General conditions of sale
- Definition adn scope of the contract This contract is for the sale of goods between the C.I.T.S. S.r.l., headquartered in Chiari (BS), Via Cologne, 1/a, n ° 179 417 C.C.I.A.A. R.E.A. - No. 00514910173 R.I. BS, VAT (IT) 00568640981 and the "customer " or "user". To the Customer who is a consumer, as defined in art. 3 c.1 letter A of Legislative Decree 206/2005 (Consumer Code), a physical person who is acting for purposes outside his trade, business, craft or profession, the rules apply as stated by the Consumer Code relating to the right to withdraw, as specified in the relevant section.
- Acceptance of order / completion of the contract The contract will be executed through the following steps:
- By submitting the proposal, the user transmits a purchase proposal of the product or products selected to C.I.T.S. s.r.l. The submission of the proposal will be taken as consent under the law to receive further communications from C.I.T.S. s.r.l., described below, aimed exclusively at the conclusion and execution of the contract.
- C.I.T.S. s.r.l. will notify the user of the receipt of the purchase order by e -mail.
- C.I.T.S. s.r.l. will verify the transportation cost, the actual availability of the product or products from the own warehouse or the distributor’s and/or any change in price and/or evaluate any other element that involves the modification of the order. In these cases C.I.T.S. s.r.l. will communicate the new offer to the user as the valid counter-proposal.
- If the purchase offer is accepted, C.I.T.S. s.r.l. will send an e-mail confirmation of the contract’s conclusion. Even in the case of C.I.T.S. s.r.l. ‘s counter-proposal, the contract is concluded when C.I.T.S. s.r.l. will communicate to the user its acceptance in writing by e-mail.
- At the time of the contract’s conclusion, the user must make the payment using one of the modes listed in Article 6.
- At the time of payment, C.I.T.S. s.r.l. will then deliver the product or products in the manner and within the time limits set out in Article 9.
- The customer is not entitled to damages, as well as any contractual or tort liability for direct or indirect damages to persons and/or property, caused by lack of acceptance of an order, even partial.
- Cancellations or changes to the order already submitted cannot be guaranteed and may be authorized by C.I.T.S. s.r.l based on the progress of the order.
- Sales promotions C.I.T.S. s.r.l. will provide, with its firm decision, to adjust from time to time every initiative of a promotional nature including but not limited to: discounts, collection points, and prizes.
- Prices The selling prices of the products are quoted in Euros and are inclusive of VAT. However the cost of transport is calculated each time before the order confirmation.
- Shipping and delivery prices Shipments can be made both in Italy and abroad. The prices of shipments and deliveries vary depending on the location of the delivery of the goods, quantity, size and weight of the goods. Prices are subject to change without notice. Delivery is done via ground shipping. When ordering, the value of goods is insured and its cost is already calculated. To facilitate the delivery, the courier informs the customer about the delivery by e-mail or text. In addition, the delivery can be tracked by the customer on the courier’s website. The customer is responsible to pay any additional cost for the storage of any packages due to repeatedly missed delivery attempts by the courier.
- Rules of purchase and payment The customer can purchase the products featured on the site where the image accompanying the description may not be fully representative of its features but differ in colour, size, and accessories present in the picture.
- Credit card: payment by credit card is accepted with all cards accepted by PayPal.
The user can use the service offered to C.I.T.S. s.r.l. by PayPal by clicking on the link which will be sent by e-mail simultaneously with the order confirmation: the user will connect by following the instructions on the website to ensure the confidentiality of data and the security and efficiency of the transactions. The user enters the credit card information directly on the server, created, guaranteed and managed by PayPal. The user must then accept the general terms and conditions as arranged to be able to access the service, C.I.T.S. s.r.l. is not be liable for any damages arising from the use of the service offered to the user.
In case of purchase of goods with credit card payments, together with the completion of the online transaction, PayPal will charge the amount of your purchase.
The C.I.T.S. LTD reserves the right to ask the customer information (such as the land line phone number) or send the copy of documents proving the ownership of the credit card used. In the absence of the required documents, the company C.I.T.S. s.r.l reserves the right not to accept your order.
At no time during the purchase process, C.I.T.S. s.r.l is able to know information about the buyer's credit card: therefore we cannot be held responsible for any fraudulent or improper credit card use by a third party upon payment of goods purchased on its site.
- Bank transfer: The user must make the transfer order as requested by C.I.T.S. s.r.l, Bank support: B.C.C. dell'Oglio e del Serio' Agency Chiari, IBAN: IT 78 W 08514 54340 000 000 1500 17. Once you have done so, the customer needs to send a copy of the arrangement with the identifier (ID) of the transaction to C.I.T.S. s.r.l. In case of a pre-payment by bank transfer, we will hold the product(s) as ordered by the customer until receipt of proof of Bank Transfer payment, to be sent to the C.I.T.S. s.r.l within 24 hours from the order. The shipping of the order will be done only after checking the credited amount due on the account of the company C.I.T.S. s.r.l (estimated time for the actual crediting is three working days, subject to errors or complications). Any deficiencies or discrepancies between the information provided by the customer on the order and the information included in the payment could cause delays in the acceptance of the order by C.I.T.S. s.r.l
The bank transfer receipt should include: the date of execution thereof, the name and surname of the ordering customer. All payments must be made payable to C.I.T.S. s.r.l, via Cologne 1/a, 25032 Chiari (BS), Italy
- Billing The invoice will be mailed together with the goods or by e -mail. For the issuance of invoice addressed to holders of VAT, you must communicate valid VAT number and/or social security number. No change in the bill will be possible after the issuance thereof.
- Availability of products The C.I.T.S. s.r.l accepts orders from customers for the quantity of products present in the warehouse. Therefore, the acceptance by C.I.T.S. s.r.l of the purchase order submitted by the Customer is subject to stock availability of the products. C.I.T.S. s.r.l agrees to promptly notify the customer of any unforeseen depletion of stocks due to excess demand or other causes.
- Delivery of products Purchases made on the site www.italianstoves.com are delivered by courier to the delivery address entered on the order. Purchases will be dispatched by the C.I.T.S. s.r.l as soon as possible, subject to availability of the goods upon receipt of the payment, by mail or courier.
- Complaints Any complaint can be forwarded to the following address: C.I.T.S. s.r.l Via Cologne, 1/a, 25032 Chiari (BS) Italy, via e- mail at: firstname.lastname@example.org, or by fax at (+39) 030 71 26 17
- Warranty and support All products sold by the company C.I.T.S. s.r.l are covered by the warranty. To use the warranty, the Customer must keep the invoice.
- Obligations of the customer The Customer declares and warrants:
- to be 18 or older;
- that the data submitted by the Customer are true and correct for the execution of the contract.
- Right of withdrawal The sales by this site to the customer self-claimed as Consumer pursuant to the Legislative Decree 206/2005 and subsequent amendments (i.e. the natural person who is acting for purposes which are outside his trade, business, craft or profession ) are subject to a right of withdrawal pursuant to aricle 64 D. Decree 206/2005.
- The intention to avail of the benefits granted by law;
- The indication of the product;
- The number of the invoice issued by C.I.T.S. s.r.l;
- The code and the quantity of the items.
- The information relating to your bank account or post office.
- The law applies to the product in its entirety, it is impossible to withdraw only for part of the goods;
- The products must be unopened in its original packaging and not damaged in any way and returned in the documentation and additional equipment (for example: manuals...).;
- The right of withdrawal does not apply to goods especially ordered or customized. In case of cancellation, a 20% penalty will be charged on the amount established as the flat-rate reimbursement of expenses incurred in addition to transport costs, both those incurred for the delivery of the original product and for its return, as well as ancillary ones (example: transaction costs, etc...).)
- Waiver User is not entitled to damages or compensation and any contract or tort liability for direct or indirect damages to persons and/or property caused by the product covered by the contract except as provided in art. 1229 cc.
- Unforseen circumstances C.I.T.S. s.r.l will be freed from the obligation of fulfilment and execution of this contract due to unforeseen circumstances, temporary or permanent, such as (for example but not limited to) strikes, arrests or accidents, fires, and for any other reason occurring outside the control of C.I.T.S. s.r.l which cannot be attributed to it, also pre-existing that prevent or exacerbate the execution of all or part of this contract.
- The binding nature of the contract This agreement shall be binding on the parties and their respective legal representatives, successors, and assignees.
- Copyright and updates The reproduction in whole and/or part of the products featured on the site is prohibited. In order to provide a service to date, C.I.T.S. s.r.l reserves the right to modify at any time without prior notice technical data, texts, drawings, descriptions, graphics, photographs, variants and colours, size availability, delivery time, terms and conditions of sale and any other party contained in this site www.italianstoves.com. The Customer is required to keep a copy of these "Terms of Sale " in paper or electronic form valid at the time the contract is concluded at a distance (receiving customer order).
- Applicable law and jurisdiction The contract of sale between the customer and C.I.T.S. s.r.l is concluded in Italy and governed by Italian law. In the case of a user-consumer for all disputes arising from this contract, including those relating to His validity, interpretation, execution and termination of the mandatory jurisdiction of the court is the place of residence or domicile of the consumer, if located in the territory of the Italian State.
The Contract is concluded directly by the C.I.T.S. S.r.l.’s acceptance of a purchase proposal issued by the customer via the Internet following the invitation to offer content in the website www.italianstoves.com (the "Site"), on the basis of the procedures described in the purchase and payment section. This acceptance is explicitly formulated by C.I.T.S. S.r.l. via a confirmation email.
The customer, by setting an order in the prescribed manner, declares to have read all the information provided during the purchase process and accept the general conditions and payment transcribed below. These general conditions of sale ("Terms") and in particular the information referred to in Article 52 of the Consumer Code, as provided by C.I.T.S. s.r.l. in the website, will remain valid and effective until they are modified and/or supplemented by C.I.T.S. S.r.l. Any changes and/or additions to the General Conditions will be effective from the date that will be communicated to the public and will apply to sales made after that date.
The client, after processing the online purchase and receiving an order confirmation by email, will print, save an electronic copy, and also save these general conditions of sale in accordance with the requirements of Article 52 and 53 of the Legislative Decree no. 206/2005 on remote sellings.
All specifications listed on the website are not binding and may therefore be subject to change without notice.
The company C.I.T.S. s.r.l. can accept orders for delivery in Italy and abroad. The orders are sent directly online through the website of CITS s.r.l. using the fax number (+39) 030 71 26 17 or by e- mail to the following address: email@example.com
There is no minimum value required for an order.
Following the purchase orders sent via the Site, the Customer will receive from C.I.T.S. s.r.l. an e-mail summary estimate of what is required. The customer may proceed by accepting the proposed invoice by sending an e-mail confirmation. The contract will be concluded with the submission of an e-mail confirmation of the order by C.I.T.S. s.r.l. Within 24 hours of transmission of the acknowledgment of the order by C.I.T.S. s.r.l., the customer shall pay the entire amount in the manner indicated below.
Only after checking the actual crediting of the agreed amount, C.I.T.S. s.r.l. will proceed with the preparation and the delivery of the order to the carrier.
The customer will be allowed to choose one of the following methods of payment:
The goods will be delivered to the address indicated by the customer on the order. The delivery address specified in the request must match the shipping address and the destination specified on the Pay Pal site for users who use this method of payment. Orders that show a difference between the address indicated in the form of Pay Pal and that contained in the order issued to the seller cannot be processed. Therefore, in subsequent requests for changes of the place of destination of the merchandise, you must follow a new order and the previous one cannot be delivered. The C.I.T.S. s.r.l will ask the couriers indicated by the user in the request to ship the product or products. The shipping costs are the responsibility of the customer and shall be equal to the amount indicated in the invoice.
Delivery times will vary depending on destination, type of product, stock availability, etc...and may be checked at any time by the customer with the operators of C.I.T.S. s.r.l by telephone message or e-mail. Delivery times in advance or delays, indicated by C.I.T.S. s.r.l shall be construed as merely indicative without any commitment or guarantee of respect for themselves by C.I.T.S. s.r.l. In any case, the C.I.T.S. s.r.l is not liable for damages for delays of delivery of the order, nor those delays will be considered by the customer for claims for damages or compensation and liability in contract or tort liability for direct or indirect damages to persons and/or things.
In this respect it should be noted that the customer can constantly monitor the delivery status on the site of the courier through the tracking number which will be provided by C.I.T.S. s.r.l at the time of acceptance of the order with the order summary.
The delivery is made to the address specified by the customer when entering their data for the purchase and delivery. The C.I.T.S. s.r.l assumes no responsibility in the event of an incorrect indication of the place of delivery of goods ordered. In such cases, the shipping charges for the return of the goods to the warehouse and delivery to any other place different from the one indicated are the sole responsibility of the customer. It’s the customer’s responsibility to verify the accessibility of the ordered goods to the place of delivery and report any problems before the departure of the goods. In case of failure of delivering the goods due to the Customer’s lack of such verification, the order cannot be cancelled unless the customer pays to C.I.T.S. s.r.l for all delivery costs of return, plus the management of the return of goods and of the order. The Customer may communicate any detail that is considered necessary for the courier to reach the place of delivery by sending an e-mail to firstname.lastname@example.org before the goods are shipped from our warehouses. Deliveries made in disadvantaged areas such as small islands, mountainous areas difficult to reach, pedestrian areas and/or zones of limited access to regular transport of goods of which the customer has not informed in advance C.I.T.S. s.r.l may be subject to an additional cost which will be charged to the customer.
The national and international couriers make deliveries without notice on weekdays from Monday to Friday during regular business hours (approximately 09:00 AM to 1:00PM and from 2:00 to 6:00 PM) as indicated by the same couriers and cannot be unionized nor modified by C.I.T.S. s.r.l. No responsibility can be assigned to C.I.T.S. s.r.l due to delays in delivery due to the selected carrier.
The goods are delivered at the time of its release from the stores of the company C.I.T.S. s.r.l or those of the supplier and travel at the risk of the customer, even if sold carriage free.
Shipping costs are however due and payable by the customer even if it avails itself of the right to withdraw, refuse or return to the sender the goods ordered regularly for any reason. In this case the C.I.T.S. s.r.l is entitled to retain the cost of transport for sending and returning the goods from the amount paid by the customer as well as ancillary costs.
Upon delivery of the goods by the courier or postman, the customer is required to check that:
- The number of packages delivered corresponds to that indicated in the transport invoice.
- The packaging and the product inside and outside is intact, not damaged, or wet or otherwise altered, including the sealing materials (adhesive tape or metallic straps.
Any damage in the packaging and/or product or the mismatch in the number of packages or particulars should be immediately notified, reserve specific control and precise written statement on the delivery receipt (eg "subject to control commodity for damaged packaging", "I withdraw the goods for obvious damage to the packaging and products"). Performed this procedure and found to contain damage caused by transport, the customer is obliged to report it to C.I.T.S. s.r.l within three (3) days of receipt of the goods by e-mail, complete with photographic documentation of packaging and damaged goods. The customer must retain all packaging and merchandise as indicated by C.I.T.S. s.r.l. The customer who for whatever reason will not follow the above mentioned indications of this contract cannot later claim to C.I.T.S. s.r.l any shortages or damage caused by the carrier.
In case of refusal of the delivery, the user must immediately notify C.I.T.S. s.r.l. In the absence of such immediate notification, the customer will be charged the costs of storage and handling. Once you have signed the delivery receipt without notifying any details of damage, the Customer may no longer make any objections.
Failure to collect the goods or the inability to reach the customer for delivery within the time limits of storage set by the courier, the order will be considered refused and the material will be sent back to the warehouse of the company C.I.T.S. s.r.l. The customer will be charged with the costs of storage, custody and re-entry of the material by the C.I.T.S. s.r.l.
For products guaranteed by the manufacturer, the warranty is provided in the manner described in the packaging of the product. Therefore, in such cases, the customer must report directly the defects to the manufacturer and then send the product to the authorized service center. The shipping costs are the responsibility of the customer.
For products not guaranteed by the manufacturer, the warranty is provided by the seller in accordance with the procedures laid down in Articles. 128 et seq. D. Decree 206/2005. Therefore, in such cases, the customer must report directly the defects to the company C.I.T.S. s.r.l Via Cologne, 1/a , 25032 Chiari (BS), and send that product to the same address.
The product must be returned by the customer in the original packaging, complete in all its parts (including packaging and any documentation and additional equipment, such as, for example , manuals, etc...). Shipping costs are the responsibility of the customer.
This warranty applies to products that present a conformity defect, provided the product is used correctly, in accordance with its intended use and as provided in the technical manual.
If the defect does not result from a lack of conformity, the Customer will be charged for any costs of verification and recovery borne by C.I.T.S. s.r.l.
In both cases, the replacement of the product not working on delivery occurs only if expressly provided by the manufacturer. The timing of replacement or repair of any product depends, in each case, solely on the policies of the manufacturer. Therefore, no damages will be asked to C.I.T.S. s.r.l for any delays in repairs or replacements.
In case C.I.T.S. s.r.l is not able to return to the customer a product under warranty (repaired or replaced), the company will replace it with a product of consensual peer or superior characteristics to the one disputed or to refund the amount paid taking into account the use of the product. The time to repair or replacement of the product depends solely on the policies of the manufacturer and no damages will be asked to C.I.T.S. s.r.l for any delays in such operations.
The Client consumer who wishes to exercise the right of withdrawal must send within ten working days from receipt of the goods, with acknowledgment of receipt in advance by e -mail at:email@example.com. Such registered mail must be sent to the following address: C.I.T.S. s.r.l, Cologne , 1/A - 25032 Chiari (BS), Italy, and must contain:
To obtain a refund of the amount, the customer must send the invoice and the goods intact adequately sealed in original packaging, complete with all its parts (including packaging, protective interior and exterior, wooden pallets and any documentation and additional equipment such as manuals, assembly equipment, etc...) via courier assigned by the customer. The shipping costs for the return of the asset are charged to the Customer.
Within thirty days of the return of the goods, the company C.I.T.S. s.r.l will refund the amount paid by the same method by which the payment was made and to the same holder. C.I.T.S. s.r.l, after verifying the integrity of the goods and the presence of all the parties of the expedition will proceed to do the return of the value of the product(s) withholding only the shipping costs, even when included in the price, and additional services.
The right of withdrawal is subject to the following conditions::
The shipping, until the certificate of receipt is received in the warehouse of C.I.T.S. s.r.l, is under the full responsibility of the customer, in case the goods are damaged during the transport, the company C.I.T.S. s.r.l will notify the Customer thereof (within five working days of receipt of goods in their stores) to enable it to file a timely complaint against the carrier. In this case, the product will be made available to the customer for his return, cancelling, at the same time, the request for withdrawal and therefore a refund. C.I.T.S. s.r.l is not liable in any way for damage or theft/loss of goods returned by uninsured shipments by the customer. If the package and/or the original packaging are excessively damaged, C.I.T.S. s.r.l will deduct it from the refund due to expenses incurred in their recovery.
The right of withdrawal is lost for lack of the essential integrity of the good (the packaging and/or its contents), in cases in which the company C.I.T.S. s.r.l finds: the lack of external and/or internal packaging, the product is damaged for causes other than its transport, the absence of elements of the product (accessories, manuals, parts, etc....), the non-diligent use of the good that has compromised the integrity or the use of any supplies.
In the case of forfeiture of the right of withdrawal, the company C.I.T.S. s.r.l will return the purchased goods to the customer, charging the additional shipping charges cancelling the request for withdrawal and therefore the refund.
In cases not covered by the preceding paragraph all disputes arising out of this contract , including those relating to its validity, interpretation, execution and termination, shall be within the exclusive competence of the Court of Brescia, also for possible enforcement actions, damages or, in general relating to payments.
The user registration approves the following clauses:
Article 11 guarantees and assistance; Article 14 waiver; article 15 unforeseen circumstances; article 18 Law and Jurisdiction.