1. INTRODUCTION
1.1 ABITAREARREDA S.r.l., with registered office in San Vito dei Normanni (BR) Via Milo 17, VAT and Tax Code 02637310745, registered with the Brindisi Business Register under number 160610 ("ABITAREARREDA"), is the owner of the website www.abitarearreda.it ("Website"). These general terms and conditions of sale ("General Conditions") are governed by the Consumer Code (Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, which constitutes the regulatory framework concerning consumer rights and implements Directive 2011/83/EU amending Directive 93/13/EEC, Directive 1999/44/EC, and as amended by Legislative Decree no. 130/2015 implementing Directive 2013/11/EU).
1.2 The following General Conditions of Sale govern the sale of products on the website www.abitarearreda.it (hereinafter also the "Website" or simply the "Site") or through a pro forma purchase order sent to the customer.
1.3 Please note that the General Conditions of Sale are subject to changes; therefore, it is advised to check and save or print a copy before making any purchase. Any changes will be effective from their publication on the website and will not apply to contracts concluded before such publication.
1.4 These General Conditions of Sale apply to contracts concluded from 10/09/2021 onwards.
2. DEFINITIONS
2.1 For the purposes of this contract, the following terms shall mean:
- Seller: ABITAREARREDA SRL or simply ABITAREARREDA, the entity engaged in the commercialization of household appliances, furniture, and other furnishing items bearing other company trademarks (hereinafter referred to as "Products") through the website www.abitarearreda.it, managed by the same;
- Customer: the subject who purchases products from the Seller;
- Consumer: the natural person who, according to Article 3 letter a) of Legislative Decree no. 206/2005, acts for purposes unrelated to any entrepreneurial or professional activity that may be performed;
- Purchase Proposal: the order sent electronically by the Customer specifying the type and characteristics of the product intended to be purchased, its selling price, and the shipping costs, if any, borne by the Customer;
- Contract: the sales contract concluded between the Seller and the Customer concerning the products available on the website www.abitarearreda.it;
- Legal Conformity Warranty: the warranty provided by Articles 128-135 of the Consumer Code, applicable exclusively to consumers.
2.2 These General Conditions of Sale (hereinafter, for brevity, "General Conditions") govern the sale of services and products marketed by www.abitarearreda.it. All purchase contracts concluded through the website www.abitarearreda.it and in accordance with the procedures indicated therein, between the seller and the customer, shall be governed by these General Conditions, which are accepted by the Customer.
3. CONTRACT CONCLUSION
3.1 The contract concluded between ABITAREARREDA and the Customer is considered finalized and effective only upon acceptance of the Proposal by ABITAREARREDA, which reserves the right, at its sole discretion, to accept the order, subject to verification of the availability of the product mentioned in the Proposal, under the conditions stated therein. Acceptance of the order involves the status change from "pending," "awaiting payment," or "payment accepted" to "Order Placed" or "In Stock." In case of non-acceptance, the Seller will promptly notify the customer, via email or by phone at the contacts provided by the customer, stating the reasons for non-acceptance. In the case of a telephone or email order with a pro forma invoice, the order is deemed tacitly accepted after 10 (ten) days. In case of non-acceptance, the Seller will promptly notify the customer, via email or by phone at the contacts provided by the customer, stating the reasons for non-acceptance.
3.2 The sales Proposal is considered "subject to stock availability." In the event that the actual product is no longer available from the suppliers and/or the availability time is longer than that communicated on the website (in the product details under "Delivered in:"), the Seller will promptly notify the customer via email or by phone, stating the reasons for such unavailability. In this case, the Customer can choose to:
- change the product;
- possibly wait further, even beyond the times indicated in the following point 6.2;
- cancel the order and be reimbursed for any amount paid. Any refund will be made as soon as possible and in any case within 30 days from the date of receipt of the refund request communication.
3.3 By placing the order, the Customer automatically declares to have read all the information provided during the purchase procedure and fully accepts the General Conditions of Sale and payment transcribed below (even if the Orders have been made by phone or email).
3.4 If the Customer is a consumer (i.e., a natural person who purchases the goods for purposes not related to his/her professional activity), after completing the online purchase procedure, he/she shall print or save an electronic copy and, in any case, retain these general conditions of sale, in accordance with Articles 49-51 of Legislative Decree no. 206/05 on distance selling.
3.5 Any right of the Customer to compensation for damages or indemnity, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance, even partial, of an order, is excluded.
4. PURCHASING METHODS
4.1 The Customer can only purchase the products available on the Seller's website at the time of placing the order and visible at the address https://www.abitarearreda.it, as described in their respective information sheets. The technical information entered on the website accurately reproduces the information provided by the manufacturers of the products listed in their paper catalogs or websites, which are publicly available. The Seller, therefore, reserves the right to modify the technical information of the products to align them with the information provided by the manufacturers, without any prior notice. It is understood that the image accompanying the product description may not perfectly represent its characteristics and may differ in color, size, and accessories shown in the photo. The Seller is not responsible for any errors in the technical data, descriptions, or photographs due to errors on the website or in the manufacturer's paper catalog. Therefore, before placing an order, if the Customer is interested in specific product features, it is their responsibility to contact the manufacturer or the Seller to ensure that the chosen product meets their requirements.
4.2 The correct receipt of the order is confirmed by ABITAREARREDA through an email sent to the email address provided by the Customer at the time of order completion. This confirmation email does not constitute acceptance of the proposal and will include:
- Date and time of order receipt
- An "Order Number" to be used in any further communication with the Seller
- All data provided by the Customer (name, surname, address, email, etc.)
- The name of the product, quantity, and characteristics (color, configuration, etc.)
- The sale price and details of shipping or order handling costs.
The Customer is required to verify the correctness of the information and promptly communicate any corrections to the email address shop@abitarearreda.it.
4.3 The Customer can also check the status of their order by accessing their dedicated user area under the section "My Account / Orders".
4.4 The cancellation or modification of the order by the Customer is possible until it has not been processed, i.e., when the order is still in the status "Pending," "Awaiting Payment," or "Payment Accepted." If the status shows "Order Placed," the order can be canceled, but in this case, the Seller will retain 10% of the order value to cover administrative, logistical, and operational costs. An order cannot be canceled or modified for any reason if it is in the status "Goods in Stock" or "Shipped." In any case, the consumer can always exercise the Right of Withdrawal, as described in point 8 below.
4.5 It is NEVER possible to cancel an order for a personalized or custom-made product.
4.6 Upon receiving the purchase proposal, the Seller will verify its acceptance, as per the previous article 3. In the event of non-acceptance of the order, the Seller commits to promptly communicate with the Customer.
4.7 All prices on the website are retail prices, inclusive of VAT, unless the destination country of the product is outside the EU.
4.8 The simultaneous access of many Users-Customers and the simultaneous possibility of "online" orders may modify the product availability and/or its price. For this reason, if any modification is required at the time of the order, the Seller will send an email to the Customer communicating all changes and/or variations regarding the product, which will be considered as a new purchase proposal. If the Customer does not intend to accept the new sales proposal following the necessary changes, the previously placed order will be canceled. Any right of the Customer to compensation or indemnity is excluded.
4.9 For every order placed on www.abitarearreda.it, ABITAREARREDA will issue the corresponding accompanying invoice, and for its issuance, the information provided by the Customer at the time of the order will be considered valid. No variation in the invoice will be possible after its issuance. The original printed invoice will be provided together with the goods.
4.10 If the Customer does not communicate their tax code, ABITAREARREDA will send the product with its accompanying document (DDT) along with a receipt. Once issued, it will not be possible to request its cancellation and/or replacement with an invoice.
5. PRICES AND PAYMENT METHODS
5.1 The Seller reserves the right to change the prices of the products on the website at any time. However, the price of a product included in an Order will not be modified after its acceptance, except in case of errors in its indication.
5.2 The payment for the price of the products, any services, and shipping costs can be made by cash on delivery, credit card (VISA, MasterCards, American Express), advance bank transfer, or installment financing through Consel Spa.
5.3 In the case of cash on delivery payment, a confirmatory deposit is required, clearly highlighted at the time of choosing the payment method, to be made by bank transfer or credit card. You will receive banking details and a payment link directly upon order confirmation. Payment must be made to the courier exclusively in CASH (exact amount, no change will be provided) if the order value does not exceed 990 Euro. For amounts exceeding 990.00 Euro, a 30% deposit of the total is required through bank transfer or credit card, and the remaining 70%, up to a maximum of 990 Euro, can be paid upon delivery. If the balance is greater than 990 Euro, the required deposit will increase proportionally until the amount to be paid upon delivery reaches 990.00 Euro. The required deposit and the remaining payment are clearly indicated on the website during the ordering process. If the customer orders special or highly personalized products, the staff may request telephone confirmation of the order. The cash on delivery payment method is available only in Italy.
5.4 In the case of payment by credit card, the Customer's bank account will be automatically charged for each order at the time of the Purchase Proposal, and the order will be considered effective only after the approval of the bank payment centers.
5.5 In the case of payment by advance bank transfer, the items ordered by the Customer will be reserved until proof of the transfer is received, sent by fax to the number +39 0831 983949 or by email to shop@abitarearreda.it, which must be made within 7 days from the date of order acceptance. The items will be sent only upon the actual credit to ABITAREARREDA's bank account, which must occur within 5 working days from the date of order acceptance; after this period, the order will be automatically canceled. The reason for the bank transfer must include the order number indicated in the order confirmation email. The banking details for making the transfers will be sent to the customer through the order confirmation email.
5.6 Thanks to an agreement with Findomestic Banca Spa, you can pay for your purchases in installments ranging from a minimum of €200.00 to a maximum of €10,000.00. The granting of financing and the completion of the order are subject to the prior approval by Findomestic. The data is provided directly to Findomestic and will not be made available to ABITAREARREDA for any reason. You can check the complete information on installment payments on Findomestic's website: Findomestic installment payment policy.
5.7 According to the privacy policy provisions, the Site does not store the Customer's banking details and credit card data to ensure greater security in the processing of personal data. Customers are encouraged to register and print the payment details if they wish to keep records of their transactions.
5.8 Split your payment into 3 interest-free installments to spread the cost of your purchase over time. The first payment will be made when the order is shipped, while the other 2 will be charged every 30 days to a debit or credit card of your choice. With Klarna, you have the flexibility to buy in installments without any additional interest.
6. PRODUCT DELIVERY
6.1 Location and delivery methods:
- The Seller delivers the Products both within Italy and abroad.
- The delivery of the purchased products can be made, at the customer's choice, by alternative methods; specifically, to the postal address specified by the Customer in the order form or through delivery at our warehouse.
- An extra charge may be requested by the courier for deliveries in remote areas such as minor islands, dirt roads, narrow or difficult-to-reach locations.
6.2 Delivery to the address specified by the Customer
- The Seller will inform the customer, by sending an email, of the date the package was handed over to the courier
- The ordered products will be sent to the postal address specified by the Customer in the order form. The delivery can be made on the roadside (standard delivery), with doorstep delivery (PRO delivery), with doorstep delivery and product assembly (PRO PLUS delivery).
- The costs of the different types of delivery will be clearly shown during the purchase process.
- By requesting and purchasing the appointment delivery service, the Customer will be contacted by phone or email directly by the courier to arrange the delivery date and time slot.
- In the event of the customer's absence on the day, time, and place agreed with the carrier, the goods will be deposited in the local warehouse of the courier, and the consignment status will be updated to "on hold." Depending on the service offered by the courier, a second delivery attempt may be made without updating the consignment status. As soon as the Seller's customer service becomes aware of a "on hold" status, the Customer will be promptly contacted to arrange a new delivery attempt.
- In case the subsequent delivery attempt, after contacting customer service, is also unsuccessful, or if the Customer does not respond to the contact attempt, the goods will be returned to the Seller, and the Customer will be notified of this circumstance by email.
The customer acknowledges that, after fifteen (15) days from when the package is returned to the Seller, the Contract will be deemed terminated, and the purchase order will be canceled under Article 1456 of the Italian Civil Code.
Upon termination of the contract, the Seller will proceed with the refund of the amount paid by the Customer, minus the expenses of the unsuccessful order delivery, the expenses of returning the order to the Seller, the expenses of holding the order, as well as administrative and management expenses amounting to 10% of the order value. - The resolution of the contract and the amount of the refund will be communicated to the Customer via email. The refund amount will be credited by bank transfer to the Customer, subject to verification of the integrity of the product.
- For clarification, it is specified that the holding costs are €2.50 per day, including VAT. These costs are calculated starting from the day following the shipment of the order or after fifteen (15) days of product availability for collection at our warehouse.
- In case, before the expiration of the fifteen (15) days, the customer requests to receive the order again, the Seller will proceed with the new delivery, subject to charging, in addition to the costs of the delivery, the expenses of returning the Products to the Seller.
- The Seller shall not be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer (incomplete or incorrect address, wrong telephone number, etc.).
- The Seller shall not be held responsible for any damage that may occur to the Products after their delivery to the carrier responsible for their transportation, as well as for delays in delivery attributable to the carrier.
6.3 Pick-up at the Seller's warehouses.
- As an alternative to delivery to the postal address specified by the customer in the order form, the Seller offers the Customer the possibility of picking up the purchased product at its warehouses. To use this method, the customer must select the "pickup from the warehouse" option;
- As soon as the order is ready for pick-up, the Customer will receive an email notification of the actual availability of the products at the warehouse, and the order status will change to "available at the warehouse."
- Delivery is considered completed on the date indicated in the above-mentioned email notification.
- From the date indicated in the notification email, the customer will have fifteen (15) days to pick up the product, except for different agreements made with the ABITAREARREDA staff in advance. If the Customer fails to fulfill this obligation, customer service will send an email to the customer to inform them of the non-collection of the product, and it will be considered in a state of holding. The Customer acknowledges that, after fifteen (15) days from when the goods are in a holding state, the contract is terminated under Article 1456 of the Italian Civil Code. As a result of the termination, the order will be canceled, and the Seller will refund the amount paid by the customer, minus the holding costs of the order, as well as administrative and management expenses amounting to 10% of the order value.
- To pick up the order, the customer must show a copy of the email notification of receipt of the goods at the warehouse to the warehouse staff, along with an identity document. If the customer cannot pick up the order personally, the Customer may delegate a third party in writing. The delegation must be accompanied by a copy of the customer's identity document and the document of the delegated subject.
- The failure to pick up the order within the terms specified in paragraph 6.3.4 above cannot be interpreted as exercising the right of withdrawal pursuant to Article 52 (formerly Article 64) of Legislative Decree No. 206 of 6/09/2005 (Consumer Code) and, consequently, does not entitle the customer to a full refund of the sums paid for the purchase.
- The term of fourteen (14) days for exercising the right of withdrawal under Article 64 of the Consumer Code shall run from the date on which the consumer acquires physical possession of the goods.
- The terms and conditions governing the exercise of the right of withdrawal are described in the following Article 8
- In the event of the exercise of the right of withdrawal, the Seller will fully refund the sums paid by the customer provided that the latter picks up the product within the term referred to in point 6.3.4 of this Article. In case of failure to collect the product within the specified terms, the Seller will terminate the contract and refund the customer the amount paid, minus the costs of receiving the product at the warehouse, in accordance with the provisions of this Article.
6.4 Delivery time
- The deadline set for delivery is forty-five (45) working days from the day following the status of the order changing to "In Order." Different indications given to the customer in the order confirmation and product sheet will apply in this case. In such a case, the Seller will indicate to the customer a different delivery time.
- It is specified that for some products, delivery times longer than forty-five (45) working days may be expected, and in this case, the Seller will promptly inform the consumer.
- In any case, if it is impossible to meet the aforementioned deadline due to causes not attributable to the Seller but to the availability of the supplier and the manufacturer, the Seller will send written communication to the customer, who will have the option to:
a) Cancel the order and be refunded for the amount already spent
b) Change the ordered product
c) Wait further, even beyond the times referred to in the previous point
In the event that the consumer requests the cancellation of the order under paragraph 6.4.3 letter a), the refund will be made as soon as possible and in any case within 20 days from the date of receipt of the refund request communication and credited via bank transfer.
7. TRANSFER OF RISKS AND TRANSPORT DAMAGES
7.1 The seller is released and therefore not liable for the loss or damage of the products subject to the order once they are delivered to the carrier. The consumer's rights against the carrier remain valid if the loss or damage to the product is attributable to the carrier. During the withdrawal period mentioned in the following article 8, the customer is responsible for the product as a custodian. If the product is damaged or destroyed while in the customer's custody, the customer will be held responsible.
7.2 At the time of delivery of the goods, the customer is required to check:
- That the number of packages delivered corresponds to what is indicated on the transport document or delivery note.
- That the packaging is intact, undamaged, not wet, or otherwise altered.
7.3 Any external damages or discrepancies in the number of packages must be immediately reported to the courier making the delivery by writing "RESERVE FOR GOODS INSPECTION for... (indicate the reason)" on the appropriate accompanying document that the courier will ask you to sign.
For example, the customer can write: "RESERVE FOR GOODS INSPECTION for damaged package" or "RESERVE FOR GOODS INSPECTION for missing package," etc.
7.4 If the customer accepts the product and signs the transport document without making the necessary reservations as mentioned in point 7.3 above, the customer will not be able to later claim any shortages or damages due to transportation.
7.5 The contested issues as reported must be confirmed within seven (7) working days via email to the seller's address shop@abitarearreda.it, accompanied by a description and photos. Once the seller receives the email from the customer, the seller will request the courier to open a transport damage claim.
7.6 Once the presence of transport damage is recognized (at the sole discretion of the courier), the seller will arrange for the repair of the product, order a replacement product, or refund its value. Any additional transport costs will be borne by the customer.
7.7 Any reports received after the specified deadlines will not be considered. The customer takes full responsibility for any statements made.
8. RIGHT OF WITHDRAWAL
8.1 The consumer customer (i.e., an individual who purchases the goods for purposes not related to their professional activity or does not make the purchase by indicating a VAT reference in the order form), pursuant to Article 64 of Legislative Decree no. 206/05, has the right to withdraw from the purchase contract for any reason, without any penalty and subject to what is indicated in the following points 8.3 and 8.4, within fourteen (14) days from the date of receipt of the product. To exercise the right of withdrawal, the customer must send a request via email to shop@abitarearreda.it or via fax to 0831 983949, indicating the bank details necessary for the refund. Upon receiving the email, ABITAREARREDA will send an email to the customer authorizing the return shipment and providing the shipping address for the merchandise.
8.2 To exercise the right of withdrawal, the consumer must:
- Send a request via email to shop@abitarearreda.it or via fax to 0831 983949, indicating the bank details necessary for the refund. Find HERE the form for the withdrawal model.
- Upon receiving the email, the Seller will send an email to the customer authorizing the return shipment and providing the shipping address for the merchandise.
- Send the purchased product, using a courier of their choice and at their own expense, within fourteen (14) days from the date of communication of the withdrawal, properly protected and packaged, preferably in the original packaging, with all the eventual accessories. Pursuant to Article 57, Paragraph II, Consumer Code, the Consumer is responsible for any decrease in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
8.3 The right of withdrawal is subject to the following non-negotiable conditions, and in particular, the product must be returned:
- Without obvious signs of use that diminish its value and prevent its resale. Therefore, used products with signs of use other than those required by its nature and characteristics, damage, or dirt will not be accepted.
- Properly packed in its original packaging, in perfect condition (not ruined, torn, damaged, or soiled), and equipped with all its eventual accessories, instructions for use, documentation, and attachments. To limit damage to the original packaging, it is recommended, when possible, to place it inside a second box and not to apply adhesive tapes to the original packaging that are not transparent.
- Externally labeled for return as provided by the seller, to allow for the unique identification of the customer (order number, name, surname, and address).
8.4 It is also specified that:
- The right of withdrawal is exercised with reference to the purchased product in its entirety; it is not possible to exercise the right of withdrawal only on part of the purchased product (e.g., accessories, attached software, etc.).
- The shipping of the product to the seller, until it is certified to have been received in the seller's warehouse, is under the complete responsibility of the consumer, who will be held liable for any damage in the event of an accident, without prejudice to the carrier's liabilities. Therefore, in case of damage or loss of the returned goods during transport, the seller will inform the consumer of the incident (within five (5) working days from receiving the goods), to allow the consumer to promptly report the matter to the chosen carrier and obtain reimbursement of the value of the goods (if insured).
- The refund of the returned product will be made, including the shipping costs incurred by the seller, up to the standard cost.
8.5 In accordance with Article 57, Paragraph I, Letters c), d), and e) of the Consumer Code, the right of withdrawal is excluded in cases where the sale concerns products packaged to measure or personalized, or products that cannot be returned due to their nature or are at risk of rapid deterioration or alteration.
8.6 Pursuant to Article 59, paragraph I, letters c), d), and e) of the Consumer Code, the right of withdrawal is excluded in cases where the sale concerns products that are tailor-made or customized, or products that, by their nature, cannot be returned or are liable to deteriorate or alter rapidly.
8.7 In case of exercising the right of withdrawal for purchases made with installment financing, the related financing arrangement will be canceled. Subject to the provisions above, the customer must also communicate this intention to withdraw to Consel Spa. The seller will directly refund the amount paid.
9. DELIVERY TO THE FLOOR AND/OR INSTALLATION AND ASSEMBLY OF THE PRODUCT
9.1 Delivery to the floor and/or installation and assembly of the products purchased on the website is only available in certain areas. For these services, an additional charge may be required, which will be clearly communicated at the time of selection.
10. LEGAL WARRANTY OF PRODUCT CONFORMITY
10.1 Each product sold on the website to a consumer buyer is covered by the legal warranty of conformity according to art. 128 et seq. of Legislative Decree no. 206/2005. Therefore, the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that occurs within two (2) years from that delivery. The lack of conformity must be reported to the seller within two (2) months from the date on which it is discovered, under penalty of forfeiture of the warranty.
10.2 There is a lack of conformity when the purchased product:
- Is not suitable for the use to which goods of the same type are normally used.
- Does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model.
- Does not have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account the statements made in the advertising or labeling.
- Is not suitable for the particular use desired by the consumer and that was brought to the seller's attention at the time of conclusion of the contract and that the seller has accepted, even by conclusive conduct.
10.3 Unless proven otherwise, it is presumed that the lack of conformity that occurs within six (6) months from the delivery of the product already existed at that date, unless this assumption is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.
10.4 Products repaired, modified, or altered in any way by the consumer are excluded from the legal warranty of conformity.
10.5 In case of a lack of conformity duly reported within the terms indicated in point 10.2 above, the consumer has the right:
- Primarily: to free repair or replacement of the product, at his choice, unless the remedy requested is objectively impossible or excessively burdensome for the seller and, therefore, in the specific case, considering the type of sale, to replacement, if this is possible in relation to the number of units still available for sale.
- Secondarily: to a reduction in price or to the termination of the contract, at his choice. However, this is the case in which repair or replacement is impossible or excessively burdensome, or where the repair or replacement previously carried out has caused significant inconvenience to the consumer.
10.6 The remedy requested is excessively burdensome if it imposes on the seller unreasonable costs compared to alternative remedies that can be pursued, taking into account 1) the value that the product would have if there were no lack of conformity, 2) the extent of the lack of conformity, 3) the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.
10.7 Under no circumstances shall the seller be held liable for failure to fulfill any of the obligations arising from these General Terms and Conditions of Sale, in the event such failure is caused by force majeure and/or unforeseeable circumstances.
11. CONTRACTUAL WARRANTY
11.1 Certain products sold on the website may be equipped with a contractual warranty provided by the manufacturer. This warranty is additional to, but does not replace, the legal warranty mentioned in paragraph 10 above, which is granted to the consumer.
11.2 In case of product malfunction, the customer must contact the authorized technical service centers of the manufacturer and follow the procedures to access the assistance provided by the service center.
11.3 If the product is not covered by the direct manufacturer's warranty, or the service center communicates that the customer should contact the seller to request assistance, the customer can send the assistance request via email to shop@abitarearreda.it or via fax to +39 0831.983949. After contacting the supplier, the customer service of the seller will communicate the procedure to be followed.
11.4 The warranty does not cover parts subject to wear and tear, aesthetic parts, products with damaged and/or tampered warranty seals, as well as damage caused by force majeure, negligence, improper use, use of unauthorized spare parts, improper packaging, or any other cause not attributable to the seller or the manufacturer.
11.5 The following are excluded from this warranty:
- Periodic maintenance and repair or replacement of parts due to wear and tear.
- Consumables (components that are expected to be replaced periodically during the useful life of a product, such as non-rechargeable batteries, light bulbs, etc.).
- Damage or defects due to misuse, use, or treatment of the product for purposes other than normal personal or domestic use.
- Damage or modifications to the product resulting from improper use, including:
- treatments causing physical, aesthetic, or surface damage to the product or damage to liquid crystal displays;
- incorrect installation or use of the product for purposes other than those intended or non-compliance with the manufacturer's instructions on installation and use;
- improper maintenance of the product, not in accordance with the manufacturer's instructions for proper maintenance;
- installation or use of the product not in compliance with the technical or safety standards in force in the country where the product is installed and used.
- Condition or defects of systems to which the product is connected or in which it is incorporated.
- Repair work or attempted repairs by unauthorized personnel or unauthorized service centers.
- Adaptations or modifications made to the product without prior written authorization from the seller, including product updates exceeding the specifications and functions described in the instruction manual, or modifications made to the product to make it comply with national or local technical or safety standards in countries other than those for which the product was specifically designed and manufactured.
- Negligence.
- Fortuitous events, fires, liquids, chemicals, floods, vibrations, excessive heat, inadequate ventilation, power surges, excessive or incorrect input power supply voltage, radiation, electrostatic discharges, including lightning, other external forces, and impacts.
- LCD or Plasma panels falling within the ISO13406-2 cases with the following pixel numbers: n°2 white or n°2 black or n°5 colored sub-pixels.
11.6 The seller's only obligation under this Warranty is to repair or replace the products according to these warranty terms and conditions. The Seller disclaims any liability for losses or damages related to this warranty or other, including economic or intangible losses, the price paid for the product, loss of profits, income, data, enjoyment, or use of the product or other associated products, indirect, incidental, or consequential losses or damages.
11.7 The seller's liability is also excluded for losses or damages arising from:
- Impairment of the operation or malfunction of the product or associated products due to defects or unavailability of spare parts during the stay at the seller or other authorized service center, resulting in downtime, loss of useful time, or interruption of activity.
- Imperfect performance of the product or associated products.
- Damage or loss of programs, files, software, and/or removable data storage media or viruses and other similar causes.
11.8 Notwithstanding the provisions of paragraphs 11.6 and 11.7, if the law prohibits or limits these exclusions of liability, the seller's liability under this warranty shall in no case exceed the price paid for the purchase of the product.
12. COMMUNICATIONS
12.1 Any communication or dispute, unless otherwise specified, must be made via email to the address shop@abitarearreda.it or by registered letter with return receipt to the seller's address ABITARE srl, Via D'Annunzio, 2, San Vito dei Normanni (BR), Italy. In case of urgency and impossibility to communicate via email, it can be done by fax at the number +39 0831.983949.
13. USE OF THE WEBSITE
13.1 The descriptions of the products and the images on the website correspond to what is made available to the seller by its suppliers. The photographs and presentation videos of the products accompanying the descriptive information are published on the website for descriptive purposes, considering that the quality of the images, including an accurate display of color variations, may depend on the software and computer tools used by the customer when viewing them. The seller assumes no responsibility for any problems caused to the customer by the use of the website and the technologies employed, as they are beyond the seller's control.
14. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
14.1 The seller informs that the website, as well as all trademarks and distinctive signs used in connection with the sale of the products offered, are protected by applicable intellectual and industrial property rights, and any reproduction, communication, distribution, publication, alteration, or transformation of them, in any form and for any purpose, is prohibited. The seller reserves the right to take legal action to protect these aspects. The seller assumes no responsibility for trademarks and other distinctive signs that appear on the products marketed on the website, for which the customer acquires no rights as a result of the conclusion of the contract.
15. PRIVACY
15.1 ABITAREARREDA S.r.l. will use the customer's personal data, collected at the time of registration on the website and subsequently communicated at the time of purchase of the product, solely for the purpose of fulfilling the contractual obligations arising from the e-commerce services provided on the website www.abitarearreda.it and in compliance with all current and applicable laws on Privacy and Protection of personal data. Therefore, by accepting these Terms and Conditions of the contract and submitting the purchase order, the customer explicitly consents to the processing of their personal data as specified in the Privacy Policy (https://www.abitarearreda.it/privacy).
15.2 ABITAREARREDA S.r.l. is not the owner and will not use the customer's personal data related to the payment process, for which reference is made to the regulations of the banking institutions through which the transaction takes place.
16. EXCLUSION OF LIABILITY IN CASE OF FORCE MAJEURE
16.1 Under no circumstances shall the seller be held liable for any failure to fulfill any of its obligations arising from these General Sales Conditions in the event that the failure is caused by fortuitous events and/or force majeure, including, purely by way of example, natural disasters, acts of terrorism, network malfunctions and/or blackouts.
17. APPLICABLE LAW, JURISDICTION, AND DISPUTE RESOLUTION
17.1 This sales contract between the Customer and the Seller is governed by Italian law and, in particular, by the Consumer Code and subsequent amendments, as well as by Legislative Decree no. 70/2003 and subsequent amendments.
17.2 For any dispute concerning the General Conditions, the competent court will be the one of the locality indicated by the Customer as their residence or domicile, if located within the territory of Italy.
17.3 In accordance with art. 141-sexies of the Consumer Code and Regulation no. 524/2013, European Customers are informed that in case of a dispute, they can submit a complaint through the European Union's ODR platform, accessible at the following link: http://ec.europa.eu/consumers/odr/ The ODR platform is a point of access for Customers who wish to resolve disputes arising from online sales contracts or services out of court. For this purpose, the Seller's email address is shop@abitarearreda.it
17.4 ABITAREARREDA srl is a member of Consorzio Netcomm and adheres to the Parity Conciliation signed between Netcomm and the Consumer Associations that have subscribed to it.
The Procedure, according to art. 141 ter and following of the Consumer Code, can be initiated if the consumer, after having submitted a complaint to the company, has not received a response within 30 days or has received a response that is not deemed satisfactory.
The customer who decides to use the Parity Conciliation procedure is obliged to submit the request through the form available at the following address: https://www.consorzionetcomm.it/spazio-consumatori/segnalazioni/conciliazione-paritetica/
18. MISCELLANEOUS
18.1 These general conditions of sale define the terms and conditions that apply to the Customer at the time of purchasing products from the website. If the customer requires clarification regarding these conditions, they can directly contact the seller via email at: shop@abitarearreda.it
18.2 The customer is advised to save or print a copy of these general conditions of sale before proceeding with the order submission.
18.3 The regulatory provisions referred to in these general conditions of sale can also be consulted online at the following addresses:
- Consumer Code (Legislative Decree no. 206/2005), in CHAPTER I of Title III Sections II and III, on "Contractual Information for the Consumer and Right of Withdrawal in Distance Contracts and Off-Premises Contracts" (Articles 49 – 67)
- Consumer Code (Legislative Decree no. 206/2005), Section II Distance Contracts (Articles 50 – 67); for withdrawal, refer to Part III, Title III, Chapter I, Section II; for online dispute resolution, refer to Part V, Title II-bis
http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-09-06;206!vig=
http://www.gazzettaufficiale.biz/atti/2014/20140058/sommario.htm - Rules on Electronic Commerce (Legislative Decree no. 70/2003)
http://www.parlamento.it/leggi/deleghe/03070dl.htm - Privacy Protection
http://www.garanteprivacy.it/garante/doc.jsp?ID=722132
For more information about the online dispute resolution procedure, please consult the following sites: