Terms and Conditions
TERMS OF SALE
The offer and sale of products on www.carlottadimontefalco.com are governed by the following General Conditions of Sale.
The products purchased on www.carlottadimontefalco.com are made by Carlotta di Montefalco with headquarters in Via Giuseppe Belardinelli,97, 00123 Rome, PI15087391007
These General Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products on www.carlottadimontefalco.com between users of the website www.carlottadimontefalco.com and the Seller, through the website itself or other authorized sales channels.
ITEMS FOR SALE
Only original products handmade in Italy by Carlotta di Montefalco or her collaborators are available on www.carlottadimontefalco.com.
The essential characteristics of the products are presented within each product sheet.
The conclusion of the purchase process implies the reading and acceptance of the product characteristics reported on www.carlottadimontefalco.com
The images and colours of the products offered for sale may, however, not exactly correspond to the actual ones due to the Internet browser and monitor used.
1. DEFINITIONS
1.1 The term “online sales contract” means the sales contract relating to the Seller's tangible movable goods, stipulated between the Seller and the Buyer within the scope of a remote selling system via electronic tools, organised by the Seller.
1.2 The term “Purchaser” refers to the natural person consumer who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity he or she may carry out.
1.3 The term “Seller” refers to the entity indicated in the epigraph or the entity providing the information services.
2. OBJECT OF THE CONTRACT
2.1 With this contract, respectively, the Seller sells and the Buyer purchases remotely via electronic means the tangible movable goods indicated and offered for sale on the website www.carlottadimontefalco.com
2.2 The contract between the seller and the buyer is concluded exclusively via the Internet by the buyer accessing the address www.carlottadimontefalco.com where, following the indicated procedures, the buyer will formalize the contract for the purchase of the goods on the site.
2.3 The purchase contract is concluded by correctly completing the request form and expressing consent to the purchase by submitting the online application, after viewing a printable order summary web page, which contains the details of the person placing the order, the price of the purchased item, shipping costs and any additional charges, payment methods and terms, the address to which the item will be delivered, delivery times, and the existence of the right of withdrawal.
2.4 When the Seller receives the order from the Buyer, he will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the data previously requested.
2.5 The contract shall not be considered perfected and effective between the parties in the absence of what is indicated in the previous point.
3. PAYMENT AND REFUND
3.1 All payments by the Buyer may only be made using one of the methods indicated on the Seller's dedicated web page.
3.2 Any refunds to the Buyer will be credited using the same method used for payment, and in the event of exercising the right of withdrawal, as set forth in paragraph 13, point 2 et seq. of this contract, within 30 days of the date on which the Seller became aware of the withdrawal.
3.3 All communications relating to payments take place on a dedicated Seller line protected by encryption. The Seller guarantees the storage of this information with an additional layer of security encryption and in compliance with the provisions of current legislation regarding the protection of personal data.
4. TIMING AND DELIVERY
4.1 The Seller will deliver the selected and ordered products, using the methods indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 2.4.
4.2 The shipping methods, times and costs are clearly indicated and highlighted on the FAQ page
5. PRICES
5.1 All sales prices of the products displayed and indicated on the website are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
5.2 Shipping costs and any additional charges, if any, although not included in the purchase price, must be indicated and calculated in the purchasing procedure before the order is sent by the Buyer and are contained on the order summary web page.
5.3 The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
6. LIMITATIONS OF LIABILITY
6.1 The Seller assumes no responsibility for disruptions attributable to force majeure in the event that it is unable to fulfill the order within the timeframes set out in the contract.
6.2 The Seller shall not be held liable to the Buyer, except in cases of wilful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet outside of its own control or that of its suppliers.
6.3 Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, the Buyer being entitled only to a full refund of the price paid and any additional costs incurred.
6.4 The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks, or other means of payment for purchased products, provided it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.
6.5 Under no circumstances may the Buyer be held liable for delays or errors in payment if he can demonstrate that he made the payment within the times and methods indicated by the Seller.
7. BUYER'S OBLIGATIONS
7.1 The Buyer undertakes to pay the price of the purchased goods within the time and manner indicated in the contract.
7.2 The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before confirming the purchase.
7.3 For requests for custom, non-catalogue orders, the buyer undertakes, after accepting the estimate issued by the Seller, to pay a deposit (the amount of which will be agreed upon with the Seller) followed by the final payment when the product is ready for shipment. Should the buyer refuse to complete the order and pay the final payment, they will lose the deposit previously paid and all rights to the product. Orders for custom-made products must be paid for no later than 10 days after the product is ready for shipment.
8. RIGHT OF WITHDRAWAL
8.1 The Buyer has the right to withdraw from the contract stipulated in any case, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
8.2 If the Buyer decides to exercise the right of withdrawal, he/she must notify the Seller by email to info@carlottadimontefalco.com within 48 (forty-eight) hours.
8.3 The item must be returned no later than 14 (fourteen) days from the date of receipt, in the same packaging and wrapping as shipped. For further details, please refer to the RETURNS AND REFUNDS section.
8.4 The Supplier will refund the entire amount paid by the Buyer within 30 (thirty) days of receiving the notice of withdrawal.
8.5 Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, except as provided for in the previous points of this article.
9. CAUSES FOR TERMINATION
9.1 The obligations set forth in point 8.1, undertaken by the Buyer, as well as the guarantee of successful payment that the Buyer makes using the means set forth in point 3.1, and also the exact fulfillment of the obligations undertaken by the Seller in point 4, are of an essential nature, so that, by express agreement, the failure to fulfill even one of said obligations, unless caused by fortuitous event or force majeure, will result in the termination of the contract by operation of law pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.
10. CONFIDENTIALITY AND PROCESSING OF BUYER DATA
10.1. The Seller protects the privacy of its customers and guarantees that data processing complies with the provisions of the General Data Protection Regulation (GDPR) in force since 25 May 2018 and previous legislation (Legislative Decree 30 June 2003, no. 196).
10.2 Personal data, including personal and tax information, acquired directly and/or through third parties by the Seller, the data controller, are collected and processed electronically, in accordance with the processing methods for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, and to enable effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b, Legislative Decree 196/2003).
10.3 The Seller undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may be disclosed only upon request by the judicial authorities or other authorities authorized by law.
10.4 Personal data will be communicated, subject to the signing of a data confidentiality agreement, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract (for example: courier) and communicated exclusively for this purpose.
10.5 The provision of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failure to provide such data will prevent the Buyer's request from being processed.
10.6 The owner of the collection and processing of personal data is the Seller, to whom the Buyer may address any requests, at the headquarters or by email to info@carlottadimontefalco.com.
If you are a resident of the EEA, you have the following data protection rights:
10.7 If you wish to correct, update, or request deletion of your personal information, you may do so at any time by sending an email to info@carlottadimontefalco.com
10.8 Additionally, you can object to the processing of your personal data or request data portability. Again, you can exercise these rights by sending an email to info@carlottadimontefalco.com
10.9 You have the right to opt out of marketing communications. You can exercise this right by clicking the unsubscribe link in the marketing emails we send you. To opt out of other forms of marketing, please contact us by sending an email to info@carlottadimontefalco.com
11. COMMUNICATIONS AND COMPLAINTS
11.1. Written communications addressed to the Seller and any complaints will be considered valid only if sent by email to the following address: info@carlottadimontefalco.com. The Buyer indicates in the registration form his or her residence or domicile, telephone number, or email address to which he or she wishes the Seller's communications to be sent.
12. DISPUTE RESOLUTION
12.1 Should the Parties intend to bring proceedings before the ordinary judicial authorities, the competent court shall be that of the place of residence or elected domicile of the Buyer, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.
13. APPLICABLE LAW AND REFERENCE
13.1. This contract is governed by Italian law.