value and quality.
- Who can take advantage of the right of withdrawal? The right of withdrawal is reserved exclusively to private individuals and not also to the holders of a VAT number, unless the desire to withdraw does not derive from causes attributable to production defects, to hidden damages caused by the outward transport or to discrepancies with the order Pursuant to the European Directive 2011/83, implemented in Italy with the Legislative Decree of 3 December 2013, the buyer can withdraw from the purchase contract without necessarily specifying the reason for the return.
- How can the customer benefit from the right of withdrawal? Customers wishing to exercise the right of withdrawal must communicate their will to situér milano by registered letter with return receipt (to be sent to Castellani.it Srl - Via Lungomonte, 147 - 56020 - Montecalvoli - prov. PI) or by writing to [email protected], within 14 working days from the delivery date, attaching a copy of the transport documents.
- What should the customer indicate in the Recommend A / R? The customer must indicate the invoice number, the product code (s) and the bank details for the transfer.
- Who will bear the return shipping costs? The return shipping costs are fully borne by the customer. From the moment situér milano has accepted the return request, the customer will have 14 (fourteen) calendar days to ship the return. After this deadline, the buyer will no longer be able to benefit from the right of withdrawal. Return costs and any delivery costs are entirely borne by situér milano only and exclusively if the goods are damaged during the opening phase. The return costs and any delivery costs are totally borne by the buyer if the latter decides to return the goods without a justified reason.
- How do I return? After obtaining the return authorization from the operator, the customer must send the product to: Castellani.it Srl -Via Lungomonte, 147 -56020 - Montecalvoli - PI
- When and in what terms will situér milano make the refund? situér milano will reimburse by bank transfer no later than 14 (fourteen) working days from the communication of the right of withdrawal only and exclusively after an accurate check of the status of the returned goods.
The right of withdrawal is lost if the returned product is not intact, i.e. it lacks the original external and internal packaging, is damaged or even partially used.