Terms and conditions of sale

Terms and Conditions

Preamble

The offer of this online shop is proposed by Di Paolo Trade S.r.l. in compliance with the current regulations on e-commerce and distance contracts.

Di Paolo Trade S.r.l. is an official authorised retailer of all the Brands present on the site.

Company data:

DI PAOLO TRADE S.R.L.

Via Cesare Battisti, 80

64020 BELLANTE (TERAMO)

P.I. 01978750675

Email: [email protected]

Tel. +39 0861 616436

The Customer declares to have read all the above information and general sales conditions before placing the order.

General Terms and Conditions of Sale

The present general terms and conditions govern the methods of sale of the products marketed by Di Paolo Trade (the "Products").

All contracts for the sale of Products by Di Paolo Trade S.r.l. to third parties (the "Customers") are regulated by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the Products themselves. The sales conditions applicable to orders are those in force on the date of the order itself.

1. Products: prices and characteristics

Unless otherwise indicated, the prices of the Products published on the website by Di Paolo Trade S.r.l. are expressed in Euros and include VAT. Shipping costs are excluded.

Shipments outside the European Community (non-EU) are also net of any customs duties, which shall be borne by the consignee and will be requested by the forwarding agent during delivery.

The price guaranteed to the purchaser is that published on the Site at the time the order is sent. The price established at the time of purchase is fixed and final.

The prices of the Products published from time to time by Di Paolo Trade S.r.l. on the Site cancel and replace the previous ones and are subject to the actual availability of the Products.

The prices of discounted products remain as such until stock availability is exhausted, which can always be consulted. In the event of a reorder to the supplier, prices may be updated and there is no guarantee that the same price will be charged as the item was previously.

The technical and functional characteristics relating to the Products, published by Di Paolo Trade S.r.l. through its own information messages on the Internet pages describing the articles, are those communicated by the respective manufacturers. Di Paolo Trade S.r.l. does not assume any responsibility regarding the truthfulness and completeness of such information. Product images are indicative and not binding.

Products are not supplied on trial. Although the operators of Di Paolo Trade may provide indications on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the compliance and conformity to his own needs of the specifications indicated by each manufacturer.

2. Orders - invoicing

Each order of Products transmitted to Di Paolo Trade S.r.l. constitutes the Customer's contractual proposal. Fulfillment of the order by Di Paolo Trade S.r.l. is equivalent to confirmation and acceptance of the same.

The fiscal documentation relating to the ordered Products shall be issued by Di Paolo Trade S.r.l. at the time of shipment of the Products to the Customer.

The Customer shall indicate the exact data necessary for invoicing and specify the shipping address of the invoice itself.

3. Execution of the order

The order shall be executed within the terms specified on the Site.

Once confirmed, the order can only be cancelled within 24 hours, after which the customer is obliged to pay. In accordance with the relevant laws, the customer may still withdraw from the contract within 14 days, following our Returns Policy (see point 9).

In the event of non-execution of the order by Di Paolo Trade S.r.l. (if the same is due to unavailability of the Products ordered by the Customer), Di Paolo Trade S.r.l. shall inform the Customer as soon as possible of the expected delivery time for the supply of the missing Product. If the Client does not intend to wait this time, in any case not longer than 30 working days, Di Paolo Trade S.r.l. shall reimburse any sums already paid by the latter for the unfulfilled supply.

In the event of breakage, depletion of stock or unavailability of the Product ordered, Di Paolo Trade S.r.l. undertakes to inform the Client as soon as possible and specify a deadline for availability.

The Client shall confirm by e-mail his choice, i.e. wait for the availability of the Product or ask for its reimbursement.

4. Order Acceptance

The contract shall be concluded only upon confirmation of the order by Di Paolo Trade S.r.l.

The Customer shall receive by fax, post or email a notification of receipt containing the order confirmation with all the elements constituting the contract (products, prices, delivery dates, shipping costs, ...)

Di Paolo Trade S.r.l. reserves the right not to confirm an order for any reason whatsoever relating in particular to a problem concerning the order received or the supply of Products.

5. Delivery of Products

The Products are delivered to the address indicated by the Customer.

Shipments shall take place upon receipt of payment confirmation: for bank transfer the crediting to our current account shall be deemed valid, for payment by credit card the confirmation of the transaction by the circuit.

For our shipments we rely on the service of qualified express couriers such as DHL, FedEx, TNT or couriers specialised in the delivery of furniture and furnishings to guarantee the quality of the service and the integrity of the Products.

 - Standard Shipping

Products in stock are delivered by express courier within 5 working days in Italy, within 7 working days in Europe, within 8 working days for all other destinations. In the case of large orders and/or particularly fragile products, shipment is made by specialised couriers with variable delivery times depending on the volume and destination of the goods. The shipping time of an order containing items with different delivery times is equal to the longer shipping time of the items in the order. Within each product sheet, the availability time of the item from the time of order is indicated. To these must be added the standard or specialised courier shipping times indicated above, depending on the destination and volume of the order.

For example, a non-stock item with an availability of 2-3 weeks will be available in logistics within a maximum of 3 weeks after order confirmation. From the arrival of the goods in the warehouse, standard shipping times will be calculated with delivery within 5 working days to Italy, 7 working days to Europe and 8 working days to all other destinations.

The delivery time of an order containing articles with different delivery times is equal to the longer delivery time of the articles in the order. Any delays in delivery of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnity of any kind.

Di Paolo Trade S.r.l. has the right to make a request for delivery of the Products (even relative to the same order) in several successive stages, should it deem this appropriate.

Delivery shall be considered as executed from the moment the Product is delivered to the Customer.

The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, shall constitute proof of transport and release of the Product.

- Floor Deliveries and Assembly

Deliveries are intended exclusively at street level and no collection of used goods.

Special delivery terms and conditions shall be agreed upon in advance between the Customer and Di Paolo Trade S.r.l. and accepted in writing by Di Paolo Trade S.r.l.

Di Paolo Trade S.r.l. does not offer assembly services unless previously agreed in writing.

Most of our products travel pre-assembled: assembly is in most cases quite simple and consists of assembling already defined parts.

It is important to know that:

Upon delivery, the Customer shall check the content, conformity and condition of the Product(s). Therefore, upon delivery, Di Paolo Trade S.r.l. recommends the Customer to proceed to check the state of the Products delivered before signing the acknowledgement of receipt, and to make sure in particular

- that the number of packages delivered corresponds to that indicated in the transport document attached to the shipment;

- that the packaging is intact, not damaged, not wet or in any way altered, and to check the integrity of the contents.

If the Customer finds any anomalies, he must refuse delivery of the products or put his reservations in writing in a detailed and dated document. If the courier's document is signed without affixing any 'reservation', the Customer may not object to the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.

Di Paolo Trade S.r.l. has the right, at its sole discretion, to deliver the Products ordered by means of a courier chosen by it.

6. Withdrawal of products in the event of the customer's absence

In the event of the recipient's absence during delivery, the carrier will leave a notice at the delivery address indicated by the Customer. The Products shall be collected at the address and in the manner indicated by the carrier.

In the event of failure to collect the Products within the term established by the carrier, the Products shall be returned to Di Paolo Trade S.r.l., which reserves the right to refund the price of the Products, leaving the shipping costs to be paid by the Customer.

In the event of an error concerning the Product, the Customer undertakes to return the Product or Products concerned to Di Paolo Trade S.r.l. within 7 (seven) days from receipt, with the unopened package, in their original state and packaging and with the accompanying documents.

Once the Product has been received in the correct form and manner, Di Paolo Trade S.r.l. shall return, at its own expense, the Product originally ordered.

7. Force majeure

The following cases are explicitly considered as cases of force majeure, in addition to those normally considered by jurisprudence

- total or partial strikes, internal or external to the company, the blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer failures, the blocking of telecommunications including networks and in particular the internet.

In the event of force majeure, the execution of the order shall initially be suspended as of right.

If a period of 3 (three) months has elapsed and the parties ascertain the persistence of the case of force majeure, the order shall automatically be cancelled, unless otherwise agreed by both parties.

8. Product warranties - Technical assistance

Di Paolo Trade S.r.l. guarantees only the material integrity of the Products at the time of delivery (hereinafter, the "Di Paolo Trade S.r.l. Guarantee").

8.1 Any defects covered by Di Paolo Trade S.r.l. Warranty must be reported by the Customer, under penalty of forfeiture, within and no later than 10 (ten) days from the date of delivery. Should the Di Paolo Trade S.r.l. Warranty be operative, the Customer shall only be entitled to the replacement of the damaged Products upon return of the same, the Customer's right to compensation for any damage, even further, being excluded. Shipping costs necessary for the replacement of Products shall be borne by Di Paolo Trade S.r.l.

8.2 Without prejudice to the provisions of article 8.1 above, Di Paolo Trade S.r.l. does not provide any warranty on the Products other than that provided by the individual Manufacturers. Technical assistance and interventions under warranty on the Products are carried out, where foreseen, by the individual Manufacturers, according to the terms and methods reported in the documentation attached to the Products themselves. In particular, Di Paolo Trade S.r.l. does not provide any guarantee as to the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee as to the suitability of the Products for the specific use intended by the Customer.

8.3 Without prejudice to cases of willful misconduct or gross negligence of Di Paolo Trade S.r.l., it is agreed as of now that, should Di Paolo Trade S.r.l. be found liable for any reason to the Client - including the case of total or partial non-fulfilment of the obligations undertaken by Di Paolo Trade On Line Store towards the Client as a result of the execution of an order - the liability of Di Paolo Trade S.r.l. shall not exceed the price of the Products purchased by the Client and for which the dispute arose.

9. Right of withdrawal

9.1 Pursuant to Article 5 of Legislative Decree No. 185 of 22 May 1999, the Customer (if he/she qualifies as a "consumer" pursuant to Article 1 letter b) of Legislative Decree No. 185 of 22 May 1999) has the right to withdraw from the contract and return the Products ordered, without any penalty and without specifying the reason, within 14 (fourteen) days from receipt of the Products.

9.2 The right of withdrawal referred to in Article 9.1 above may be exercised by the Customer, without stating a reason, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the goods.

In order to exercise the right of withdrawal, the Customer shall inform us by means of an express declaration, no later than the time limits indicated above, e.g:

by mail:

DI PAOLO TRADE S.R.L.

Via Cesare Battisti, 80

64020 BELLANTE (TERAMO)

P.I. 01978750675

Email: [email protected]

Tel. +39 0861 616436

For this purpose, you may use the enclosed model withdrawal form, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

9.3 Effects of Withdrawal

Upon withdrawal from the contract, the Customer shall be refunded all payments made to us, including the costs of delivery (with the exception of any additional costs resulting from choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of the decision to withdraw from this contract.  

Such reimbursement shall be made using the same means of payment as was used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer shall not incur any costs as a consequence of such reimbursement.

Reimbursement may be suspended until receipt of the goods or until the consumer proves that he has returned the goods, whichever is earlier.

9.4 The returned goods shall be sent back or delivered to us at the address

DI PAOLO TRADE S.R.L.

Via Cesare Battisti, 80

64020 BELLANTE (TERAMO)

P.I. 01978750675

Email: [email protected]

Tel. +39 0861 616436

without delay and in any case within 14 days from the day on which the Customer communicated to us his withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.

The direct costs of returning the goods shall be borne by the Customer.

9.5 The Customer shall only be liable for the diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The returned goods shall be returned in resalable condition.

9.6 The right of withdrawal referred to in article 9.1 above may not be exercised by the Client in the event that the purchased Products have been made according to the Client's requests, are customised, or may deteriorate or expire rapidly.

9.7 Di Paolo Trade S.r.l. recommends the Customer to

- verify the state of the Products delivered before signing the receipt notice, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;

- check that the packaging is intact, not damaged, not wet or in any way altered;

- check the integrity of the contents.

If any discrepancies are found, the Customer may refuse to accept the package, signing its refusal.

10. Payment

Payment is due at the time the order is placed.

The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as, if necessary, to pay or have paid directly to the courier or transporter the VAT or other taxes relating to the import of the Products in the countries where delivery will take place.

The Customer shall pay for the order

- by credit card as proposed on the Site.

The Customer guarantees Di Paolo Trade S.r.l. that he/she has any authorisations necessary to use the card payment method when placing the order.

- or by bank transfer in favour of Di Paolo Trade S.r.l.

If Di Paolo Trade S.r.l. does not receive the bank transfer within 14 days after the order confirmation, Di Paolo Trade S.r.l. reserves the right to cancel the order. Bank details shall be provided at the time the order is placed.

- or by immediate bank transfer

- or by Paypal.

The Customer guarantees Di Paolo Trade S.r.l. the fact that he has any necessary authorization to use the Paypal payment method when placing the order.

11. Non-payment - Retention of title

The Products ordered remain the property of Di Paolo Trade S.r.l. until final payment in full of their price (pursuant to Art. 1523 et seq. of the CC.) Di Paolo Trade S.r.l. reserves the right to claim the Products ordered in the event of non-payment.

In this hypothesis and at the request of Di Paolo Trade S.r.l., the Customer undertakes to return any unpaid Products, at his own expense.

12. Complaints

Complaints regarding the non-conformity of the Product(s) delivered with the order must be received in writing directly by Di Paolo Trade S.r.l., immediately after receipt of the goods, by sending an e-mail to [email protected].  

We advise the Customer to keep the original packaging and the delivery document.

13. Named information

Computer processing of information, including the management of e-mail addresses of users of the site, is carried out in accordance with legal provisions.

The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guarantee contracts.

For this purpose, this information may be communicated to contractual partners of Di Paolo Trade S.r.l.

The customer may object to such communication and in accordance with the law avail himself of the right to access, modify, rectify and delete data concerning him by contacting Di Paolo Trade S.r.l.

In order to avoid any attempt at fraud, Di Paolo Trade S.r.l. may ask you for proof of your identity and domicile.

14. Electronic signature

The "validation click" constitutes an electronic signature.

This electronic signature has the same value between the parties as a handwritten signature.

15. Non-waiver

For Di Paolo Trade S.r.l., the fact of not enforcing a failure by the Customer with respect to any of its obligations shall not be interpreted as a waiver of the obligation in question and of the possibility of enforcing this failure at a later date.

16. Entirety of the contract

These general terms and conditions constitute the entirety of the parties' obligations.

No other general or particular conditions communicated by the Customer may be included in or depart from these general conditions.

17. Intellectual Property

Di Paolo Trade S.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online shop catalogue, consequently, the partial or total reproduction, on any type of medium, of the elements that make up the Site and the catalogue, their use as well as their transfer to third parties are formally prohibited.

18. Invalidity

Should one or more provisions of these general terms and conditions be considered invalid or be declared invalid by application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.

19. Jurisdiction

In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to art. 1 letter b) of Legislative Decree no. 185 of 22 May 1999), any dispute in any way connected to these General Conditions shall be referred to the exclusive jurisdiction of the Court of Teramo.