General Terms and Conditions of Sale
Art. 1 - General Provisions.
These General Provisions (hereinafter, "General Terms") govern the offline sale of products offered on the website sales.colombomilano1911.com (hereinafter also the "Site") between the selling company, Manifattura Colombo Trecate S.r.l. - V.le di Porta Vercellina 2 - 20123 Milan (Italy) - Tax Code and VAT No.: 00740430152, Share Capital Euro xxxxx i.v., registered with the Companies' Register of Milan at No. 00740430152 (hereinafter, the "Supplier") and the users who buy Products on the Site (hereinafter, the "Customer").
Please read the following terms and conditions carefully. Access to and use of this Site and the services available through the Site (the "Services") are subject to the following terms, General Terms and Conditions, and notices (the "Terms of Service"). By using the Services, you agree to all of the Terms of Service, which may be updated by the Provider from time to time. You should check this page regularly to take note of any changes that the Provider makes to the Terms of Service. Failure to accept these terms, even at a later time, will prevent your use of this Site.
This Site allows the request for a quotation and not the conclusion of an actual purchase. The Supplier, upon receipt of the request for a quotation, will contact the Customer to finalize the sale after making arrangements on payment terms and shipping times. The contract will then be concluded outside the website.
Access to the platform and viewing of catalogs and prices is free and without obligation, but is allowed upon registration to valid Customers in possession of VAT number. The products available on the Site are sold throughout Europe.
To contact the Supplier at any time, you can use the appropriate contact references available in Art. 12 - Customer Support - in this document.
Art. 2 - Pre-contractual Information.
The Customer, prior to the conclusion of the request for quotation, takes a look at the characteristics of the goods that are illustrated in the individual sheets of each Product, but has the opportunity to go into further details with the Supplier's customer care.
The Customer is required to fill out accurately and truthfully all the data requested during the quotation request to enable the staff to process the request and draw up the sales proposal accurately.
The Customer must be of legal age, have a valid business and VAT number, and must register in order to purchase on the site.
Dropshipping is not allowed; the order will be delivered to the customer's address only.
Art. 3 - Order.
Within the Site some products have a minimum purchase (marked in a prominent place), but there is no total order minimum.
Once the final order confirmed by the Supplier has been received, The Customer, who intends to proceed with the purchase of the Products, must make payment through one of the methods proposed by the Supplier.
The personal data communicated for payment will be processed by the Supplier in order to follow up the order request and the related invoicing.
Article 4 - Prices.
Unless otherwise stated in writing, all sales prices of the Products are in Euros (excluding VAT and to be applied on the basis of the country of destination and on the basis of the relevant international regulations in force) .
Shipping is free of charge above € 500 + vat.
Below € 500, shipping costs are not included in the price of the Products, but are communicated later when we have the data to be able to estimate them.
Art. 5 - Method of payment.
Payment may be made by credit card, bank transfer, immediate bank transfer or through Paypal.
The data and communications related to the payment take place on special protected lines and with all the guarantees assured by the use of the security protocols provided by the electronic payment circuits.
In case of payment by card, the charge will be applied at the time of purchase.
Art. 6 - Right of withdrawal for the Consumer.
6.1. Subject to the exceptions referred to in art.59 of the Consumer Code
the Customer cd. Consumer has a period of 14 days to withdraw from the contract, without having to provide any reasons.
Without prejudice to art. 53 of the Consumer Code, the withdrawal period just explained ends after 14 days from the day on which the consumer or a third party (other than the carrier and designated by the consumer) acquires physical possession of the goods or: (1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party (other than the carrier and designated by the consumer) acquires physical possession of the last good; (2) in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the consumer or a third party (other than the carrier and designated by the consumer) acquires physical possession of the last lot or piece;
6.2. Before the expiration of the withdrawal period better explained in 6.1 above.
The consumer informs the Supplier of his decision to exercise the right to withdraw from the contract, by telephone on 02 9754092, or by writing an e-mail to cotrec@colombotrecate1911.com; the cost of returning the goods (as well as all the risks of the relevant transportation) will be borne entirely by the Customer.
The goods must be sent to the following address: Manifattura Colombo Trecate Srl, via Donizetti 53, 20010 Boffalora Sopra Ticino; the Customer shall keep proof of the goods returned to the Supplier.
6.3. All returns made after the legally valid terms for the right of withdrawal must be previously and expressly authorized in writing by the Supplier.
6.4. Pursuant to Article 57 of the Consumer Code.
The Customer cd. Consumer is obliged to return the goods to the Supplier, without undue delay and, in any case, within 14 days from the date on which he communicated to the Supplier, his decision to withdraw from the sales contract; the deadline is met if the Customer cd. Consumer returns the goods before the expiration of the 14-day period.
6.5. In case of valid and timely exercise of the right of withdrawal by the Customer cd. Consumer, pursuant to Article 56 of the Consumer Code.
The Supplier, shall refund to the former the payment received, without undue delay and in any case within the period of 14 days from the time it was informed of the exercise of the right of withdrawal by the Customer cd. Consumer.
The Supplier, shall make the refund referred to in the first period using the same means of payment used by the Customer cd. Consumer for the initial transaction, unless the latter has expressly agreed otherwise.
6.6. In compliance with paragraph 3 of Article 56 of the Consumer Code.
The Supplier reserves the right to withhold the refund to be executed in favor of the Customer cd. Consumer withdrawing until it has received the goods or until the Customer cd. Consumer has not proved that he has returned the goods to the Supplier.
6.7. The goods subject to a valid and timely right of withdrawal exercised by the Customer cd. Consumer
Must be returned to the Supplier in the same condition in which the former had received it, complete with all its elements, with the original packaging of any tags, and without the Customer cd. Consumer has used, consumed or damaged it; the Supplier reserves the right not to accept the return of products by the Customer cd. Consumer where the same have been altered in their essential characteristics and / or quality or where the same have been damaged: in this case, the Supplier will return to the Customer cd. Consumer the goods, charging the latter for the relevant shipping costs.
6.8. The right of withdrawal described above is not excluded in all the cases expressly provided for in Article 59 of the Consumer Code, to whose regulatory requirements we refer in full.
Art. 7 - Mode of Delivery.
The Supplier will make delivery of the products purchased by the Customer through specialized carriers specially appointed by the Supplier.
Delivery times are those indicated in the purchase order and specified in the purchase order confirmation and may vary based on the destination, type of product, amount and volume of the goods.
The Supplier shall not be responsible for delays caused by the incorrect communication of addresses and other information necessary to make delivery of the Products.
Upon delivery of the Products to the Customer by the carrier in charge of their transportation, the Customer shall check, in the presence of the carrier, that:
- the quantity and type of the Products ordered corresponds to what is indicated in the transport document;
- the packaging used for transport is intact, undamaged or otherwise altered, even if only in the sealing materials;
- the quantity and type of Products delivered corresponds to what was ordered.
In the event that the packaging shows obvious signs of tampering or alteration, the Customer must notify the Supplier by e-mail and/or registered letter a/r within the next 24 hours.
For each order placed, the Supplier will issue an invoice for the goods shipped, sent by e-mail or mail to the order holder or inserted in the package shipped to the Customer.
Art. 8 - Warranty.
8.1. Pursuant to Article 130 of the Consumer Code.
The Supplier is liable to the Customer cd. Consumer as defined by art. 3 lett. a) of the Consumer Code, for any lack of conformity existing at the time of delivery of the goods; in this case, the Customer cd.Consumer has the right to the restoration, without cost, of the conformity of the good by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6 of art. 130 of the Consumer Code, or to an appropriate reduction in price or termination of the sales contract, in accordance with paragraphs 7, 8 and 9 of art. 130 of the Consumer Code: in this regard, the Supplier notes that, pursuant to paragraph 10 of art. 130 of the Consumer Code, a minor lack of conformity for which it has not been possible or excessively burdensome to exhaust the remedies of repair or replacement, does not entitle the Supplier to termination of the contract.
8.2 In observance of Article 132 of the Consumer Code.
The Supplier is responsible for the case better described in 8.1 above. Where the lack of conformity is manifested within the period of two years from delivery of the goods: in this regard, the Supplier, also notes that, pursuant to paragraph 2 of Article 132 of the Consumer Code, the Customer cd. Consumer shall forfeit his rights under Article 130 paragraph 2 of the Consumer Code if he does not report the lack of conformity to the seller within the term of 2 months from the date on which he discovered it.
8.3. In order to be able to take advantage of the warranty better illustrated in points 8.1. and 8.2. above
The Customer cd. Consumer is obliged without fail to provide the so-called proof of purchase as well as proof of the actual delivery of the goods by the Supplier.
8.4. In the event that the Customer is a professional as defined by art. 3 paragraph 1 letter c) of the Consumer Code.
He has the right to make use of the cd. legal warranty provided by the current Italian Civil Code, which provides that the same is valid for the term of 1 year from delivery of the product, provided that, under penalty of forfeiture, the Customer cd. professional has reported the relative lack of conformity within the term of 8 days from the discovery of the same.
8.5. The products offered for sale by the Supplier on its website are found to comply with the current Italian national or EU legislation.
The images and colors of the goods offered for sale on the website of the Supplier is intended as an indication and illustration, with the result that the Customer (whether it is the so-called Consumer or the so-called Professional) is required to refer only to the characteristics described in the data sheet (if any) of the relevant product: therefore, any inaccuracies or differences of a non-substantial nature between what is represented on the website of the Supplier and the product delivered to the Customer are not to be considered a breach of contract.
Art. 9 - Applicable Law and Jurisdiction.
The contract of sale concluded according to these General Conditions is understood to be concluded in Italy and governed by Italian law.
Any dispute relating to the interpretation, execution, validity of the contract of sale concluded by means of the Site, shall be subject to the exclusive jurisdiction of the Court of Milan, except where the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business.
Art. 10 - Complaint.
Any complaint must be addressed to the Supplier by sending a pec to: mct@legalmail.it
According to Art. 49 paragraph 1 letter V of the Consumer Code, the Consumer Customer may make use of the Netcomm Joint Conciliation procedure for the amicable handling and out-of-court resolution of any issues that may arise regarding the sale concluded according to these General Terms and Conditions.
The procedure may be initiated if the Consumer, after having submitted a complaint to the Supplier, within 30 days, has not received a response or has received a response that is not satisfactory to him/her. The Consumer who decides to make use of the Joint Procedure is obliged to forward the claim to: conciliazione@consorzionetcomm.it or fax number 02/8781126. For more information, please refer to the following address: www.consorzionetcomm.it
In addition, in accordance with Article 14 of EU Regulation 524/2013 we inform the Consumer Customer that in case of a dispute he/she may file a complaint by means of the ODR platform of the European Union that can be reached at the following link: http://ec.europa.eu/consumers/
Art. 11 - Customer Support.
For any requests for assistance, the Supplier can be contacted by phone at 02 9754092 (Monday - Friday hours 8:00- 12 , 13:30-17:30) via e-mail at info@colombomilano1911.com or via WhatsApp at 3755480975.
Art. 12 - Site content and intellectual property rights.
The contents of the Site such as, but not limited to, the works, images, photographs, dialogues, music, videos, documents, drawings, figures, logos and any other material published on the Site are protected by copyright and any other intellectual property rights of the Provider, and other rights holders.
Reproducing, modifying, duplicating, copying or otherwise exploiting the images and contents of the Site is prohibited unless previously authorized in writing by the Provider. Any use of the contents of the Site for commercial and/or advertising purposes is also prohibited.
The Customer may only use photographs of the products purchased.
Article 13 - Processing of Personal Data.
The Customer's data are processed by the Supplier in accordance with the provisions of the legislation on the protection of personal data, as better specified in the Information Notice available in the appropriate Privacy section on the Site.