Ceramic Store Ltd., located at 149 Messigno Street, Pompei (NA), is a company engaged in the sale of bathroom furnishings 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 website, in full compliance with current national and European regulations, 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 provisions of the Civil Code, unless otherwise specified below (hereinafter referred to as the "General Terms and Conditions of Sale" or "Terms of Sale").
Definitions
For the purposes of these Terms of Sale, the following definitions apply: Customer: an individual or legal entity that purchases products offered by Ceramic Store Ltd. through the website www.ceramicstore.eu, either for purposes unrelated to any entrepreneurial or professional activity ("Consumer") or for purposes related to their own entrepreneurial or professional activity ("Professional").Consumer: an individual who, when purchasing products, acts for purposes unrelated to any entrepreneurial or professional activity.Professional: an individual or legal entity acting in the exercise of their own entrepreneurial, commercial, artisanal, or professional activity, or an intermediary.Product: any movable property, including bathroom furnishings, marketed by Ceramic Store Ltd. through the website www.ceramicstore.eu.Purchase Order (or "Order"): the document, in digital format, sent by the Customer to Ceramic Store Ltd. at the end of the purchasing procedure. The Order is binding for the Customer and implies acceptance of these General Terms and Conditions of Sale, including the right of withdrawal and the Privacy Policy.Confirmation of the Purchase Order (or "Order Confirmation"): the email sent by Ceramic Store Ltd. to the Customer to confirm the 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 Ltd. and the Customer. The purchase of Products through the website www.ceramicstore.eu implies the unconditional acceptance of these Terms of Sale. 1.2. Before making a purchase, the Customer is advised to carefully read the Terms of Sale. In case of disagreement with one or more clauses of the Terms of Sale, the Customer is required not to proceed with the purchase of the Products. 1.3. Ceramic Store Ltd. 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 review the Terms of Sale before making a purchase. 1.4. These General Terms and Conditions apply exclusively to the sale of products offered by the Seller. They do not regulate the sale of products by other parties, even if hyperlinks, links, or banners referring to such products are present on the Website. Therefore, the Customer is advised to verify the general terms and conditions of sale applied by such parties before placing orders or making purchases. The Seller cannot be held responsible for the provision of goods or services by third parties or for the purchase of products from other suppliers through hyperlinks, links, or banners present on the Website. 1.5 For information regarding the processing of Customers' personal data, please refer to the content available on the Website in the "Privacy Policy" section.
2 - Purchase and Payment
2.1. The Customer can place an order to purchase the Products available on the website www.ceramicstore.eu. The order will be considered complete upon payment confirmation. 2.2. The prices of the Products are stated in Euros and are those indicated on the website www.ceramicstore.eu at the time of the order. These prices do not include any shipping charges or additional taxes, which will be indicated separately during the purchase process. 2.3. The Customer can make the payment using the payment methods accepted by Ceramic Store Srl, as indicated on the website at the page https://www.ceramicstore.eu/en/warranties/payment-methods. The payment must be made according to the instructions provided during the purchase process. 2.4. Ceramic Store Srl reserves the right to cancel an order in case of payment issues or if the order does not meet the requirements set forth in these Terms of Sale. 2.5. INVOICE - THE INVOICE MUST BE REQUESTED AT THE SAME TIME AS THE PURCHASE ORDER OR WITHIN 24 HOURS AT THE LATEST. CERAMICSTORE WILL NOT ACCEPT REQUESTS SUBMITTED AFTER THE ABOVE DEADLINES.
3- Contract Conclusion
3.1. To conclude the purchase contract of one or more Products through distance or online selling, the Customer must place an Order to Purchase the Products. The contract is formalized when the Seller sends the Order Confirmation to the Customer's provided email address. The confirmation email will include the date and time of the order execution, the essential characteristics of each ordered product, the price (including applicable taxes), any shipping costs borne by 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 Order to Purchase, the Customer agrees to comply with these General Sales Conditions, including the withdrawal right described in Article 8 of these Terms of Sale, as well as any other information contained on the website and in the "Privacy Policy" section. 3.3. The Seller reserves the right not to accept Orders to Purchase that are incomplete, incorrect, or if the Products are unavailable. 3.4. In case the Seller does not receive payment within 5 days from sending the Order Confirmation email, a payment reminder email will be sent to the Customer. If payment is not received after an additional 5 days from the sent reminder, the contract will be automatically terminated.
4- Online Purchases through the website www.ceramicstore.eu
4.1. Customers who wish to make purchases through the website must be of legal age and not be legally incapacitated. 4.2. For purchases made through the website, in addition to what has already been indicated in the previous article (Article 3), the Customer fills out an electronic order form that must be sent to the Seller through the website, 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 website by providing the requested information and creating login credentials. A valid email address must be provided to allow the Seller to send all order-related information and communications as outlined in the General Sales Conditions. 4.3. The registration credentials for the website (email address and password) must be used exclusively by the Customer and should not be shared with third parties. The Customer undertakes to keep them confidential and ensure that no one else has access to them. The Seller will not be responsible for any improper or abusive use of the credentials by third parties other than the Customer. 4.4. On the website, for each product, there will be a "product sheet" containing the description and characteristics of the product, along with one or more representative images. The images and descriptions present in the "product sheet" are as accurate as possible but should be considered as indicative. 4.5. To view the selected products and their total price, it is necessary to click on the shopping cart icon. It is recommended to verify the accuracy of the cart contents before confirming the purchase order. By submitting the purchase order, the customer confirms that they are fully aware of and accept these General Sales Conditions, which are accessible through a link, including the information on the right of withdrawal (Article 8) and the Privacy Policy. These conditions are considered read, understood, and accepted at the time of order submission.
5- Prices of Products
5.1. The prices of the products are stated in Euros and include VAT. Any applicable taxes, duties, or fees in the destination country of the products, other than Italy, will be borne by the customer. 5.2. The seller reserves the right to modify the prices of the products at any time. However, any price changes will not be applied to customers who have already submitted a purchase order to the seller. 5.3. In the case of a product being offered at a discounted price through the website, the full reference price, against 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 specified sales channels as determined by the seller from time to time (e.g., online sales only through the website or in-store sales only, etc.).
6- Delivery of Products
6.1. Ceramic Store Srl undertakes to deliver the purchased products to the address indicated by the customer during the purchase process. Product deliveries are made only within the territory of the European Union. 6.2. For any information regarding delivery, 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 transportation/shipping. 6.4. Prior to finalizing the purchase, the estimated shipping date of the products will be indicated. The delivery times indicated on the website www.ceramicstore.eu are purely indicative and may vary depending on the availability of the products 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 is committed to providing the customer with timely and accurate information regarding delivery times. 6.5. The shipping terms start from the moment the seller receives the payment. If payment is made by bank transfer, approximately 2 days should be calculated for payment processing. If payment is made on delivery, the seller may contact the customer for further order confirmation. In no case can the customer request the seller to postpone the shipping date. 6.6. The purchased products will be delivered via a 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. The products will be delivered at the "curbside" level. Delivery to the floor can be arranged by requesting it via email to info@ceramicstore.eu, specifying the complete delivery address, the floor to which it should be delivered, and whether the building has an elevator. The customer can also request the "Delivery Notification" service to know the expected delivery time slot in advance, with an additional cost of 5 euros to be paid at the time of the purchase order. 6.7. If the order includes bulky items, they may be shipped on a pallet, which will be delivered along with the items. The disposal of the pallet will be the sole responsibility of the customer. The pallet should not be disposed of if the customer intends to exercise the right of withdrawal. 6.8. If the courier attempts delivery of the goods three times without success, the seller will send an email to the customer notifying them that the product is in storage. The customer can retrieve the goods from the warehouse within 10 days. After these 10 days, the seller has the right to retrieve the product and refund the customer the amount paid, excluding the shipping costs which remain the customer's responsibility. 6.9. The seller is not responsible for non-delivery or delayed delivery due to force majeure, such as strikes, measures by public authorities, energy or raw material limitations or shortages, transportation difficulties, fires, floods, heavy snowfall, floods, and damage to industrial machinery not attributable to the seller. In the event of force majeure, the seller will promptly inform the customer of the occurrence. 6.10. The customer is not allowed to choose the courier. In the event of loss or damage to the products not attributable to the seller, if the customer is a consumer, Article 63, paragraph 1 of the Consumer Code applies: https://www.codicedelconsumo.it/parte-iii-artt-33-101/. 6.11. The risk of loss or damage to the products passes to the customer upon delivery. It is recommended that the customer carefully check the products upon delivery and report any damage or anomalies to the courier or delivery service.
7- Product Compliance
7.1. It is the customer's responsibility to verify the condition of the received productswithin 3 working days . Upon delivery, the customer must check that the packaging is intact, undamaged, or altered, including closure materials (so-called "quality check"). Any damage or alterations to the packaging must be immediately reported to the delivering courier. In such cases, the customer has the right to accept the goods with a "reservation of control for damaged goods" to be indicated on the courier's transport document. For example: "box with holes on the side," "box open and without personalized tape," "damaged box," etc. Under no circumstances can the customer verify the integrity of the products inside 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 advisable to follow this procedure even if the package appears to be visibly intact, as the law states that it is both the customer's right and duty to sign with a reservation of control. The provision governing the contract of carriage of goods (Art. 1698 of the Civil Code) stipulates that the recipient's acceptance of transported goods without reservations prevents them from reporting damages to the carrier, except in cases of the carrier's fraud or gross negligence. For this reason, it is difficult to file a claim with the courier for the damage caused. If the package appears visibly damaged and there are sounds of broken glass or ceramics, it is recommended that the customer refuse it and report it immediately. The correct procedure for receiving products is available at the following link: https://www.ceramicstore.eu/it/blog/stai-per-ricevere-un-nostro-ordineecco-cosa-fare-prima-di-aprire-il-pacco 7.2. In the event that the product has been damaged during transportation, 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 email address info@ceramicstore.eu. 7.3 The Customer is obliged to check the Products in order to verify the correspondence with the ordered items and the absence of defects or further conformity defects. 7.4 If a conformity defect is found, the Customer shall have the right to have the conformity of the goods restored by repair or replacement, at no cost, or shall have the right to an appropriate reduction in the price or to termination of the contract. 7.5 If the product exhibits a conformity defect or malfunction, the Customer shall have the right to access the service in order to determine the nature and cause of the malfunction. If the inspection reveals that the malfunctioning is due to a manufacturing defect, repair or replacement shall be carried out free of charge. However, if the malfunction results from improper use or inadequate maintenance, the Customer will be informed of the possible costs of repair. Notice to this effect may be given within 15 days of receipt of the product. 7.6 The duration of the legal guarantee of conformity of goods, in accordance with Article 128 et seq. of the Consumer Code, is set at 24 months. The Consumer shall lose this right if he does not notify the Seller of the conformity defect within 2 (two) months from the date on which he detected the defect.
8- Right of Withdrawal
8.1. The customer, acting as a consumer, has the right to withdraw from the purchase of products within 14 days from the delivery, in accordance with legal provisions. The professional customer (business customer) 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 at 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. 8.3. In case of exercising the right of withdrawal, the customer is required to return the products to Ceramic Store Srl in the same condition as received, within 14 days from the communication of withdrawal. The following conditions must be met for the seller to accept the return:
The products must be returned complete with their original packaging (boxes, accessories, tags, protections, manuals, etc.).
The products must be accompanied by the purchase receipt.
The products returned by the customer must not have been opened, used, or damaged, but they may have been handled and inspected to determine their nature and characteristics. In the case of toilet seats, the protective film enclosing them should not be removed.
Any damaged products subject to return must be returned exactly as they were received by the customer, without the customer modifying, tampering, or attempting to repair them.
8.4. Returns are not possible for products in the OUTLET category, customizations, and telephone orders for products not listed in the web catalog. 8.5. The customer is responsible for the return shipping costs of the products. 8.6. Once the returned products are received and their integrity verified, Ceramic Store Srl will proceed with the refund of the price paid by the customer, excluding the original shipping costs, within 14 days from the receipt of the products. 8.7. The right of withdrawal will not be valid in cases where there is a defect in the substantial integrity of the returned goods, such as the following situations:
Absence of the external packaging and/or original internal packaging.
Lack of essential elements of the product (accessories, cables, manuals, parts, etc.).
Damage to the product.
An abnormal state of preservation.
If the customer loses the right of withdrawal due to these circumstances, the seller will return the purchased product to the customer, but the shipping costs will be borne by the customer.
8.7. 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 Article 8.1). 8.8. For orders with Soisy financing payment, withdrawal from the order requires payment of a penalty for management expenses amounting to 80 euros.
9- Limitation of Liability
Except as provided below for specific regulated situations: 9.1. The Seller shall not be liable for any delays in the delivery of the Products offered for sale due to limited stock availability from its suppliers. 9.2. To the extent permitted by law, the Seller disclaims any 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 purchased Products and their respective illustrative images or textual descriptions published on the Website. 9.4. Unless in cases of fraud or gross negligence, the Seller's liability shall be limited exclusively to direct and foreseeable damages at the time of purchasing the Products. Therefore, the Seller assumes no responsibility for indirect damages or other types of losses or costs, including, but not limited to, lost profits or any other damage that is not a direct consequence of its contractual non-compliance or that was not foreseeable at the time of purchasing the Products. 9.5. The Seller shall not be responsible for fulfilling the obligations of third parties (other than the Seller and its group companies) who may offer commercial warranties for their products sold on the Website or in the Seller's stores.
10- Personal Data Processing
10.1. The processing of Customers' personal data is governed by Ceramic Store Srl's Privacy Policy, which can be accessed 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 competent court shall be the one located in the place of residence or domicile of the Customer, if located within Italian territory, without prejudice to the rights guaranteed to the Consumer by the applicable law. Effective Date of these Terms of Sale: January 2023.
