TERMS AND CONDITIONS
The following describes the terms and conditions under which Alberti Collezioni offers users access to its services available on the website www.alberticollezioni.it.
1. Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:
Owner: Viciani Stefano d.i., with registered office in viale Marconi, 48, 53036 Poggibonsi (SI), VAT number IT01232840528, telephone number +39.329.9267009, email address info@alberticollezioni.it, PEC info@pec.viciani.com;
Site: the website www.alberticollezioni.it, managed by the Owner, an e-commerce for the sale of furniture items;
Products: the products offered through the Site;
User: the person who accesses the Site, without distinction of legal nature and purpose pursued, interested in the Products offered through the Site;
Consumer: a natural person who acts for purposes unrelated to any commercial, artisanal or professional entrepreneurial activity carried out;
Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered through the Site.
2. Stipulation, conclusion and effectiveness of the Conditions
The purchase contract of the Products is concluded by accurately completing and sending the order form. This form contains the details of the person ordering and the order, the price of the Product purchased, any additional charges, the payment methods and terms, the address where the Product will be delivered, the delivery times and the existence of the right of withdrawal as well as consent to the processing of personal data.
When the Owner receives the order from the User, he will send a confirmation email or display a printable web page confirming and summarizing the order, which will also contain the data referred to in the previous point.
The Conditions are not considered effective between the parties in the absence of what is indicated in the previous point.
The Owner may modify or simply update, in whole or in part, these Conditions. The User acknowledges and accepts that any changes to these Conditions will apply to orders sent by Users after the date of communication of the modification of the Conditions. The User is therefore invited to view the Conditions each time he or she accesses the Site and is advised to print a copy for future reference.
3. Registration
In order to use some features of the Site, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these Conditions. The User is responsible for safeguarding his/her access credentials.
It is understood that in no case may the Owner be held responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of the Users’ access credentials.
4. Account cancellation and closure
Registered Users may deactivate their accounts or request their cancellation through the Site interface or by sending a written communication to the email address info@alberticollezioni.it
The Owner, in the event of violation by the User of these Conditions or applicable legal provisions, reserves the right to suspend or close the User’s account at any time and without notice.
5. Purchases on the Site
The purchase of one or more Products through the Site is permitted both to Users who are Consumers and to Users who are not Consumers.
Pursuant to art. 3, paragraph I, letter a) of Legislative Decree 206/2005 (“Consumer Code”), we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out, have the status of Consumers.
Natural persons are permitted to purchase only on condition that they are at least 18 (eighteen) years old.
The Owner undertakes to describe and present the Products sold on the Site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the Site and the actual Product may arise, which are possible for hand-made products. Furthermore, any photographs of the Products on the Site do not constitute a contractual element, as they are merely representative.
The User expressly grants the Owner the right to accept even only partially the order placed (for example in the case in which not all the Products ordered are available). In this case, the contract will be considered perfected in relation to the Products actually sold.
The Owner reserves the right to refuse an order:
1. when the Product is not available;
2. when authorization to charge the cost of the Product to the User is denied;
3. when at the time of purchase a price is indicated that is clearly incorrect and recognizable as such. In this case, the User will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
The site does not provide the possibility of making online transactions.
After the User has sent the order, the Owner will send an Order Confirmation with the bank details for payment of the purchase.
The User must carefully and attentively verify the exact correspondence of the goods indicated therein with those ordered by the User.
6. Prices, payment and transport
The Owner reserves the right to change, at any time, the price of the Products and any shipping costs for the same. It is understood that any changes will not in any case affect contracts already concluded before the change.
The sales prices of the Products include VAT, if applicable; any other tax and/or shipping cost to be paid by the User will be indicated before the purchase is confirmed.
The User undertakes to pay the price of the purchased Product in the times and ways indicated on the Site.
Payment can be made by bank transfer to the details provided by the Owner
Payment terms: 50% deposit upon order; 50% before shipping the goods.
Production of the purchased Products will begin only upon receipt of the deposit.
Any refund to the User will be credited promptly by bank transfer and, in the event of exercising the right of withdrawal, at the latest within 14 days from the date on which the Owner became aware of the withdrawal itself.
Should such third-party tools deny authorization for payment, the Owner will not be able to provide the Products and will not be liable for any delay or failure to deliver.
Transport is free within the Italian national territory with the exception of smaller islands, lagoons, historic centers with limited traffic and areas that are difficult to reach with a lorry.
For these areas there may be additional charges to be evaluated at the time together with the designated carrier.
For transport abroad, the cost requested by the carrier will be charged.
Free transport does not apply to partial purchases of products and/or spare parts (e.g. glass, stones and cushions).
7. Invoicing
The User is always provided with an invoice for the products purchased. The invoice will be issued based on the information provided by the User, which he declares and guarantees to be true, releasing the Owner from any and all liability in this regard.
8. Delivery methods for material Products
A material Product means any movable or digital good supplied on a material medium offered through the Site.
The ordered material Products will be delivered to the User, at the address indicated by the User, in the manner indicated on the Site at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Delivery will take place via courier, if possible on a pallet.
Delivery is always at street level (and NOT on the floor) unless previously agreed in writing.
Upon receipt, the User is required to verify the conformity of the delivered Product with the order placed; only after this verification will the delivery documents be signed, without prejudice to the right of withdrawal.
If an order exceeds the quantity available in the warehouse, the Owner will notify the User by email whether the Product can no longer be booked or what the waiting times are to obtain it, asking whether the User intends to confirm the order or not.
The Owner assumes no responsibility for the delay or failure to deliver the Product attributable to causes of force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, execution within the agreed times.
The Owner will not be liable towards any party or third parties for damages, losses and costs incurred as a result of the failure to execute the contract for the causes mentioned above, the User being only entitled to the refund of any price paid.
9. Right of withdrawal of material Products
The User who is a consumer and who for any reason is not satisfied with the purchase of material Products has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason within 14 days from the date of delivery of the Product.
It is understood that the right of withdrawal referred to in the previous paragraph is excluded in the following cases: supply of Products made to measure or clearly personalized, such as most of the products on the Site
In order to withdraw from the contract, the User must contact the Owner at the email address info@alberticollezioni.it. The sending of the communication may validly be replaced by the return of the purchased Product, provided that it is within the same terms. The date of delivery to the carrier will be valid between the parties.
In the event of withdrawal, the Owner will refund the payments received from the User as well as the delivery costs without undue delay and, in any case, no later than 14 days from the day on which the User communicated to the Owner that he/she wishes to withdraw from the contract.
The Owner will refund the User using the same payment methods used by the User for the online purchase.
The User must return the Products at his/her own expense, without undue delay and in any case within 14 days from the date on which he/she communicated to the Owner his/her decision to withdraw.
The User is responsible for the integrity of the Product as long as the same item is in his/her possession and must take all appropriate measures to preserve the Product and do everything possible to ensure that the Product is returned in the best possible conditions. The Product must not have been subjected to manipulation other than that necessary to establish the nature, characteristics and functioning of the Product.
10. Optional form to exercise the right of withdrawal
Optionally, the User may withdraw using the following form, which must be filled out in its entirety and sent to the email address info@alberticollezioni.it, before the expiry of the withdrawal period:
With this form I communicate the withdrawal from the sales contract relating to the following goods/services:
A-_____________________________________________________________________
B-_____________________________________________________________________
C-_____________________________________________________________________
Order number: _______ Ordered on: _______
Name and Surname: _______ Address: ______
Email associated with the account from which the order was placed: _________________________________ Date: _________________
11. Guarantee of conformity
All Products that fall into the category of “consumer goods”, as regulated by art. 128, 2nd paragraph of the Consumer Code, sold through the Site are covered by the legal guarantee of conformity provided for by arts. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for Consumers. It therefore applies only to Users who have made the purchase through the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out.
Those who have purchased on the Site and who do not have the status of Consumers will be subject to the guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations (art. 1490 et seq. c.c.).
The lack of conformity that occurs within 24 months from the date of purchase of the Product must be reported within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is presumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. After six months, the User will have to provide proof that the damage was not caused by incorrect or improper use of the Product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the Product, the User has the right to have the Product’s conformity restored, free of charge. To this end, the User can normally choose between repairing the Product or replacing it. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous. Furthermore, the User has the right to an appropriate reduction in the price or to terminate the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively expensive; ii) the Owner has not carried out the repair or replacement within a reasonable time; iii) the replacement or repair has caused significant inconvenience to the consumer.
If the User intends to take advantage of the remedies provided by the legal guarantee accompanying the Products, he/she must contact the Owner at the email address info@alberticollezioni.it. The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.
12. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Site and/or the materials and contents available on the Site.
These Conditions do not grant the User any license to use the Site and/or individual Contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominal and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing on the Site are and remain the property of the Owner or its licensees and are protected by the laws in force on trademarks and related international treaties.
Any reproduction in any form of the explanatory texts and contents of the Site, if not authorized, will be considered violations of the intellectual and industrial property rights of the Owner.
13. Limitation of Liability
The Owner assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment for the services purchased, if it can demonstrate that it has taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The User undertakes to indemnify and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend itself in court, which may arise in the face of damage caused to other Users or third parties, in relation to the Content uploaded or the violation of the terms of the law or the terms of these Conditions.
Therefore, the Owner will not be liable for:
1. any losses that are not a direct consequence of the breach of the contract by the Owner;
2. any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example and not limited to, commercial losses, loss of revenues, income, profits or presumed savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
4. the issuing of incorrect tax documents due to errors relating to the data provided by the User, the latter being the only person responsible for the correct entry.
In no event may the Owner be held liable for an amount greater than double the cost paid by the User.
14. Force majeure
The Owner cannot be held liable for failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will such as, by way of example and not limited to, failures or interruptions to telephone or electrical lines, the Internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications.
The fulfillment of the obligations by the Owner will be considered suspended for the period in which force majeure events occur.
The Owner will take any action in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
16. Invalidity of individual clauses
If any provision of these Conditions is found to be illegal or invalid, it will not be considered part of the Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
17. Privacy
The protection and processing of personal data will be in accordance with the Privacy Policy, which can be consulted on the page www.alberticollezioni.it/privacy
19. Applicable law and competent court
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based.
If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right for the User-consumer to appeal to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in arts. 18, 19 and 20 of the civil procedure code.
20. Online dispute resolution for consumers
The Consumer resident in Europe must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, the Consumer can use this platform to resolve any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
Last update 01/01/2025