Preamble
Ceramic Store Srl, located at via Messigno 149, Pompei (NA), is a company engaged in the marketing of bathroom furnishing products, available for online purchase through the website www.ceramicstore.eu. The following General Terms and Conditions of Sale apply to all commercial transactions carried out through the aforementioned site, in full compliance with the current national and European regulations on the matter, including Legislative Decree no. 70/2003, Legislative Decree no. 206/2005 and subsequent amendments (hereinafter referred to as the "Consumer Code"), European Directive no. 2011/83/EU on Consumer Rights, and the provisions of the civil code, unless otherwise specified below (hereinafter referred to as "General Terms and Conditions of Sale" or "Terms of Sale").
Definitions
For the purposes of these Terms of Sale, the following definitions apply:
Customer: a natural or legal person who purchases products offered by Ceramic Store Srl through the website www.ceramicstore.eu, either for purposes unrelated to any entrepreneurial or professional activity they may carry out ("Consumer") or for purposes functional to their entrepreneurial or professional activity ("Professional"). Consumer: a natural person who, when purchasing products, acts for purposes unrelated to any entrepreneurial or professional activity they may carry out. Professional: a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary. Product: any movable good, including bathroom furniture, marketed by Ceramic Store Srl through the website www.ceramicstore.eu. Purchase Order (or "Order"): the document, in digital format, sent by the Customer to Ceramic Store Srl at the end of the purchase procedure. The Order is binding for the Customer and implies acceptance of these General Terms of Sale, including the right of withdrawal and the Privacy Policy. Purchase Order Confirmation (or "Order Confirmation"): the email sent by Ceramic Store Srl to the Customer to confirm receipt and acceptance of the Purchase Order. Privacy Policy: the document available on the website www.ceramicstore.eu that provides detailed information on the processing of Customers' personal data.
1 - Acceptance of the Terms of Sale
1.1. These Terms of Sale constitute a legal agreement between Ceramic Store Srl and the Customer. The purchase of Products through the website www.ceramicstore.eu implies unconditional acceptance of these Terms of Sale.
1.2. Before making a purchase, the Customer is invited to carefully read the Terms of Sale. If the Customer disagrees with one or more clauses of the Terms of Sale, they must not proceed with the purchase of the Products.
1.3. Ceramic Store Srl reserves the right to make changes to the Terms of Sale at any time. Any changes will be effective from the date of publication on the website www.ceramicstore.eu. The Customer is required to regularly check the Terms of Sale before making a purchase.
1.4. These General Conditions apply exclusively to the sale of products offered by the Seller. They do not govern the sale of products by other entities, even if hyperlinks, links, or banners referring to such products are present on the Site. Therefore, the Customer is invited to verify the general sales conditions applied by such entities before placing orders or making purchases. The Seller cannot be held responsible for the supply of goods or services by third parties or for the purchase of products from other suppliers through hyperlinks, links, or banners present on the Site.
1.5. For information regarding the processing of Customers' personal data, please refer to the content available on the Site in the “Privacy Policy” area.
2 - Purchase and Payment
2.1. The Customer can place a purchase order for the Products available on the website www.ceramicstore.eu. The order will be considered complete upon payment confirmation.
2.2. Product prices are expressed in Euro and are those indicated on the website www.ceramicstore.eu at the time of the order. These prices do not include any shipping costs or additional taxes, which will be indicated separately during the purchase procedure.
2.3. The Customer can make the payment using the payment methods accepted by Ceramic Store Srl, as indicated on the website at https://www.ceramicstore.eu/it/garanzie/metodi-di-pagamento. Payment must be made according to the methods indicated during the purchase procedure.
2.4. Ceramic Store Srl reserves the right to cancel an order in case of a payment issue or if the order does not meet the requirements established by these Terms of Sale.
2.5. INVOICING - THE INVOICE MUST BE REQUESTED AT THE SAME TIME AS THE PURCHASE ORDER OR AT THE LATEST WITHIN 24 HOURS. CERAMICSTORE WILL NOT ACCEPT REQUESTS SUBMITTED AFTER THE ABOVE DEADLINES.
3 - Conclusion of the Contract
3.1. To conclude the purchase contract for one or more Products through distance or online sale, the Customer must place a Purchase Order for the Products. The contract is formalized when the Seller sends the Customer, at the indicated email address, the confirmation of the Purchase Order. The confirmation email will indicate the date and time of order execution, the essential characteristics of each ordered product, the price (including applicable taxes or duties), any shipping costs charged to the Customer, and a "Customer Order Number" to be used for any future communication with the Seller. The "Customer Order Number" must also be indicated in the reason for the bank transfer payment.
3.2. By sending the Purchase Order, the Customer agrees to comply with these General Terms and Conditions of Sale, including the information on the right of withdrawal described in article 8 of these Terms and Conditions of Sale, as well as any other information contained on the Site and in the "Privacy Policy" area.
3.3. The Seller reserves the right not to accept Purchase Orders that are incomplete, incorrect, or in the case the Products are not available.
3.4. In the event that the Seller does not receive payment within 5 days of sending the purchase order confirmation email, a payment reminder email will be sent to the Customer. If, after a further 5 days from the sending of the reminder email, payment is not received, the contract will be automatically terminated.
4 - Online purchases through the Site www.ceramicstore.eu
4.1. Customers who wish to make purchases through the Site must be of legal age and not legally incapacitated.
4.2. For purchases made through the Site, in addition to what is already indicated in the previous article (article 3), the customer fills out an electronic order form that must be sent to the seller via the Site, following the instructions provided during the online purchase process. Before finalizing the purchase, the customer has the opportunity to correct any data entry errors. The customer can register on the Site by providing the requested data and creating access credentials. It is necessary to provide the seller with a valid email address to allow the sending of all information related to the purchase order, as well as communications required by the General Terms and Conditions of Sale.
4.3. The registration credentials for the Site (email address and password) must be used exclusively by the customer and must not be shared with third parties. The customer agrees to keep them confidential and to ensure that no one else has access to them. The seller will not be responsible in any case for the improper or abusive use of the credentials by third parties other than the customer.
4.4. On the Site, for each product, a "product sheet" will be available containing the description and characteristics of the product, along with one or more representative images. The images and descriptions in the "product sheet" are as accurate as possible but should be considered indicative.
4.5. To view the selected products and their total price, you need to click on the cart icon. It is recommended to check the accuracy of the cart contents before confirming the purchase order. When submitting the purchase order, the customer confirms that they have read and fully accept these General Terms and Conditions of Sale, which are accessible via link, including the withdrawal rights information (article 8) and the Privacy Policy. These conditions are considered read, understood, and accepted at the time the order is submitted.
5 - Product Prices
5.1. Product prices are indicated in Euros and include VAT. Any taxes, duties, or fees applicable in the destination country of the products, other than Italy, will be the responsibility of the customer.
5.2. The seller reserves the right to change product prices at any time. However, any price changes will not apply to customers who have already submitted a purchase order to the seller.
5.3. If a product is offered at a discounted price through the website, the full reference price from which the discount is calculated will be indicated.
5.4. At the seller's discretion, some product offers may be reserved, even temporarily, exclusively for purchases made through the sales channels specified from time to time by the seller (for example, online sales only through the website or in-store sales only, etc.).
6 - Delivery of Products
6.1. Ceramic Store Srl commits to delivering the Products purchased to the address provided by the Customer during the purchase process. Product deliveries are made only within the territory of the European Union.
6.2. For any delivery information, the customer can contact the seller's customer service
6.3. The seller considers the delivery obligation fulfilled when the physical availability of the goods is transferred to the party responsible for transport/shipping.
6.4. Before finalizing the purchase, the estimated shipping date of the products will be indicated. The delivery times shown on the website www.ceramicstore.eu are purely indicative and may vary depending on Product availability and the delivery location. If the order includes products with different shipping times, the estimated date will refer to the item with the latest expected shipment.Ceramic Store Srl commits to providing the Customer with timely and accurate information regarding delivery times.
6.5. Shipping terms start from the moment the seller receives payment. If payment is by Bank Transfer, about 2 days should be counted for payment processing. If payment is made by cash on delivery, the seller may contact the customer to further confirm the order. Under no circumstances can the customer request the seller to postpone the shipping date.
6.6. Purchased products will be delivered via courier chosen by the seller, to the address indicated by the customer in the purchase order, according to the costs and terms specified during the purchase process. Product delivery will be at "curbside" level. Delivery to the floor must be arranged in advance by requesting it via email to info@ceramicstore.eu specifying the full delivery address, the floor to be delivered to, and whether the building has an elevator. The customer can also request the "Delivery Notice" service to know in advance the delivery time window, with an additional cost of 5 euros payable at the time of purchase.
6.7. If the order includes bulky items, they may be shipped on a pallet, which will be delivered along with the items. Disposal of the pallet is the sole responsibility of the customer. The pallet should not be disposed of if the right of withdrawal is to be exercised.
6.8. If after three delivery attempts by the courier it is not possible to deliver the goods to the recipient, the seller will send an email to the customer to inform that the product is in storage. The customer can collect the goods from the warehouse within 10 days. After these 10 days, the seller will have the right to withdraw the product and refund the amount paid by the customer, except for shipping costs which will remain the customer's responsibility. A fee equal to 8% of the order amount, with a minimum of 8 €, will also be retained to cover handling costs.
6.9. The seller is not responsible for failure or delay in delivery due to force majeure causes, such as strikes, public authority measures, energy or raw material shortages or restrictions, transport difficulties, fires, floods, heavy snowfall, flooding, and damage to industrial machinery not attributable to the seller. In case of force majeure, the seller will promptly inform the customer of the event.
6.10. The customer is not allowed to choose the courier. In case of loss or damage to the products for reasons not attributable to the seller, if the customer is a consumer, article 63 paragraph 1 of the Consumer Code https://www.codicedelconsumo.it/parte-iii-artt-33-101/ applies.
6.11. The risk of loss or damage to the Products passes to the Customer at the time of delivery. The Customer is advised to carefully check the Products upon delivery and report any damage or anomalies to the courier or delivery service.
6.12. DIFFICULT LOCATIONS - Couriers, for specific locations (listed in the downloadable list at the link https://shorturl.at/pINUZ ), require a surcharge on the shipping price. This A surcharge is applied to the base rate for shipments destined for ZIP codes/locations identified as difficult, meaning areas notoriously complex and costly to reach. Delivery times may be subject to changes due to force majeure events and/or adverse weather conditions.
6.13. For address change requests, regardless of the reason, a €7.99 surcharge may be required.
7 - Product Compliance
7.1. It is the Customer's responsibility to verify the condition of the Products received within 3 working days. At the time of delivery, the Customer must check that the packaging is intact, not damaged or altered, including the sealing materials (so-called "quality check"). Any damage or alterations to the packaging must be immediately reported to the courier making the delivery. In such cases, the Customer has the right to accept the goods with a "reservation for damaged goods" to be indicated on the courier's transport document. For example: "box with holes on the side," "box opened and without personalized tape," "damaged box," etc. Under no circumstances can the Customer verify the integrity of the Products contained in the packaging in the presence of the courier at the time of delivery, except for the Customer's right to "accept with reservation." It is recommended to follow this procedure even if the package appears visibly intact, as the law states that it is both a right and a duty of the customer to sign with a reservation for inspection. The regulation governing the contract of carriage of goods (art. 1698 CC) establishes that receiving the goods without reservations prevents the recipient from reporting damages to the carrier, except in cases of fraud or gross negligence by the carrier. For this reason, it is difficult to file a claim with the courier for the damage caused. If the package is visibly broken and noises of shards/glass are heard, the Customer is advised to refuse it and report it immediately. The correct guide for receiving products is available at the link https://www.ceramicstore.eu/it/blog/stai-per-ricevere-un-nostro-ordineecco-cosa-fare-prima-di-aprire-il-pacco
7.2. If the product has been damaged during transport, the Customer must notify the Seller within 24 hours by email, providing details of the damage suffered by the product. Furthermore, to benefit from the insurance included in the price, any damages must be reported within 24 hours of receiving the goods to the address info@ceramicstore.eu.
7.3 The Customer is required to perform a check on the Products to verify their correspondence with the ordered items and the absence of defects or further conformity defects.
7.4 In case a conformity defect is found, the Customer has the right to restore the conformity of the good through repair or replacement, at no cost, or has the right to an appropriate price reduction or contract termination.
7.5 If the product has a conformity defect or malfunction, the Customer has the right to access the assistance service to determine the nature and causes of the malfunction. If the inspection reveals that the malfunction is due to manufacturing defects, repair or replacement will be carried out free of charge. However, if the malfunction results from improper use or inadequate maintenance, the Customer will be informed about the possible repair costs. This communication may be made within 15 days of receiving the product.
7.6 The duration of the legal conformity warranty of the goods, in accordance with articles 128 and following of the Consumer Code, is set at 24 months. The Consumer will lose this right if they do not notify the Seller of the conformity defect within 2 (two) months from the date they detected the defect.
8 - Right of Withdrawal
8.1. The Customer, if acting as a Consumer, has the right to withdraw from the purchase of the Products within 14 days from delivery, in accordance with legal provisions. The Professional Customer (holder of a VAT number and who made the purchase requesting the invoice with P.I) does not have the right of withdrawal.
8.2. To exercise the right of withdrawal, the Customer must send a written communication to Ceramic Store Srl via email resi@ceramicstore.eu within 14 days from the delivery of the Products, indicating the intention to withdraw from the purchase, and sending photos of the received products.
Furthermore, the customer is required to provide proof of shipment of the return no later than 14 days from the date of acceptance of the return. If such proof is not provided within the specified time, the return may be considered invalid and will not entitle the customer to any refund.
8.3. In the case of exercising the right of withdrawal, the Customer is required to return the Products to Ceramic Store Srl in the same condition in which they were received, within 14 days from the withdrawal notification.
To ensure the refund, the following conditions must be met:
- Products must be returned complete with their original packaging (boxes, accessories, tags, protections, manuals, etc.).
- Products must be accompanied by the purchase receipt.
- Products returned by the Customer must not have been opened, used, or damaged, but may have been handled and inspected to determine their nature and characteristics. In the case of toilet seats, the protective film enclosing them must not be removed.
- Products that are possibly damaged and subject to return must be returned exactly as they were received by the Customer, without the latter modifying, tampering with, or attempting to repair them.
8.5. The return shipping costs of the Products are borne by the Customer.
8.6. The consumer will be refunded all payments made to Ceramic Store Srl, including delivery costs (except for additional costs resulting from their choice of a delivery type other than the least expensive standard delivery offered by Ceramic Store Srl) without undue delay and in any case no later than 14 days from the day Ceramic Store Srl was informed of their decision to withdraw from this contract.
The costs of returning the Products are borne by the Consumer. It is understood that, to cover the management costs incurred by the seller, a commission equal to 8% of the order amount, with a minimum of €8, will be withheld from the refund.
8.7. Full price refunds may be affected by the following situations:
- The lack of the external packaging and/or the original internal packaging.
- The absence of essential elements of the product (accessories, cables, manuals, parts, etc.).
- Damage to the product.
- An abnormal state of preservation.
8.8. The provisions on the right of withdrawal provided by the Consumer Code apply exclusively for the protection of Consumers and, therefore, do not apply to other categories of customers, for whom the right of withdrawal is expressly excluded (as specified in art. 8.1).
8.9. For orders paid via Soisy financing, withdrawal from the order involves a penalty fee of 80 Euros for management expenses.
8.10. Returns are not possible for orders with in-store pickup. Therefore, it is recommended to check the product at the time of pickup.
9 - Limitation of Liability
Except as provided below for the specific situations governed:
9.1. The Seller shall not be liable for any delays in the delivery of Products offered for sale due to low stock availability at its suppliers.
9.2. To the extent permitted by law, the Seller disclaims all liability if the delivered Products do not comply (in whole or in part) with the regulations of a country other than Italy where the delivery takes place.
9.3. Furthermore, the Seller shall not be liable for non-substantial differences between the Products purchased and the related illustrative images or textual descriptions published on the Site.
9.4. Except in cases of willful misconduct or gross negligence, the Seller's liability shall be limited exclusively to direct and foreseeable damages at the time of purchase of the Products. Therefore, the Seller assumes no responsibility for indirect damages or other types of losses or costs, including, by way of example and not limitation, lost profits or any other damage that is not a direct consequence of its contractual breach or that was not foreseeable at the time of purchase of the Products.
9.5. The Seller shall not be responsible for the fulfillment of obligations by third parties (other than the Seller and its group companies) who may offer commercial guarantees for their products sold on the Site or in the Seller's stores.
10 - Processing of Personal Data
10.1. The processing of Customers' personal data is governed by the Privacy Policy of Ceramic Store Srl, available on the website www.ceramicstore.eu.
10.2. The Customer is required to provide accurate and up-to-date personal data during the purchase process.
11 - Applicable Law and Jurisdiction
11.1. These Terms of Sale are governed and interpreted in accordance with Italian law.
11.2. For any dispute arising from these Terms of Sale, the court of the place of residence or domicile of the Customer, if located in Italian territory, shall have jurisdiction, without prejudice to the rights guaranteed to the Consumer by applicable law.
Effective date of these Terms of Sale: January 2025.