Terms and Conditions
Effective from 1 June 2015 for contracts concluded after that date.
These General Conditions of Sale govern the offer and sale of products through the molaroni.com/shop/collezioni section (“Store”) of the website www.molaroni.com (“Site”).
The products marketed on the Store (“Products”) are offered and sold by MOLARONI 1880 srl, with registered office in Via Luca Della Robbia n. 9/11, 61121 Pesaro (PU) – ITALY, registered in the Pesaro Company Register – REA n° 33545, VAT number 00707220414, owner of the Site, the Store and the CERAMICHE ARTISTICHE MOLARONI brand.
1. SCOPE OF APPLICATION AND NAVIGATION ON THE SITE AND THE STORE
1.1 The offer and sale of Products on the Store constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.
1.2 These General Conditions of Sale apply to all sales made by CERAMICHE ARTISTICHE MOLARONI on the Store.
1.3 The General Conditions of Sale may be modified at any time. Any modifications and/or new conditions will be in force from the moment of their publication on the Site, in the “Terms and Conditions” section. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by parties other than CERAMICHE ARTISTICHE MOLARONI that are present on the Site or the Store via links, banners or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. CERAMICHE ARTISTICHE MOLARONI is not responsible for the provision of services and/or the sale of products by such parties. CERAMICHE ARTISTICHE MOLARONI does not carry out any checks and/or monitoring on the websites that can be consulted via such links. CERAMICHE ARTISTICHE MOLARONI is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by the same.
1.6 The user is required to carefully read these General Conditions of Sale, which CERAMICHE ARTISTICHE MOLARONI makes available in the “Terms and Conditions” section of the Site and which he is permitted to store and reproduce, as well as all other information that CERAMICHE ARTISTICHE MOLARONI provides him on the Store, both before and during the purchase procedure.
1.7 These General Conditions of Sale are applicable in the following countries: Italy .
1.8 The Site allows each user to navigate and, after registration, to make purchases on the Store from any region of the Italian State.
2. PURCHASES ON THE STORE
2.1 The purchase of Products on the Store is permitted only to persons who:
a) have reached 18 years of age;
b) have the status of consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes other than any entrepreneurial, commercial, professional or artisanal activity they may carry out;
c) are registered on the Site, as provided for in the following art. 3.
2.2 The user is allowed to purchase multiple Products with the same order (“Multiple Order”). Under no circumstances will retailers, wholesalers or, in general, anyone who intends to purchase the Products for subsequent resale be able to make purchases on the Store. It is therefore prohibited for these individuals and anyone who is not a consumer to register and make purchases on the Store. The individuals referred to in art. 10.11 will also no longer be able to make purchases on the Store.
2.3 In the event of violation of such prohibitions or in the event of orders, from whomever they may come, which appear anomalous in relation to the quantity of products purchased or the frequency of purchases made, CERAMICHE ARTISTICHE MOLARONI reserves the right to undertake all actions necessary to put an end to the irregularities, including non-acceptance or cancellation of irregular orders or suspension of access to the Store or cancellation of registration on the Site.
2.4 CERAMICHE ARTISTICHE MOLARONI reserves the right to refuse or cancel orders coming from:
a) a user with whom it has an ongoing legal dispute;
b) a user who has previously violated the conditions and/or terms of the purchase contract with CERAMICHE ARTISTICHE MOLARONI;
c) a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;
d) users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent CERAMICHE ARTISTICHE MOLARONI the documents requested by the latter within the procedure referred to in art. 9.4 below or who have sent invalid documents.
3. REGISTRATION ON THE SITE
3.1 The purchase of Products on the Store can only take place after registering on the Site.
3.2 Registration on the Site is free. To register, the user must fill out the appropriate form on the “Login/Register” page by entering name, surname, e-mail address, a password and, after accepting the Privacy Policy, clicking on registration. Successful registration will be confirmed to the user via a specific e-mail (“Site Registration E-Mail”).
3.3 Each user may only register on the Site once.
3.4 Registration on the Site, by opening a personal account called “My Account”, allows the user to:
a) save your shipping and billing addresses;
b) access all information relating to orders and returns;
c) track the status of your order;
d) manage your personal data and update it at any time.
3.5 The registration credentials (email address and password) allow the user to make purchases on the Store.
Therefore, they must be kept with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. The user also undertakes to immediately inform CERAMICHE ARTISTICHE MOLARONI in the event that he suspects or becomes aware of an improper use or improper disclosure of the same.
3.6 The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold CERAMICHE ARTISTICHE MOLARONI harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of the registration credentials.
3.7 Registration on the Site constitutes acceptance of these General Conditions of Sale.
4. INFORMATION REQUIRED FOR THE CONCLUSION OF THE CONTRACT
4.1 In compliance with Legislative Decree 9 April 2003, n.70 containing provisions on electronic commerce, CERAMICHE ARTISTICHE MOLARONI informs the user that:
a) to conclude the purchase contract for one or more Products on the Store, the user must fill out an order form in electronic format and send it to CERAMICHE ARTISTICHE MOLARONI, electronically, following the instructions that will appear from time to time;
b) the contract is concluded when the order form reaches the CERAMICHE ARTISTICHE MOLARONI server;
c) before proceeding with the transmission of the order form, the user may identify and correct any data entry errors by following the instructions on the Store;
d) once the order form has been registered and confirmation of the validity of the payment method used has been received, without prejudice to the provisions of art. 9.3 and subsequent sub-paragraphs, CERAMICHE ARTISTICHE MOLARONI will send the user an order confirmation (“Order Confirmation E-Mail”) to the email address indicated, containing: the order number, information on the essential characteristics of the purchased Product, detailed information on the price, the payment method used, delivery costs and any additional costs, as well as a link to information on the right of withdrawal and the General Conditions of Sale; the General Conditions of Sale applicable to the order, the instructions on withdrawal and the Withdrawal Form referred to in art. 11 below will be available for consultation via a link in the email;
e) the order form will be stored in the CERAMICHE ARTISTICHE MOLARONI database for the time necessary to execute it and, in any case, within the terms of the law. To access your order, the user can consult the section of the Site “My account” – Recent orders.
4.2 The languages available to the user for the conclusion of the contract are Italian and English .
5. PRODUCT AVAILABILITY
5.1 The Products offered on the Store, at the time the user places an order, represent a selection of the catalogue of furnishing accessories and gift items (such as, by way of example only: amphorae, plates, lamps, tableware, small objects, items for special occasions and sacred art objects) branded CERAMICHE ARTISTICHE MOLARONI.
As hand-made artistic objects, the quantities available for each Product are variable and can be consulted in the “Cart” section – See Cart – Quantities. Here the user can increase or decrease the requested quantities of each Product placed in the Cart. In the event of larger quantities desired, the user is invited to contact CERAMICHE ARTISTICHE MOLARONI through the methods set out in art. 15 of these Conditions.
It is also possible to order and purchase Products made specifically at the user's request: these orders, referred to in art. 5.9, are managed through direct contact and not through the Store.
5.2 The availability of the Products is continuously monitored and updated. However, since the Store can be visited by multiple users at the same time, it may happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product may appear, for a short period of time, available, while it is instead out of stock or not immediately available, being necessary to wait for the restocking.
5.3 Single products not available. If the Product is unavailable for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to the other rights granted to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, CERAMICHE ARTISTICHE MOLARONI will immediately notify the user by e-mail (“E-Mail Notice of Product Unavailable and Delivery Delay”). The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code.
Alternatively, and without prejudice to this right, the user may accept one of the following proposals from CERAMICHE ARTISTICHE MOLARONI:
a) if it is possible to restock the Product: an extension of the delivery terms, with CERAMICHE ARTISTICHE MOLARONI indicating the new delivery term for the restocked Product;
b) if it is not possible to restock the Product: the supply of a different product, of equivalent or higher value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.
The user's choice must be promptly communicated to CERAMICHE ARTISTICHE MOLARONI, by e-mail, to the address indicated in art. 15 below.
5.4 Right of termination for Single Order. In the event that the user exercises the right of termination pursuant to art. 61, paragraphs IV and V, of the Consumer Code, and the payment of the Total Amount Due – consisting of the price of the Product, delivery costs, if applicable, and any other additional costs, as resulting from the order (“Total Amount Due”) – has already occurred, CERAMICHE ARTISTICHE MOLARONI will refund the Total Amount Due without undue delay and, in any case, within 15 working days from the sending of the order. The refund amount will be communicated to the user via e-mail (“Recredit Notice E-Mail”) and credited to the same payment method used by the user for the purchase. In the event of payment by bank transfer, CERAMICHE ARTISTICHE MOLARONI will ask the user for the bank details necessary to make the refund. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the amount credited back will be the same as the debit.
5.5 Multiple Order with Unavailable Products. In the case of a Multiple Order, if the subsequent unavailability concerns only some of the Products in the Multiple Order – without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of articles 5.3 and 5.4 above, if the subsequent unavailability concerns all the Products in the order – CERAMICHE ARTISTICHE MOLARONI will immediately notify the user by e-mail. The user will therefore be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. Alternatively and without prejudice to this right, the user may accept one of the following proposals from CERAMICHE ARTISTICHE MOLARONI:
a) if it is possible to restock the Product and/or Products which are the subject of the Multiple Order and which have become unavailable: an extension of the delivery terms relating to such Products, with an indication of the new delivery term for the same;
b) if it is not possible to restock the Product and/or Products which are the subject of the Multiple Order and which have become unavailable: the supply, in replacement of the Product/s which are the subject of the Multiple Order and which have become unavailable, of different products of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to the express acceptance of the user.
The user's choice must be promptly communicated to CERAMICHE ARTISTICHE MOLARONI by email, to the address indicated in art. 15 below.
5.6 Right of termination for Multiple Orders. In the event that the user exercises the right of termination pursuant to art. 61, paragraphs IV and V, Consumer Code, the purchase contract for the Product(s) subject to the Multiple Order that have become unavailable will be partially terminated, limited to such Product(s), with consequent refund, if already paid, of the amount due in relation to such Products and any other additional costs due specifically in relation to such Products (“Partial Amount Due”). The termination of the entire Multiple Order will be possible only in the event of evident and proven accessory nature of the Product(s) subject to the Multiple Order that have become unavailable with respect to the other available Products subject to the Multiple Order. The Partial Amount Due to the user in relation to the Product(s) that have become unavailable will be refunded without undue delay and, in any case, within 15 working days of sending the order. The refund amount will be communicated to the user via email and credited to the same payment method used by the user for the purchase. In the case of payment by bank transfer, CERAMICHE ARTISTICHE MOLARONI will ask the user for the bank details necessary to make the refund. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date of the re-credited amount will be the same as the debit.
5.7 Pre-Order Product Orders. Without prejudice to the provisions of Articles 5.2, 5.3 and 5.4 above, CERAMICHE ARTISTICHE MOLARONI reserves the right to offer the user the possibility of purchasing Products from new collections in advance, before they are made. Products that can be purchased before they are made will be identified by the wording “Pre-order” (“Pre-Order Products”); the date from which the Pre-Order Product will become available will be indicated in the Product Sheet of each Pre-Order Product, as well as during the purchase process and, in any case, before the user is bound by the purchase contract for the Pre-Order Product. The Pre-Order Products may be purchased and paid for by the user using the same methods as those set out in these Conditions; once the relevant purchase contract has been concluded, the user will receive an order confirmation email, having the requirements set out in Article 4.1 d).
The actual charge of the Total Amount Due for Pre-Order Products will be made at the time the Pre-Order Product is ordered.
Those who purchase a Pre-Order Product will be notified by email of the new availability and concurrent shipment of the purchased Pre-Order Product (“Availability and Shipping Confirmation Email”). Unless otherwise specified during the purchase process, Pre-Order Products will therefore be delivered within the delivery time indicated in the Product Sheet.
In the event that the Pre-Order Product is not produced or in cases of failed or delayed delivery, the provisions of art. 10.12 below shall apply. All other provisions of these Conditions shall also apply, where compatible.
5.8 Back-Order Products. Without prejudice to the provisions of Articles 5.2, 5.3 and 5.4 above, CERAMICHE ARTISTICHE MOLARONI reserves the right to offer for sale Products which, even if not available at the time they are inserted into the Store's electronic catalogue (for example, because they are awaiting restocking), can still be selected by the user for purchase. Such Products will be identified by the wording “Back-Order” (“Back-Order Products”). The date from which the Back-Order Product will become available again will be indicated in the Product Sheet of each Back-Order Product, as well as during the purchase process and, in any case, before the user is bound by the purchase contract of the Back-Order Product. Once the relevant purchase contract has been concluded, the user will receive an order confirmation email, having the requirements set out in Article 4.1 d).
Back-Order Products may be purchased and paid for by the user using the same methods as those set out in these Conditions; the actual debit of the Total Amount Due relating to the Back-Order Products will take place in accordance with the provisions of the second paragraph of art. 5.7 above.
Those who purchase a Back-Order Product will be notified by email of the new availability and contextual shipment of the purchased Back-Order Product (“Availability and Shipment Confirmation Email”). Unless otherwise specified during the purchase process, the Back-Order Products will therefore be delivered within the delivery deadline indicated in the Product Sheet. In the event that the Back-Order Product does not become available again or in cases of failed or delayed delivery, the provisions of art. 10.12 below will apply. All other provisions of these Conditions will also apply, where compatible.
5.9 Ad Hoc Products. CERAMICHE ARTISTICHE MOLARONI reserves the right to offer the user an ad hoc production service: it is in fact possible to create, upon specific request of the user, objects that combine shapes and decorations differently from the selection proposed on the Store or to customize the painted subject. This type of work will be carried out starting from the production of the object itself and following the normal "hot" production procedure (painting covered with crystalline and brought to a high temperature to guarantee its durability and resistance over time, classic of majolica).
These Products are not included in the Store's electronic catalogue and requests are managed manually on a case-by-case basis: the user who intends to purchase an ad hoc Product must therefore complete the Customisable Objects Request Form (available in the section of the Site “Custom Objects” or by clicking on the Customizable Objects icon on the Collections page or in the Product Sheet) or send an email to info@ceramicheartistichemolaroni.com, requesting, also through the use of drawings or photographs, the desired Product in the most complete way possible.
CERAMICHE ARTISTICHE MOLARONI will carry out a feasibility assessment and an estimate of the required workmanship as soon as possible, with the timescales necessary for production.
Once the processing has been agreed with the user, who must accept CERAMICHE ARTISTICHE MOLARONI's proposal in writing, CERAMICHE ARTISTICHE MOLARONI will send the user an order summary email ("Ad Hoc Product Order Summary Email"), containing all the requirements set out in art. 4.1 d), in addition to the expected shipping date and the instructions for proceeding with payment by bank transfer.
Ad Hoc Products can only be purchased by the user by bank transfer: the order process is completed correctly by carrying out the bank transfer operation (inserting as the reason for payment “Name and Surname of the order holder and order number” reported in the Ad Hoc Product Order Summary email) within four working days of receiving the Order Summary email.
When the ad Hoc Product becomes available, CERAMICHE ARTISTICHE MOLARONI will notify the user of the completion of the processing phase and subsequent shipping (always free of charge) via email ("Availability and Shipping Confirmation Email").
In the event that the ad hoc Product is not produced or in cases of failed or delayed delivery, the provisions of article 10.12 below will apply. Pursuant to art. 59 of Legislative Decree no. 21 of 21 February 2014, the provisions regarding withdrawal, as per art. 11.11 of these Conditions, do not apply. All other provisions of these General Conditions of Sale also apply, where compatible.
It is also possible to personalize all CERAMICHE ARTISTICHE MOLARONI objects, including those present in the Store (the latter only with an express written request received by email, to the address in art. 15 below, within 24 hours of receiving the order confirmation) with initials, names, dedications. This type of work will be performed "cold" (painting carried out without subsequent high-temperature re-firing of the object. These processes are long-lasting, but must not be subjected to the action of acids or alcohol present in household cleaning products or repeated friction) and shipping will be delayed only by the technical time necessary to carry out the customization.
6. PRODUCT INFORMATION
All our products are entirely made of majolica and hand painted with artisan methods, guaranteeing both limited numerical and qualitative reproducibility. Each object, as a work of art, is unique and unrepeatable.
Each Product is accompanied by an information sheet that illustrates its main characteristics (“Product Sheet”). The images and descriptions on the Store reproduce the characteristics of the Products as faithfully as possible. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or the computer used by the user to view them. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the usual tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will be valid.
It should also be added that CERAMICHE ARTISTICHE MOLARONI objects are produced entirely by hand and therefore small imperfections in shape and painting are to be considered absolutely normal.
7. PRICES
7.1 All Product prices published on the Store are expressed in Euros (€) and include Value Added Tax (VAT).
7.2 CERAMICHE ARTISTICHE MOLARONI reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the user will be the one indicated on the Store at the time the order is placed and that any variations (increases or decreases) subsequent to the transmission of the same will not be taken into account.
7.3 In the event that a Product is offered on the Store at a discounted price, the full reference price on which the discount is calculated will be indicated in the Product Sheet. It is understood that the offer of Products at discounted prices will be made only if the full reference price of the Product corresponds to the actual market price of the same.
8. PURCHASE ORDERS
8.1 The Products will remain the property of CERAMICHE ARTISTICHE MOLARONI until the Total Amount Due has been paid by the user. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, without prejudice to the provisions of art. 9.3. The user will be notified by e-mail of the termination of the contract and the consequent cancellation and deletion of the order (“Order Cancellation E-Mail”).
8.2 CERAMICHE ARTISTICHE MOLARONI will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due by the user, within 5 working days. The risk of loss or damage to the Products for reasons not attributable to CERAMICHE ARTISTICHE MOLARONI, however, will be transferred to the user, when the latter, or a third party designated by the user and other than the carrier, physically takes possession of the Products.
8.3 Product Replacement. In the event that, following the purchase of a Product and its receipt by the user, the latter wishes to replace it – without prejudice to the rights that the user may enjoy under the law, and, in particular, under articles 11 and 12 of these Conditions – the replacement will be possible exclusively within 14 days from the date on which the purchased Product was delivered to the user, after having notified CERAMICHE ARTISTICHE MOLARONI by email of the desire to return and replace the item and provided that:
a) the returned Product is intact, complete with any accessories, information sheets and inserted in its original packaging, together with a copy of the purchase invoice and the return form (which can be filled in in the “Returns” section of the Site) filled in in all its parts;
b) the Product requested by the user to replace the one purchased is available at CERAMICHE ARTISTICHE MOLARONI.
To carry out the return and replacement referred to in the preceding paragraph, the user must follow the procedure referred to in art. 11 of these Conditions and which can be consulted in the section “Returns Procedure” of the Site.
Where CERAMICHE ARTISTICHE MOLARONI has verified that the replacement procedure referred to in this article 8.3 has been correctly followed by the user, it will:
aa) without undue delay, and in any case within 5 working days from the moment it receives the package containing the Product being returned, to re-credit the user with the Total Amount Due (excluding delivery costs, if applicable, and any other additional costs, as resulting from the order in addition to the return costs) paid by the user in relation to the returned Product, subject to the successful outcome of the check for any damage resulting from handling of the Product other than that of normal diligence. The re-credit will be made on the same payment method used for the initial purchase and the user will be sent an e-mail confirming the refund (“Re-Credit Notice E-Mail”);
bb) at the time the Product requested as a replacement is shipped by CERAMICHE ARTISTICHE MOLARONI to the user, to charge the latter the price of such Product (regardless of whether it is equal to, lower than or higher than that of the Product initially purchased) on the same payment method used for the initial purchase. At the time of shipment, a shipment confirmation email will also be sent to the user (“Availability and Shipment Confirmation Email”);
cc) once the package containing the Product that the user wishes to replace has been received, to send the user the chosen replacement Product, within the delivery terms and with the effective date indicated in the instructions referred to in art. 8.3, above.
9. PAYMENT METHODS
9.1 Payment for the Products purchased on the Store can be made via credit card , through the payment solution PayPal or through bank transfer . The credit cards accepted by CERAMICHE ARTISTICHE MOLARONI are specifically indicated at the beginning of the purchase procedure. If one of the payment methods cannot be used in relation to a specific Product, this will be clearly indicated on the Store, at the latest at the beginning of the purchase procedure.
In the event of a Product exchange at the user's request, as regulated in art. 8.3 above, CERAMICHE ARTISTICHE MOLARONI will proceed with the crediting and debiting operations described in art. 8.3, par. aa) and bb) above.
9.2 In the case of payment by credit card, CERAMICHE ARTISTICHE MOLARONI will charge the Total Amount Due at the time the order is sent.
9.3 If the user is unable to complete payment for his/her order by credit card (e.g. negative outcome of the procedure to verify the validity of the card and/or the absence of blocks; lack of funds on the account supporting the card; reaching the maximum spending limit, etc.) or PayPal and if CERAMICHE ARTISTICHE MOLARONI decides not to proceed with the termination of the contract pursuant to and for the purposes of art. 1456 of the Civil Code, the order placed by the user will be suspended and CERAMICHE ARTISTICHE MOLARONI will contact the user to propose another payment method (bank transfer).
9.3.1 In the event that the user agrees to pay by bank transfer, CERAMICHE ARTISTICHE MOLARONI will send him an e-mail containing the bank details necessary to make the transfer (“E-Mail Bank Details”).
9.3.2 Payment for the Products by bank transfer must be made no later than four working days from the date of receipt of the email referred to in art. 9.3.1. If this period elapses without result, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code. Termination of the contract, of which the user will be notified by email (“Order Cancellation Email”), will result in cancellation of the order and reimbursement of the Total Amount Due, if paid late. Where compatible, art. 5.4 above applies.
9.3.3 In the case of payment by bank transfer, the delivery times of the Product will start from the date of receipt of the transfer by CERAMICHE ARTISTICHE MOLARONI. To facilitate the connection between the payment received by bank transfer and the order, the user is asked to indicate in the reason for the bank transfer:
– the order number;
– the name and surname of the person in whose name the order is placed, if different from those of the holder of the current account from which the transfer originates.
The user is advised to promptly send CERAMICHE ARTISTICHE MOLARONI, via email, the receipt of the bank transfer.
9.4 In order to guarantee the security of payments made on the Store and prevent any fraud, CERAMICHE ARTISTICHE MOLARONI reserves the right to ask the user, via email, to send, via the same means, a copy of the front and back of his/her valid identity card, and, in the event that the holder of the order is different from the holder of the card, of the identity card of the latter. The request email will specify the deadline by which the document must reach CERAMICHE ARTISTICHE MOLARONI. This deadline will not, in any case, exceed 5 working days from receipt of the request by the user. The order will be suspended while waiting for the requested document. The user is required to send the requested documents within the indicated deadline.
In the event that CERAMICHE ARTISTICHE MOLARONI does not receive such documents within the time specified in the request email or receives expired or invalid documents, the contract will be considered terminated by operation of law pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the order will consequently be cancelled, without prejudice to the right of CERAMICHE ARTISTICHE MOLARONI to compensation for any damages it may incur due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified by email, no later than 5 days after the deadline for sending the documents requested by CERAMICHE ARTISTICHE MOLARONI, will result in the cancellation of the order and the refund of the Total Amount Due possibly already paid by the user, with application of the refund methods set out in art. 5.4, where compatible. In the event that CERAMICHE ARTISTICHE MOLARONI receives valid documentation within the indicated time frame, the delivery terms applicable to the Product will run from the date of receipt of the same.
9.5 CERAMICHE ARTISTICHE MOLARONI uses the secure payment service of Banca Sella which uses the SSL protocol. The confidential credit card data (card number, start date, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the CERAMICHE ARTISTICHE MOLARONI servers. CERAMICHE ARTISTICHE MOLARONI therefore never has access to and does not store the credit card data used by the user to pay for the Products, except, limited to the data relating to the cardholder, the case provided for in art. 9.4 above.
9.6 In the case of payment via PayPal, the user will be redirected to the website www.paypal.com where he/she will pay for the Products according to the procedure provided and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with CERAMICHE ARTISTICHE MOLARONI. CERAMICHE ARTISTICHE MOLARONI is therefore not able to know and does not store in any way the data of the credit card connected to the user's PayPal account or the data of any other payment instrument connected to that account.
9.7 In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the user at the same time as the conclusion of the online contract. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the reimbursement due to the user (“Refund Amount”) will be credited to the user’s PayPal account. The times for crediting the payment instrument linked to such account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of such account, CERAMICHE ARTISTICHE MOLARONI cannot be held responsible for any delays or omissions in crediting the user with the Refund Amount, for which the user must contact PayPal directly.
9.8 In any case, the commercial invoice will be issued at the time of shipment and will be sent by email to the user (“E-Mail Invoice”), to the address he has registered.
10. DELIVERY OF PRODUCTS
10.1 The delivery of the Products purchased on the Store is made to the shipping address indicated by the user in the order form. However, delivery can only be made within the borders of the Italian State.
10.2 The user is therefore obliged to enter a shipping address within the borders of the Italian State in the order form. Orders containing the indication of a shipping address outside these borders will be cancelled pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the Total Amount Due will be refunded, if already paid, in the manner and within the terms set out in art. 5.4 above, to the extent compatible.
10.3 Furthermore, delivery cannot be made in the locations of Livigno, Campione d'Italia, the Republic of San Marino and the Vatican City, nor to PO boxes or post office delivery points. In the event that the shipping address is a PO box or post office delivery point or in one of the locations indicated, CERAMICHE ARTISTICHE MOLARONI will proceed to terminate the contract pursuant to and for the purposes of art. 1456 of the Civil Code and to reimburse the Total Amount Due, if already paid, in the manner and within the terms set out in art. 5.4 above.
10.4 The shipping costs of the Products, which may vary in relation to the size of the item or the shipping method chosen by the user, and any other additional costs are the responsibility of the user, unless otherwise indicated in the Product Sheet or in other parts where it is communicated. Their amount will be expressly and separately indicated (in Euros and including VAT) in the order summary and, in any case, before the user proceeds to transmit the order, as well as in the order confirmation email. For single or multiple orders, over €150 including VAT, shipping costs are free for the user.
If it is necessary to proceed with the reimbursement of delivery costs with reference to the case of withdrawal from a Multiple Order referred to in art. 11 below, CERAMICHE ARTISTICHE MOLARONI will reimburse the cost of such costs only if the user intends to withdraw from the entire Multiple Order; in this case, the cost will be reimbursed in full. Otherwise, the reimbursement will not take place, considering the fact that the delivery costs incurred by the user (which CERAMICHE ARTISTICHE MOLARONI always calculates in a fixed amount, regardless of the number of Products ordered) are attributable to the delivery of other Products, other than those for which the user has exercised the withdrawal, forming part of the Multiple Order.
However, if the refund of delivery costs is due to the unavailability of one of the Products included in the Multiple Order, as regulated by articles 5.5 and 5.6, or to one of the cases of non-fulfilment by CERAMICHE ARTISTICHE MOLARONI referred to in art. 10.13, CERAMICHE ARTISTICHE MOLARONI will refund the user the delivery costs in the following way:
a) if the user has chosen the standard delivery method, crediting the user with an amount equal to 5.00 euros for each unavailable/non-fulfilled Product by CERAMICHE ARTISTICHE MOLARONI, or, at the user's choice, recognising him, through the sending of a promotional code, a purchase voucher to be spent on the Store, of an amount equal to the full value of the delivery costs paid by the user;
b) if the user, where available, has chosen a delivery method other than the standard one (e.g. express delivery, insured delivery, etc.), crediting the user with an amount equal to 10.00 euros for each unavailable/non-fulfilled Product by CERAMICHE ARTISTICHE MOLARONI, or, at the user's choice, recognising him, through the sending of a promotional code, a purchase voucher to be spent on the Store, of an amount equal to the full value of the delivery costs paid by the user.
In none of the cases described above, the amount of delivery costs to be refunded may exceed the amount of the costs actually paid by the user for delivery. The user's choice between the options indicated in art. 10.4 a) or art. 10.4 b) must be promptly communicated to CERAMICHE ARTISTICHE MOLARONI by email to the address indicated in art. 15 below. Where the user has opted for the crediting of the amount indicated in art. 10.4 a) or art. 10.4 b), it will occur in the manner indicated in art. 10.16.
10.5 Delivery terms start from the receipt of the order confirmation email, without prejudice to the provisions of art. 9.3.3. Shipments, made within Italy as indicated in art. 10.1, 10.2 and 10.3 via UPS, usually require two or three working days to be delivered.
During national holiday periods, delivery dates will be expressly indicated in the Store or in the Product Sheet.
In the event of failure to indicate a delivery term, it will, in any case, take place within thirty days from the date of conclusion of the contract. Delivery terms are calculated considering only working days and therefore excluding Saturdays, Sundays and holidays.
10.6 At the time of shipment, i.e. delivery of the Products to the carrier, an email will be sent to the user confirming shipment.
10.7 Deliveries will be made by UPS courier, from Monday to Friday during normal office hours, excluding national holidays. CERAMICHE ARTISTICHE MOLARONI reserves the right to use other carriers and/or different delivery methods.
10.8 The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user.
10.9 It is the user's responsibility to check the condition of the Product delivered to them. Without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to CERAMICHE ARTISTICHE MOLARONI, is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products, the user is advised to check the integrity of the packaging and the number of Products received and is invited, where possible, to indicate any anomalies on the carrier's transport document. In the event that the packaging shows obvious signs of tampering or alteration, the user is advised to promptly notify CERAMICHE ARTISTICHE MOLARONI. The application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.
10.10 Product Withdrawal. The user acknowledges that the collection of the Product is a specific obligation deriving from the purchase contract. In the event of failed delivery due to the recipient's absence at the address specified in the order form, the courier will pass by for three consecutive days and will leave a notice of passage at the recipient's address containing the number to call to arrange further access for delivery, which must in any case take place within 10 working days following the day on which the first delivery attempt was made. If it was not possible to make the delivery, for reasons not attributable to the courier, or if it was unsuccessful, the package will go "in storage". CERAMICHE ARTISTICHE MOLARONI will then send an email to the user in order to release the storage and ensure that the package is delivered as soon as possible. If necessary, CERAMICHE ARTISTICHE MOLARONI may agree with the user to change the shipping address. The user is aware and accepts that, for certain cities and/or areas, in the event of the recipient's absence at the address specified in the order form, it is not possible, for reasons beyond the control of CERAMICHE ARTISTICHE MOLARONI and the courier used, to follow the procedure just described; in such cases, the procedure will be as follows: the courier, after leaving a notice of passage to notify the user that the package has been stored, will deposit the package at an agreed collection point, whose postal address and related contact details and opening hours are specified on the notice. The user will then have 10 working days to collect the package at the collection point indicated. The user is invited, before completing the order, to contact the courier used by CERAMICHE ARTISTICHE MOLARONI, at the following number: +39.02.30303039 (cost of the call based on the local rate plus any cost of the call from a mobile phone), to find out what procedure is followed by the courier in the absence of the recipient in the specific area in which the user intends to have the Product delivered.
If:
a) the attempt to contact Customer Service is unsuccessful or the user does not respond;
b) in cases where the procedure is followed due to the recipient's absence with the parcel being stored at the agreed collection point, the user fails to collect the parcel from the agreed collection point within the time limit;
c) it was not possible to deliver the package to the user as provided above, for reasons not attributable to CERAMICHE ARTISTICHE MOLARONI and/or the courier used by it;
the Product will be returned to CERAMICHE ARTISTICHE MOLARONI. In any case, after 30 working days from the first delivery attempt, the contract will be considered terminated and the purchase order, pursuant to art. 1456 of the Civil Code, consequently cancelled.
CERAMICHE ARTISTICHE MOLARONI will then proceed, within 15 working days following the termination of the contract, to refund the Total Amount Due paid by the user, minus the costs of the unsuccessful delivery of the Product, the costs of returning the Product to CERAMICHE ARTISTICHE MOLARONI and any other costs incurred due to the failed delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated to the user by email. The refund will be credited to the same payment method used by the user for the purchase. If the user made the payment by bank transfer, CERAMICHE ARTISTICHE MOLARONI will ask the user for the bank details necessary to make the refund. Any delays in crediting may depend on the banking institution, the type of credit card or the payment solution used. In any case, the value date of the amount credited back will be the same as the debit.
In the event that, before the expiry of the thirty-day period, the user requests to receive the Product again, CERAMICHE ARTISTICHE MOLARONI will proceed with the new delivery after charging, in addition to the costs of the same, the costs of returning the Product to CERAMICHE ARTISTICHE MOLARONI and the storage costs.
10.11 Those who have not collected the package more than twice cannot make purchases on the Store. In the event that such individuals place orders in violation of this provision, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, the purchase contract may be considered terminated by law. The termination of the contract will be communicated to the user via email and the user will be refunded the Total Amount Due in the manner and terms set out in art. 10.10 above.
10.12 Late Delivery Single Product. In the event that the purchased Product is not delivered or is delivered late with respect to the indicated delivery terms, the user, pursuant to art. 61 of the Consumer Code, invites CERAMICHE ARTISTICHE MOLARONI to make the delivery within an additional term appropriate to the circumstances (“Additional Term pursuant to art. 61, co. III, Consumer Code”). If this additional term expires without the Products having been delivered, the user is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, co. III, Consumer Code”), without prejudice to the right to compensation for damages.
The user is not burdened with the obligation to grant CERAMICHE ARTISTICHE MOLARONI the Additional Term pursuant to art. 61, paragraph III, Consumer Code (“Excluded Cases”) if:
a) CERAMICHE ARTISTICHE MOLARONI has expressly refused to deliver the Products;
b) compliance with the delivery deadline indicated during the purchase process must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed CERAMICHE ARTISTICHE MOLARONI, prior to the conclusion of the contract, that delivery within or on a specific date is essential.
In the Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, he is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in the Excluded Cases”).
The indication of the Additional Term pursuant to art. 61, co. III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, co. III, Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the user to CERAMICHE ARTISTICHE MOLARONI at the addresses indicated in art. 15 below.
In the event of Termination of the Contract pursuant to art. 61, co. III, Consumer Code or Termination in the Excluded Cases, CERAMICHE ARTISTICHE MOLARONI will refund the user the Total Amount Due without undue delay. The refund will take place in accordance with the procedures set out in art. 10.16 below.
In the event that the user does not proceed with the establishment of the Additional Term pursuant to art. 61, co. III, Consumer Code or, if the conditions are met, with the Termination of the Contract pursuant to art. 61, co. III, Consumer Code or with the Termination of the Contract in the Excluded Cases, without prejudice to the possibility for the user to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, CERAMICHE ARTISTICHE MOLARONI undertakes to:
aa) promptly inform the user by email of the delay in delivery (“E-Mail Notice of Product Unavailable and Delivery Delay”), indicating at the same time the new delivery date, if available (“New Delivery Date”);
bb) in the event of delivery with a delay of between 1 and 10 working days with respect to the New Delivery Term, reimburse the user for the delivery costs, if already paid, within 10 working days from the expiry of the New Delivery Term or not request payment, if not yet paid;
cc) in the event of delivery with a delay of between 11 and 20 working days with respect to the New Delivery Term, allow the user who so requests to refuse delivery and to terminate the contract, with consequent reimbursement of the Total Amount Due, if already paid, immediately and, in any case, within 10 working days of the request to terminate the contract or, alternatively, if the user does not wish to terminate the contract, reimburse the user for the delivery costs, if already paid, within 10 working days of the request or not request payment, if not yet paid;
dd) in the event of a delay in delivery exceeding 20 working days with respect to the New Delivery Term or, in any case, 60 days with respect to the original delivery term, offer the user, in addition to what is provided for in art. 10.12 cc) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to the express consent of the user.
10.13 Late Delivery Multiple Order. In the case of Multiple Orders that have as their object Products that must be delivered separately, the provision of art. 10.12 above will apply independently to each delivery. With respect to each delivery and therefore, limited to the Products that are the object of the same, the user may proceed to set the Additional Term pursuant to art. 61, co. III, Consumer Code and to the Resolution pursuant to art. 61, co. III, Consumer Code or to the Resolution in the Excluded Cases, if the relevant conditions are met. In this case, CERAMICHE ARTISTICHE MOLARONI will reimburse the user for the Partial Amount Due without undue delay. The reimbursement will take place in accordance with the methods set out in art. 10.16 below.
In the event that the user does not proceed with the establishment of the Additional Term pursuant to art. 61, co. III, Consumer Code or, if the conditions are met, with the Termination of the Contract pursuant to art. 61, co. III, Consumer Code or with the Termination of the Contract in the Excluded Cases, in relation to the individual delivery and the related Products, without prejudice to the possibility for the user to avail himself at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, CERAMICHE ARTISTICHE MOLARONI undertakes to:
a) promptly send the user the Email Notification of Product Unavailability and Delivery Delay, indicating at the same time the New Delivery Date, if available;
b) in the event of delivery of one of the Products subject to the Multiple Order with a delay of between 1 and 10 working days with respect to the New Delivery Term, reimburse the user for the delivery costs, if already paid, calculated as indicated in art. 10.4 above, within ten working days from the expiry of the New Delivery Term or not request payment, if not yet paid;
c) in the event of delivery of one of the Products subject to the Multiple Order with a delay of between 11 and 20 working days with respect to the New Delivery Term, allow the user who so requests to refuse delivery and partially terminate the contract limited to and with exclusive reference to the Product subject to the Multiple Order delivered late, with consequent reimbursement - immediately and, in any case, within 10 working days of the request for partial termination of the contract - only of the amount paid by the user in relation to that specific Product, including delivery costs, calculated as indicated in art. 10.4 above, or, alternatively, if the user does not wish to partially terminate the contract, reimburse the user - within ten working days of the request - the delivery costs, if already paid, calculated as indicated in art. 10.4 above or not request payment, if not yet paid. The resolution of the entire Multiple Order will be possible only in the case of evident and proven accessoriness of the Products subject to the Multiple Order delivered late or not delivered with respect to the other Products subject to the Multiple Order delivered promptly or still to be delivered;
d) in the event of a delay in the delivery of one of the Products subject to the Multiple Order exceeding 20 working days with respect to the New Delivery Term or, in any case, 60 days with respect to the original delivery term, offer the user, in addition to what is provided for in art. 10.13 c) above, the supply of a different Product of equivalent or higher value, subject to payment, in the latter case, of the difference and subject to the express consent of the user.
10.14 In the event of failure to send the Email Notification of Product Unavailability and Delivery Delay or failure to set the New Delivery Term in the same, all the terms referred to in articles 10.12 bb), cc) and dd) and 10.13 b), c) and d) above will run from the original delivery term.
10.15 Acceptance of the New Delivery Term and in the cases referred to in articles 10.12 cc) and dd) and 10.13 c) and d) the user's choice must be promptly communicated to CERAMICHE ARTISTICHE MOLARONI by e-mail to the address referred to in article 15 below.
10.16 In all cases referred to in articles 10.12 and 10.13 above where a refund is due to the user, the refund amount will be communicated to the user by email. It will be credited to the same payment method used by the user for the purchase. In the case of payment by bank transfer, CERAMICHE ARTISTICHE MOLARONI will ask the user for the bank details necessary to make the refund. Any delays may depend on the banking institution, the type of credit card used or the payment solution used. In any case, the value date of the refunded amount will be the same as the debit.
11. RIGHT OF WITHDRAWAL
11.1 Terms. The user who has the quality of consumer has the right to withdraw from the purchase contract of the Product, without having to provide any reason and without having to bear costs other than those provided for in art. 11.7 below, within the term of 14 calendar days.
The withdrawal period (“Withdrawal Period”) expires after 14 days:
a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product.
11.2 How to exercise the right of withdrawal. To exercise the right of withdrawal, the user must inform CERAMICHE ARTISTICHE MOLARONI, before the expiry of the Withdrawal Period, of his decision to withdraw.
11.3 How to submit the request. To this end, the user can:
a) use the withdrawal form made available to you on the Site, in the “Returns” section (“Withdrawal Form”);
b) or submit any other explicit declaration of your decision to withdraw from the contract (“Withdrawal Declaration”).
11.4 The user has exercised his right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the Withdrawal Period. In the event that the user makes use of the Withdrawal Declaration, the consumer is invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on the user, it is in the user's interest to use a durable medium when communicating his withdrawal to CERAMICHE ARTISTICHE MOLARONI.
11.5 Return of Products. The user must therefore return the Products to CERAMICHE ARTISTICHE MOLARONI, without undue delay and in any case within 14 calendar days from the date on which he communicated to CERAMICHE ARTISTICHE MOLARONI his decision to withdraw. The deadline is respected if the user sends back the Products before the expiry of the fourteen-day period. For the return, the user must follow the procedure indicated in art. 11.6 below, as well as follow the instructions on withdrawal, which also contain information on exercising the right of withdrawal, and are made available to the user in the "Returns" section of the Site.
For the purposes of the return deadline, the Product is considered returned when it is delivered to the courier appointed by CERAMICHE ARTISTICHE MOLARONI according to the procedure referred to in art. 11.6 (for the purposes of proof, the collection date is valid).
11.6 Returns Procedure. After completing the Withdrawal Form (found in the section “Returns Procedure” of the Site) and agreed by email with CERAMICHE ARTISTICHE MOLARONI the date and place of collection of the package, within the term indicated in art. 11.5 above, the user must return the Product, appropriately protected and packaged with the original packaging, via the UPS courier, attaching the return request made via the Withdrawal Form to the packaging of the Product to be returned. CERAMICHE ARTISTICHE MOLARONI will then take care of organizing with the courier the collection of the goods at the address provided by the user. The return takes place under the responsibility of CERAMICHE ARTISTICHE MOLARONI.
The user will therefore not bear the risks of loss or damage to the Product during shipping, while any damage and/or breakage due to handling other than normal diligence, carried out before returning it to the courier, remains under his/her complete responsibility.
The costs of returning the Product (variable depending on the size of the object) will remain the responsibility of the user and will be withheld, pursuant to art. 11.7, from the value of the refund of the Total Amount Due.
The user (without prejudice to the obligation to communicate to CERAMICHE ARTISTICHE MOLARONI the intention to withdraw from the contract and to complete the Withdrawal Form, referred to above) is in any case free to use any other carrier to carry out the return, independently organizing with the latter the collection and preparation of the documents necessary for shipping. By following this procedure, the risks of loss or damage to the Product will remain the responsibility of the user until the carrier delivers the package and CERAMICHE ARTISTICHE MOLARONI checks its integrity, but CERAMICHE ARTISTICHE MOLARONI will not withhold the costs of returning the returned Product from the user.
11.7 Refunds and Withholdings. If the user withdraws from the contract, CERAMICHE ARTISTICHE MOLARONI will proceed to reimburse the Total Amount Due paid by the user for the Product, including delivery costs (if incurred), without undue delay and in any case no later than 14 calendar days from the day on which CERAMICHE ARTISTICHE MOLARONI was informed of the user's decision to withdraw from the contract, after having verified that the Product has not been damaged due to a cause attributable to the user and retaining the amount of the return of the goods (if carried out through the UPS courier) according to the following rule:
– for Orders, excluding shipping costs, with a value of up to 150 euros, a withholding of 20 euros;
– for Orders, excluding shipping costs, with a value between 150 and 1,000 euros, a withholding of 28 euros will be applied;
– for Orders, excluding shipping costs, with a value greater than 1,000 euros, a withholding of 50 euros will be applied.
The refund amount will be communicated via email (“Recredit Notice Email”); the refund will be made using the same payment method used by the user for the initial transaction (in the case of payment by bank transfer, CERAMICHE ARTISTICHE MOLARONI will ask the user for the bank details necessary to make the refund), unless the user has expressly agreed otherwise; in any case, the user will not have to bear any costs as a consequence of such refund. The value date of the credit will be the same as the debit.
In the event of partial withdrawal from Multiple Orders, the quantification of the delivery costs to be returned to the user as a result of the exercise of the right of withdrawal will be carried out as indicated in art. 10.4 above.
11.8 Liability and Diminution of Value of Products. The user is solely responsible for the decrease in value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories and information sheets, intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable law, it will not result in the termination of the contract and, consequently, will not give the right to any refund. CERAMICHE ARTISTICHE MOLARONI will notify the user within 5 working days of receiving the Product, rejecting the request for withdrawal. The Product, if already received by CERAMICHE ARTISTICHE MOLARONI, will remain at the latter's disposal for collection, which must take place at the expense and under the responsibility of the user himself within a maximum of 90 days.
11.10 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to such decrease in value. CERAMICHE ARTISTICHE MOLARONI will inform the user of the circumstance and the resulting decreased refund amount within 5 working days of receiving the Product.
11.11 Exclusion of the right of withdrawal. Ad Hoc Products. In the event that, in accordance with one of the legal hypotheses, the right of withdrawal does not apply, such exclusion will be specifically and expressly communicated during the purchase process, before the user proceeds to transmit the order. This is the case for Ad Hoc Products, where, pursuant to art. 59 of Legislative Decree no. 21 of 21 February 2014, for customized products made upon specific request and acceptance by the user, the provisions regarding the right of withdrawal are not applicable.
12. LEGAL GUARANTEE OF CONFORMITY
12.1 All products sold on the Store are covered by the Legal Guarantee of Conformity (“Legal Guarantee”) provided for by articles 128-135 of Legislative Decree no. 206/2005 (“Consumer Code”).
12.2 To whom it applies. The Legal Guarantee is reserved for consumers. It therefore applies only to users who have made the purchase on the Store for purposes other than their entrepreneurial, commercial, artisanal or professional activity.
12.3 When it applies. The seller (CERAMICHE ARTISTICHE MOLARONI) is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within two months of delivery of the products already existed on that date, unless this hypothesis is incompatible with the nature of the product or the nature of the lack of conformity. Starting from the third month following delivery of the product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the product.
In order to benefit from the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of such proof, to keep the purchase invoice, which CERAMICHE ARTISTICHE MOLARONI sends to him, as well as the DDT (transport document) or any other document that can certify the date of purchase (for example the credit card statement or the bank statement) and the date of delivery.
12.4 What is the lack of conformity? There is a lack of conformity when the purchased good:
a) is not suitable for the use for which goods of the same type are normally used;
b) does not conform to the description given by the seller and does not possess the qualities of the goods which the seller has presented to the consumer as a sample or model;
c) does not have the qualities and performances which are normal in goods of the same type and which the consumer can reasonably expect, also taking into account the declarations made in advertising or in the description of the product;
d) is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller by the latter at the time of conclusion of the contract and which the seller accepted.
Therefore, any faults, malfunctions or breakages caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and/or with what is provided for in the technical documentation attached to the product are excluded from the scope of the Legal Guarantee.
12.5 Remedies available to the user. In the event of a lack of conformity duly reported within the terms, the user has the right:
a) primarily, to the free repair or replacement of the goods, at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
b) secondarily (i.e. in the case where the repair or replacement is impossible or excessively onerous, or the repair or replacement has not been carried out within a reasonable time frame, or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at his choice.
The remedy sought is excessively burdensome if it imposes unreasonable costs on the seller in comparison with alternative remedies that may be pursued, taking into account:
aa) the value that the good would have if there were no lack of conformity;
bb) the extent of the lack of conformity;
cc) the possibility that the alternative remedy can be achieved without significant inconvenience to the consumer.
12.6 What to do in the event of a lack of conformity. In the event that a product purchased on the Store, during the period of validity of the Legal Guarantee, shows what could be a lack of conformity, the user can contact CERAMICHE ARTISTICHE MOLARONI by sending an e-mail, to the contact details indicated in art. 15, with photographs and a description of the problems encountered.
CERAMICHE ARTISTICHE MOLARONI will promptly respond to the communication, indicating to the user what subsequent steps he must take.
The Product for which the user complains of a lack of conformity must be sent to CERAMICHE ARTISTICHE MOLARONI, which will verify whether or not the complained defect exists, at the following address:
MOLARONI ARTISTIC CERAMICS
by Marcella Jannone Molaroni
9/11 LUCA DELLA ROBBIA STREET,
61121 PESARO (PU) – ITALY
To return the Product for which the user complains of a lack of conformity, CERAMICHE ARTISTICHE MOLARONI makes available to the user, at the latter's discretion, without prejudice to the right to carry out the return with a carrier of the user's choice, the procedure via the UPS courier. The user may use the procedure indicated in art. 11.6 for this purpose.
CERAMICHE ARTISTICHE MOLARONI reserves the right to ask the user to attach to his/her request the purchase invoice and/or the delivery note or other document proving the date of purchase and the delivery date.
13. FLASH SALES
CERAMICHE ARTISTICHE MOLARONI may organize Event Sales or Flash Sales. Such sales will have a predetermined and limited duration, which will be clearly indicated on the Site, and may be reserved for certain categories of users registered with the Store who will be notified of the start of the sale via a specific invitation email (“Invitation Email”) with specific temporary access credentials. Any special conditions applicable to such sales and the access credentials will be indicated in the invitation email.
14. APPLICABLE LAW
14.1 The purchase contract concluded on the Store is governed by Italian law.
14.2 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Court of Pesaro shall have jurisdiction.
15. CUSTOMER SERVICE AND COMPLAINTS
You can ask for information, send communications, request assistance or forward complaints by contacting CERAMICHE ARTISTICHE MOLARONI in the following ways:
a) by email, to info@ceramicheartistichemolaroni.com;
b) by completing and sending the contact request form, available in the “Contacts” section of the Site;
c) for customized Products, using the Customized Items Request Form available in the “Customized Items” section or by clicking on the “Customized Items” icon on the Collections page or in the Product Sheet of each Product;
d) by calling +39.0721.33181 (Monday to Saturday, from 9:00 to 12:30 and from 16:00 to 19:30, excluding holidays);
e) by post, writing to CERAMICHE ARTISTICHE MOLARONI, Via Luca della Robbia, 9/11, 61121 (PU) Pesaro – ITALY.
CERAMICHE ARTISTICHE MOLARONI will respond to complaints submitted within five working days of receiving them, by email.
PRIVACY
The site www.ceramicheartisticemolaroni.com (“Site”) is owned by CERAMICHE ARTISTICHE MOLARONI di Marcella Jannone Molaroni with registered office in Italy, Via Luca della Robbia 9/11, 61121 Pesaro (PU) (“CERAMICHE ARTISTICHE MOLARONI” and/or the “Company”).
The Site Store, where it is possible to purchase CERAMICHE ARTISTICHE MOLARONI brand products online (“E-Commerce Service”), is located at the address ceramicheartitichemolaroni.com/shop/collezioni (“Store”).
In order to allow the user to register on the Site, which will allow him to access reserved services, including the E-Commerce Service, CERAMICHE ARTISTICHE MOLARONI will process the personal data concerning him, pursuant to the provisions of Legislative Decree 30 June 2003, n. 196 (“Privacy Code”).
To be able to To register on the Site , the user must provide the following personal data: Name, Surname And Email address . A Password .
CERAMICHE ARTISTICHE MOLARONI will process the personal data provided by the user when registering on the Site as owner (“Owner”).
Attention to the security and confidentiality of your data is a priority for us.
We consider all personal data strictly confidential and we undertake not to disseminate or transfer the information in our possession to third parties for promotional purposes. Although not mandatory, failure to provide user data for the purposes specified below may make it impossible to provide, in whole or in part, the services requested by the user.
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This information is intended for all subjects who interact with the Site, and in particular:
– to those who browse the Site without registering;
– to those who register on the Site and use the services provided through the Site, including the E-Commerce Service.
This information is not provided for other websites that may be consulted by the user via links contained in the Site. CERAMICHE ARTISTICHE MOLARONI will not be liable in any way for any illegitimate processing of the user's data carried out by third parties.
This information is provided pursuant to art. 13 of the Privacy Code, as well as in compliance with Recommendation no. 2/2001 that the European Authorities for the Protection of Personal Data, gathered in the Group established by art. 29 of Directive no. 95/46/EC, adopted on 17 May 2001 to identify some minimum requirements for the collection of personal data online in the European Union.
NAVIGATION
It is possible to access the Site and the Store without being required to provide any personal data. However, the computer systems and software used to operate the Site acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.
This information is not collected to be associated with identified interested parties, but also by its very nature could, through processing or associations, allow the identification of the user.
This category includes the IP addresses or domain names of the computers used by users who access the Site, the URL addresses of the requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, etc.
These data are used only to obtain anonymous statistical information on the use of the Site (such as, in particular, the number of accesses) and to check its correct functioning and are deleted immediately after processing. This process does not involve the processing of directly identifying information.
The use of so-called session cookies (which are not stored permanently on the user's computer and disappear when the browser is closed) is strictly limited to the transmission of session identifiers (consisting of random numbers generated by the server) necessary to allow safe and efficient exploration of the Site.
REGISTRATION
The information and data requested in case of registration on the Site will be used to allow access to reserved services, including the E-Commerce Service.
ORDERS
In the event that, after registering on the Site, the user is interested in making an online purchase, he/she must send a purchase order to CERAMICHE ARTISTICHE MOLARONI.
To this end, you will need to provide CERAMICHE ARTISTICHE MOLARONI with some personal data, in addition to the data already provided at the time of registration, necessary to fulfill the purchase contract (including address and telephone number). Furthermore, some data will be recorded, such as the IP address from which the transaction originated, the time of the request, the type of browser used, etc. This data could be used to ascertain responsibility in the event of hypothetical computer crimes, at the request of the competent investigating authorities pursuant to the law.
MARKETING
With the user's prior consent, CERAMICHE ARTISTICHE MOLARONI may independently process the personal data provided by the user in order to send them advertising material relating to its own or third-party products or services.
PROFILING
The personal data provided by the user during a purchase on the Store may be processed, subject to his/her consent, exclusively for profiling purposes, i.e. for the analysis of consumer choices by revealing the type and frequency of purchases made by the user, in order to send him/her advertising material of CERAMICHE ARTISTICHE MOLARONI or of third parties of specific interest to him/her.
SOFT SPAMMING
CERAMICHE ARTISTICHE MOLARONI may use, for the purposes of direct sales of its products or services, the email addresses provided by the user in the context of the purchase of a product or service from the Store, even without your consent, pursuant to art. 130, fourth paragraph of the Privacy Code, provided that the products or services are similar to those being sold (so-called soft spamming). You may, however, refuse this processing at any time by communicating your opposition to CERAMICHE ARTISTICHE MOLARONI using the methods indicated in art. 5 below.
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That said, in compliance with the provisions of the Privacy Code, we hereby intend to inform the user that CERAMICHE ARTISTICHE MOLARONI will process the personal data concerning him/her under the following conditions.
Art. 1 – Purpose of the processing
The processing of personal data is aimed exclusively at achieving the following purposes:
1) to allow registration on the Site, management of the user's registration credentials and for the administrative and legal obligations connected to the same;
2) in the event that the user intends to use the E-Commerce Service provided by CERAMICHE ARTISTICHE MOLARONI:
2a) to allow the correct execution, by the latter, of the operations connected to the online purchase and, therefore, to allow the same to correctly and punctually fulfill all the obligations deriving from the contractual relationship, as well as for the administrative and legal obligations connected to the same;
2b) limited to the email coordinates provided by the user in the context of the purchase of a product or service from the Store, to allow the direct sale of similar products or services (so-called soft spamming), provided that the user does not object to such processing.
3) with prior consent, for registration on mailing lists held by CERAMICHE ARTISTICHE MOLARONI, for sending advertising and information material on its own or third-party products or services, as well as for carrying out market research by CERAMICHE ARTISTICHE MOLARONI, in its capacity as Data Controller, also for the purposes of measuring the degree of customer satisfaction (so-called customer satisfaction), by means of automated systems, such as e-mail, SMS or MMS;
4) subject to consent, for the offer, by CERAMICHE ARTISTICHE MOLARONI, in its capacity as Data Controller, of promotions, discounts, concessions and other services, as well as the sending of commercial or promotional information and free products, participation in demonstrations or events, the carrying out of market research and the reporting of all special initiatives concerning CERAMICHE ARTISTICHE MOLARONI products or those of third parties by means of automated systems, such as e-mail, SMS or MMS;
5) subject to consent, to the processing by CERAMICHE ARTISTICHE MOLARONI, as Data Controller, of the personal data provided by the user when making a purchase on the Store, for the analysis of his/her consumer choices (so-called “profiling”), through the detection of the type and frequency of purchases made online by the user, also in order to be able to serve him/her better on the occasion of any future purchases at one of the CERAMICHE ARTISTICHE MOLARONI stores and to pursue the purposes referred to in point 4) above;
6) for statistical and historical purposes.
Art. 2 – Provision of data and consequences in case of failure to consent to processing
The provision of data for the purposes referred to in points 1) and 2) of the preceding Art. 1 is purely optional. However, since such processing is necessary to allow registration on the Site and the provision of reserved services, including the E-Commerce Service, any refusal by the user to provide the data in question will make it impossible to register and make purchases through the same.
Furthermore, in the event that, after registering on the Site, the user intends to conclude an online purchase transaction, he/she will have to provide CERAMICHE ARTISTICHE MOLARONI with some additional personal data in addition to that already provided at the time of registration and, in particular, those relating to the delivery address , of billing , the Payment method hey data of the instrument chosen to make the payment .
The processing of such personal data is necessary to complete the purchase; therefore, failure to provide such data will make it impossible to complete a purchase on the Store.
If the user chooses a credit card as the payment method, he will be asked for the following information: credit card data that you intend to use. Such data will not be processed in any way by CERAMICHE ARTISTICHE MOLARONI , but only by the payment service provider.
With reference to the purposes of the processing referred to in points 2b), 3) and 4) of the preceding Art.1, consent to the processing of the user's data is purely optional. Failure to consent will not have any consequences on the possibility of registering on the Site and/or making purchases on the same.
Failure to consent will only result in the following consequences:
1) failure to consent to the processing of data for the purposes referred to in Art. 1, point 3) above, will make it impossible to receive information and advertising material, brochures and information communications from CERAMICHE ARTISTICHE MOLARONI relating to its own or third-party products and services;
2) failure to consent to the processing of data for the purposes referred to in Art. 1, point 4) above, will make it impossible to receive from CERAMICHE ARTISTICHE MOLARONI promotions, discounts, concessions and other services, commercial or promotional information and free products, invitations to demonstrations or events as well as the impossibility for CERAMICHE ARTISTICHE MOLARONI to carry out market research and the reporting of all special initiatives regarding products of CERAMICHE ARTISTICHE MOLARONI or third parties;
3) failure to consent to the processing of the user's personal data for the purposes set out in Art. 1, point 5) above will make it impossible for CERAMICHE ARTISTICHE MOLARONI to acquire such data for the analysis of his/her consumer choices (so-called "profiling"), through the detection of the type and frequency of purchases made online, also in order to be able to serve him/her better on the occasion of any future purchases at one of the CERAMICHE ARTISTICHE MOLARONI stores and to pursue the purposes set out in Art. 1, point 4) above;
We also point out that the consent given by the user to the processing of his/her personal data for one or more of the purposes referred to in Art. 1, points 3), 4) and 5) above may be revoked at any time, by modifying the same at the time of each new access to his/her Account on the Site, or by contacting the Owner at the address indicated in Art. 5 below.
Furthermore, with regard to the processing consisting in the sending of advertising information material, brochures and informative communications by CERAMICHE ARTISTICHE MOLARONI, we point out that the user may revoke his/her consent by clicking on the appropriate “Unsubscribe” box which will be at the bottom of each communication containing advertising or informative information that will be sent to him/her.
Art. 3 – Methods of processing
The processing of personal data concerning the user will be mainly carried out with the aid of electronic or automated means, according to the methods and with the tools suitable to guarantee the security and confidentiality of the data, in compliance with the provisions of the Privacy Code. In particular, all technical, IT, organizational, logistical and procedural security measures will be adopted, so that the minimum level of data protection required by law is guaranteed, allowing access only to the persons in charge of processing by the Data Controller or the managers designated by the Data Controller.
The information acquired and the methods of processing will be pertinent and not excessive with respect to the type of services provided.
The data will also be managed and protected in environments where access is under constant control.
Art. 4 – Communication and dissemination of data
The personal data provided by the user will be communicated:
1) for the purposes referred to in points 1) and 3) of the preceding Art. 1, to the employees or collaborators of the Data Controller, in their capacity as data controller;
2) for the pursuit of the purposes referred to in points 4) and 5) of the preceding Art. 1 – and, in particular, to guarantee the constant accuracy and updating of the user's data on the occasion of any future relationship with CERAMICHE ARTISTICHE MOLARONI – to the employees and collaborators (including service providers such as couriers, freight forwarders, data entry companies, etc.) of CERAMICHE ARTISTICHE MOLARONI, in their capacity as data processors and to the commercial partners of CERAMICHE ARTISTICHE MOLARONI in their capacity as external data controllers, and to the managers of CERAMICHE ARTISTICHE MOLARONI stores, in their capacity as data processors, with registered offices in Italy or abroad (including outside the EU);
The personal data provided by the user may also be communicated:
a) to all those subjects (including Public Authorities) who have access to personal data by virtue of regulatory or administrative provisions;
b) to post offices, companies or third parties responsible for printing, packaging, shipping and/or delivery services for products purchased on the Store;
c) to companies, consultants or professionals who may be responsible for the installation, maintenance, updating and, in general, management of CERAMICHE ARTISTICHE MOLARONI hardware and software;
d) to companies or Internet providers responsible for sending documentation and/or information material;
e) to all those public and/or private entities, natural and/or legal persons (legal, administrative and tax consultancy firms, Judicial Offices, Chambers of Commerce, Chambers and Labor Offices, etc.), if the communication is necessary or functional to the correct fulfillment of the contractual obligations undertaken, as well as the obligations deriving from the law.
The personal data provided by the user will not be disclosed, except in anonymous and aggregate form, for statistical or research purposes.
The updated list of data controllers and processors can be consulted at the Data Controller's headquarters.
Art. 5 – Owner and Controller of Personal Data Processing
The owner of the personal data processing is CERAMICHE ARTISTICHE MOLARONI di Marcella Jannone Molaroni with headquarters in Via Luca della Robbia 9/11, 61121 Pesaro (PU).
In relation to the personal data provided during registration on the Site, the user may send all requests and inquiries relating to the processing of their data to the following address:
MOLARONI ARTISTIC CERAMICS
by Marcella Jannone Molaroni
9/11 Luca della Robbia Street
61121 Pesaro (PU)
Tel. +39 0721 33181
e-mail: info@ceramicheartisticemolaroni.com
In relation to the personal data provided when making a purchase on the Store, the user may send all requests and inquiries relating to the processing of such data to CERAMICHE ARTISTICHE MOLARONI, at the address indicated above.
Finally, you can send all requests and inquiries regarding the processing of personal data to CERAMICHE ARTISTICHE MOLARONI:
1) for the marketing purposes referred to in points 3) and 4) of the preceding Art. 1;
2) with reference to the purpose referred to in point 5) of the preceding Art. 1 for the analysis of your consumer choices (so-called "profiling"), through the detection of the type and frequency of purchases made online.
Art. 6 – Storage of personal data
The personal data concerning the user will be stored only for the time necessary to guarantee the correct provision of the services offered.
In the event of cancellation or disabling due to non-use of the Account on the Site, the user's data will be retained for administrative purposes for a period not exceeding one quarter, without prejudice to any specific legal obligations on the retention of accounting documentation or for public safety purposes. In such cases, automatic deletion of the data will also be guaranteed by third parties to whom the data may have been communicated.
In any case, it is understood that personal data will be stored and processed for the purposes of verifying consumer and marketing habits for the period of time permitted by law and by the provisions of the Guarantor for the Protection of Personal Data.
After this period, the data will be transformed into anonymous form, so as not to allow, even indirectly, the identification of the user.
Art. 7 – Right of access to personal data
Pursuant to art. 7 of the Privacy Code, the user has the right, among other things, to:
1) obtain confirmation of the existence or otherwise of personal data concerning him and their communication in an intelligible form;
2) obtain, at the care of the Data Controller:
2a) information on the origin of the personal data, on the purposes and methods of processing, on the logic applied in the event of processing carried out with the aid of electronic instruments;
2b) indication of the identifying details of the Data Controller;
2c) information about the subjects or categories of subjects to whom the data may be communicated or who may become aware of them in their capacity as designated representatives on the territory of the state, as data controllers or persons in charge;
3) get:
3a) the updating, rectification or integration of data concerning him/her;
3b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is necessary in relation to the purposes for which the data were collected or subsequently processed;
3c) certification that the operations referred to in the preceding points have been brought to the attention, including with regard to their content, of those to whom the data have been communicated or disclosed, except in the case where such fulfillment is impossible or involves the use of means manifestly disproportionate to the right protected;
4) to object, in whole or in part:
4a) for legitimate reasons, to the processing of data concerning him/her, even if pertinent to the purpose of the collection;
4b) to the processing of personal data concerning him/her, provided for the purposes of commercial information or sending advertising or direct sales material or for carrying out market research or commercial communication.
The above rights may be exercised by making a request to the Data Controller via registered letter, or by email to the addresses above (Art. 5)