Terms and conditions

General Terms and Conditions of Sale, effective from 29/03/2022.

INTRODUCTION

This information is provided for the website https://www.arredatv.com/ (Site).

Seller Details: DROP STORE by Comandini Gianluca, Viale Savio 5 – 47042 Cesenatico (Forlì-Cesena), Forlì-Cesena Chamber of Commerce, VAT No. 03797880402, Email: info@arredatv.com (Seller).

Art. 1 Scope of application

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 Where made possible by the Site, entering your tax code at the time of a purchase implies that you are acting as a Consumer pursuant to Art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree of 6 September 2005, no. 206). Please note that a "Consumer" is defined as a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may perform. If, however, the option to enter a VAT number (yours or that of a legal entity) is provided, this implies a purchase as a "Professional," pursuant to Art. 3, paragraph I, letter c) of the Consumer Code. A "Professional" is defined as any natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described in the remainder of this document.

1.3 The terms indicated are to be understood as working days, thus excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are intended to be merely indicative. Colors may differ from reality due to the settings of the computer systems or devices you use to view them.

1.4 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site via links, banners, or other hyperlinks.

1.7 Before conducting commercial transactions with such parties, it is necessary to verify their terms of sale.

1.8 The Seller is not responsible for the supply of services and/or the sale of products by such parties.

1.9 The Seller does not perform any checks and/or monitoring of the websites that can be accessed via such links. Therefore, the Seller is not responsible for the content of such sites, nor for any errors and/or omissions and/or violations of law by them.

1.10 You are required to read these General Terms and Conditions of Sale carefully, as well as all other information that the Seller provides on the Site, including during the purchase procedure.

1.11 Unless otherwise agreed with the Seller, it is not possible to place orders via email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.

1.12 The entirety of any element of the Site is the property of the Seller or third parties. Except with specific written consent from the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.

1.13 The Seller shall in no case be held liable to you or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date.

Art. 2 Purchases on the Site

2.1 To make purchases on the Site, you must follow the procedure provided on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you have entered on the Site.

2.3 You warrant that the personal information provided is complete and truthful, and you undertake to hold the Seller harmless and indemnified from any damage, compensatory obligation, and/or penalty resulting from and/or in any way connected to the breach of this undertaking. You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of your login credentials for the Site.

2.4 The Seller reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any legal provision.

2.5 To place orders on the Site, it is necessary to read and approve these General Terms and Conditions of Sale by selecting the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale makes it impossible to make purchases on the Site.

2.6 On the Site: (i) no alcoholic products are sold; (ii) no adult products are sold; (iii) no food products are sold.

2.7 After the purchase, you will receive an order confirmation email.

Art. 3 Product Availability

3.1 The products offered on the Site are in limited numbers. It may therefore happen, also due to the possibility that multiple users purchase the same product simultaneously, that the ordered product is no longer available after the transmission of the purchase order.

3.2 Information on product availability is available on the Site.

3.3 You will be informed in case of unavailability of the ordered product. In this case, you will be entitled to terminate the purchase contract. In any case, please note that before requesting the termination of the contract, the Seller reserves the right to implement these measures:

If restocking is not possible, the Seller will provide a different product of equivalent or greater value, subject to payment of the difference in the latter case, and subject to the express acceptance of the user.
If restocking is possible, a deferral of the delivery terms, offered by the Seller, with an indication of the new delivery date.

3.4 If a refund is requested for the purchase of products that have proven to be unavailable, the Seller will issue the refund within a maximum period of 7 days.

3.5 If you exercise the right of termination, the contract is terminated. In the event that payment of the Total Amount Due—consisting of the price of the Product, shipping costs if applied, and any other additional costs as resulting from the order—has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the "Payment Methods" section below.

Art. 4 Prices

4.1 Prices on the Site include VAT.

4.2 Furthermore, prices on the Site do not include the WEEE (RAEE) contribution, as the products sold are not subject to the relevant regulations.

4.3 The Seller reserves the right to change the price of the Products at any time without notice, provided that the price charged to you will be the one indicated on the Site at the time of placing the order, and that any variations (increase or decrease) subsequent to the transmission of the same will not be taken into account.

4.4 Whether or not shipping costs for the Products are free is indicated from time to time (in the purchase process, on the product page, or generally on the Site itself).

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or credit of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment the Product is handed over to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you other than the carrier, physically enter into possession of the Products.

4.6 The purchase contract is subject to the resolutive condition of failure to pay the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled as a result.

Art. 5 Payment Methods

5.1 This article describes the payment methods available on the Site.

5.2 On the Site, you can purchase using payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has granted authorization for the charge. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), please note that the user may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase operation) and the concurrent knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may result in the impossibility of finalizing the purchase on the Site. The confidential details of the payment card (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. Therefore, the Seller never has access to and does not store, even if you choose to save such data on the Site, the details of your payment card used for the payment of the Products.

5.3 On the Site, it is possible to pay via bank transfer.

5.4 On the Site, it is not possible to purchase via cash on delivery (COD), unless otherwise agreed with the Seller.

5.5 If the value of the discount code is less than that of the order, the remaining sum can be covered using the payment methods provided on the Site. Each discount code can be used for only one purchase. Discount vouchers can under no circumstances be converted into cash.

5.6 Any alternative methods different from those indicated above are or will be described in this article.

On the Site, it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it where you will execute the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the details of the payment card linked to your PayPal account or any other payment instrument connected to that account.

Art. 6 Product Delivery

6.1 Product delivery is provided in: Italy and San Marino

6.2 The delivery obligation is fulfilled by transferring to you the physical availability or, in any case, control of the Product.

6.3 Delivery time of Products from the order submission: indicated on the product page and in the order confirmation.

6.4 The term indicated in Art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days from the submission of the order. It is your responsibility to verify the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you other than the carrier, physically enter into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials. You are invited, in your own interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows clear signs of tampering or alteration, it is advisable to promptly notify the Seller, strictly within no more than 5 calendar days from receipt of the goods.

6.5 With reference to the possibility of requesting delivery of the Products to a "collection point," the Seller informs you that the Site does not offer the possibility of picking up the Product at a "collection point" other than the address provided by you during the purchase process. You are, however, invited to access the Site regularly to check if this delivery option is subsequently made available on the Site.

6.6 The Seller uses the following for its shipments:

- express couriers (TNT, DHL, UPS, etc.) that deliver without prior phone notice. In this case, a tracking number will be provided to the customer to monitor delivery updates.

- non-express couriers (Zust Ambrosetti, Fercam, Italmondo, etc.) that deliver to the customer with prior phone notice. The courier will call the customer to arrange a delivery time slot (not an exact time) and a day (no later than two working days from the day of the call). It is essential to provide a working mobile number that the customer answers, to facilitate the courier's task and avoid storage fees.

- couriers specialized in furniture (Novati Trasporti, Umuve, etc.) that deliver with prior phone notice. It is essential to provide a working mobile number that the customer answers, to facilitate the courier's task and avoid storage fees.

6.7 Unless otherwise agreed, deliveries are made to the street level or TRUCK TAILGATE (i.e., to the point closest to the truck) and NOT to the floor or inside the home, and the assembly of the goods is at the customer's expense.

Art. 7 Right of withdrawal

7.1 You are invited to view this article with particular attention, as it governs the right of withdrawal.

7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being required to provide a reason. If you have purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are listed in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in its entirety.

7.3 If you hold the status of Consumer (and provided no exceptions apply in this regard), you have the right to withdraw from the Product purchase contract without providing any reason and without incurring costs other than those provided for in this article within a period of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you may write to the Seller at the contacts indicated in the Introduction, or use the contact form potentially available on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for their transport. In the event of exercising the right of withdrawal, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:

in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

7.4 Where the right of withdrawal is applicable, the Seller shall refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier of the Consumer's choice and at the Consumer's expense, the Seller may withhold the refund until receipt of the Products or until the Consumer has provided proof of having returned the Products, whichever is earlier. The Consumer is solely responsible for any diminution in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and instruction sheets, with identification tags, labels, and the disposable seal, where present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free of any signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. Therefore, it cannot be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has undergone a diminution in value resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such diminution in value. The Seller will notify the user of this circumstance and the consequent reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due from the user due to the diminution in value of the Product. In the event that the withdrawal has not been exercised in compliance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle the user to any refund. 

7.5 Unlike the above, the costs for returning the Product subject to withdrawal in Italy will be borne by the Seller. Therefore, unless otherwise agreed, the return of the Products to the Seller will take place at the latter's expense and charge. The products must be returned perfectly intact; since they are furniture, they must not have been assembled and then disassembled, as this condition prejudices the possibility that they can be resold. The Products must be packed using the same materials with which they were shipped and must be delivered to the courier at the main entrance. The service of collecting the goods to be returned from the floor is not provided.

Art. 8 Legal Guarantee of Conformity

8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out.

8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that manifests itself within two years of delivery. The action intended to assert defects not maliciously concealed by the Seller is prescribed, in any case, within twenty-six months from the delivery of the goods.

8.3 Unless proven otherwise, it is presumed that lack of conformity that manifests within twelve months of the delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following the delivery of the Product, it will be the Consumer's burden to prove that the lack of conformity already existed at the time of delivery.

8.4 In the event of a lack of conformity of the goods, the Consumer has the right to the restoration of conformity, or to receive a proportional reduction in price, or to the termination of the contract based on the conditions established by Art. 135-bis et seq. of the Consumer Code.

8.5 The Seller is not liable in the event of damages of any nature resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damages resulting from accidental events or force majeure.

8.6 If you have made the purchase in your capacity as a Professional, the previous paragraphs of this article do not apply. In this case, the legal guarantee is governed by Art. 1490 et seq. of the Civil Code; in particular, the deadline for reporting any defects is 8 days from discovery and the action is prescribed in 1 year from delivery.

Art. 9 Manufacturer's Guarantee

The Manufacturer's Guarantee is a supplementary guarantee to the Legal Guarantee of Conformity that may be provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Guarantee. You may in any case assert your rights provided for by the Legal Guarantee of Conformity governed by the previous article.

Art. 10 Applicable law and competent court; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 The application of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved for consumer users who do not have their habitual residence in Italy.

10.3 It is recalled that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. 

10.4 In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the Court where the Seller has its registered office is competent, pursuant to the provisions of the Preamble.

10.5 The Seller informs the user who qualifies as a Consumer that, in the event that they have filed a complaint directly with the Seller, following which it has not been possible to resolve the dispute that has arisen, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute itself.

10.6 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved.

10.7 The right of the Consumer user to refer the matter to the ordinary judge competent for the dispute deriving from these General Terms and Conditions of Sale is in any case reserved, whatever the outcome of the out-of-court dispute resolution procedure through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

Users residing in an EU Member State other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, Euro 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

Art. 11 Customer Service

11.1 You can request information, send communications, request assistance, or lodge complaints by contacting the Seller at the contact details indicated in the Preamble, or by using the contact form that may be present on the Site.

11.2 The Seller responds within an indicative time of 4 days.

Art. 12 Miscellaneous

12.1 This document fully governs the relationship between you and the Seller. Any rights and obligations provided for by the law from time to time applicable are in any case reserved.