General Conditions
In-es.artdesign S.r.l.s.
Tax code and VAT number: 12851871009
REA registration number: 1405074
Registered office: Viale Giulio Cesare 47 – 00192 – Roma (RM)
Operational headquarters: Via Nettunense 14 km 6,800 – 00072 – Ariccia (RM)
telephone number: (+39) 06 96840520
e-mail address: info@in-es.com
website: shop.in-es.com
1. General Dispositions
These General Conditions regulate access, use of the Website and the sale of goods offered by In-es.artdesign S.r.l.s. through its Website, the rights and obligations arising from the contract concluded with the Customer as well as the forms of advertising sent to the Customer. In-es.artdesign S.r.l.s. may modify or suspend its Website at the address shop.in-es.com without notice. The User has the right to unrestricted and free of charge access to the public information contained therein. The User undertakes to use the Website and any service connected to it, data or information exclusively for lawful purposes and in compliance with all the conditions of use wherever specified on the Website. In-es.artdesign S.r.l.s. is totally exonerated from any liability deriving from any illicit use and/or from the violation of any applicable legislation.
2. Definitions
2.1. Comunication with In-es.artdesign S.r.l.s.
In-es.artdesign S.r.l.s. declares that it wishes to be contacted, except as specified below, at the e-mail address: info@in-es.com, or at the telephone number: (+39) 0696840520, from Monday to Friday 09:00-13: 00 / 14.00-18.00.
2.2 Website
The website owned by In-es.artdesign S.r.l.s. is distinguished by the domain shop.in-es.com.
2.3. Client
By Customer we mean the subject indicated in the purchase order, with whom the contract is concluded in compliance with the provisions of these general contract conditions. The Client will be classified:
• as Consumer: a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
2.4. General Conditions
The clauses contained in this document constitute General Conditions. These constitute an integral and substantial part of the contract that will exist between the Customer and In-es.artdesign S.r.l.s. With the Proposal to Purchase the goods to these accessories, the Customer expresses his will to In-es.artdesign S.r.l.s. to buy the goods indicated in these General Conditions and in the other conditions indicated on the Website.
2.5. Order Confirmation
The Order Confirmation is represented by the communication sent by In-es.artdesign S.r.l.s. to the Customer by e-mail as acceptance of the Purchase Proposal formulated by the Customer. The Order Confirmation is valid as an act of completion of the sales contract.
2.6 Contract
It refers to the contract for the sale of goods concluded by the Customer with In-es.artdesign S.r.l.s. with the Purchase Proposal / Order Confirmation formula.
2.7. Transporter
Person in charge of delivering the goods to the Customer.
3. Purchase Agreement
3.1. Purchase Proposal
When submitting a Purchase Proposal, In-es.artdesign S.r.l.s. will electronically store all the information, including personal information, contained therein, providing for the assignment of a progressive order number. In-es.artdesign S.r.l.s. will be free to accept it or not within three working days of its receipt. The Customer’s Proposal constitutes an irrevocable offer to purchase the Service or Product chosen on the basis of these General Contract Conditions.
3.2. Aceptance of the Purchase Proposal
In case of acceptance of the Purchase Proposal by In-es.artdesign S.r.l.s. the Customer will receive an Order Confirmation by e-mail. The Order Confirmation will be effective when it is sent to the e-mail address communicated by the Customer. NB: In any case In-es.artdesign S.r.l.s. is unable to deliver the goods ordered by the Customer, the latter will promptly contact the Customer to inform him and offer him alternatively purchasable goods of equivalent or higher value and quality. If the Customer deems he does not like alternative products, the contract will be considered legally terminated with reference to the goods that cannot be delivered. The Customer will be entitled to a refund of any amount already paid for this purpose. In the event that In-es.artdesign S.r.l.s. should not be able to deliver the ordered goods to the Customer, the liability will not go beyond the return to the Customer of the amounts already paid, without any compensation for non-performance, emerging damage or loss of profit being received in favor of either party. The cancellation cannot be made if the order has already been shipped: in this case it is necessary to activate the return procedure.
4. Purchase price and payment
4.1. Determination of the sales price
The final sale price includes the price of the purchased goods/s indicated on the Website including VAT and shipping costs.
4.2. Unilateral Price Changes
In-es.artdesign S.r.l.s. reserves, unilaterally and at any time, the right to change the price of the goods and services indicated on its Website. In order to guarantee the Customer the transparency and security of the price of the goods purchased.
4.3. Payment terms
The payment of the sums due following the conclusion of the Contract can only take place using one of the methods indicated in the Order Confirmation. The choice of the payment method by the Customer may lead to a deferment of the delivery times of the goods which will only take place following the completion of the payment itself. Payment for orders on shop.in-es.com is always advanced, whatever the payment method chosen. Below are the data to complete the payment by bank transfer:
BENEFICIARY: In-es.artdesign S.r.l.s.
IBAN: IT95X0538703224000035325811
BIC/SWIFT: BPMOIT22XXX
BANK: BPER BANK
REASON: Order In-es.artdesign # (indicate order number)
4.4. Domain Reserved
Pursuant to and for the purposes of article 1523 of the Civil Code, In-es.artdesign S.r.l.s. reserves the domain and will retain full ownership of the Product sold until full payment by the Customer.
4.5. Fatturazione
In-es.artdesign S.r.l.s. will issue for each order, in addition to the transport document that will accompany the goods, a specific tax invoice, made out to the physical or legal person who placed the order, which will be delivered via e-mail to the address designated by the Customer. The Customer is solely responsible for the accuracy and truthfulness of the information provided to In-es.artdesign S.r.l.s. for billing purposes.
5. Delivery of goods, terms and conditions
In-es.artdesign S.r.l.s. in the commercial perspective of procuring the maximum possible satisfaction to the Customers, will endeavor to deliver the goods purchased by the Customers in the shortest possible time. Delivery times may vary in consideration of a series of factors, including the method of payment and the place of delivery. The terms of quantitative availability and delivery of the goods communicated by In-es.artdesign S.r.l.s. must be considered indicative and non-essential. The risk deriving from the loss, damage and manipulation of the purchased goods will pass to the Customer from the moment of their delivery to them.
5.1. Availability of goods
In-es.artdesign S.r.l.s. in the commercial perspective of procuring the maximum possible satisfaction to the Customers, it will endeavor to deliver the goods purchased by the Customers in the shortest possible time. Delivery times may vary in consideration of a series of factors, including the method of payment and the place of delivery. The terms of quantitative availability and delivery of the goods communicated by In-es.artdesign S.r.l.s. must be considered indicative and non-essential. The risk deriving from the loss, damage and manipulation of the purchased goods will pass to the Customer from the moment of their delivery to the same.
5.2. Delivery of the goods
In-es.artdesign S.r.l.s. will use Carriers for the delivery of goods purchased by Customers. The Carrier will deliver the goods together with a fiscal transport document containing the information necessary to identify the Customer. The Customer is required to confirm his identity by exhibiting an identification document or a possible proxy. Once the products ordered have been delivered to the Carrier, In-es.artdesign S.r.l.s. will send the Customer a confirmation of shipment by e-mail. In any case, the transport document will constitute proof of delivery to the Carrier.
5.3. Place of deliver of goods
The goods purchased by the Customer will be delivered to the address indicated in the Purchase Proposal. Any and subsequent changes to the place of delivery with respect to the one originally indicated requested by the Customer may produce additional costs with respect to the sale price which will be borne by the same. In-es.artdesign S.r.l.s. will promptly notify the Customer. Changes in the delivery address must be communicated by the Customer to In-es.artdesign S.r.l.s. by sending an e-mail to info@in-es.com and will be accepted only if the shipment has not already been made.
5.4. Insurance of the goods
In-es.artdesign S.r.l.s. guarantees that all orders processed will always be covered by insurance against the risks of transport, loss, damage and handling. Important: for the insurance coverage to be valid, it is essential that the customer signs for “DAMAGED GOODS”, even if the package appears intact. If the customer accepts the goods and signs the transport document without adding this note, he will not subsequently be able to claim for any loss, manipulation or damage due to transport.
5.5. Damage during transport
Upon delivery of the goods, the Customer is required to check:
• that the number of packages delivered corresponds to what is indicated in the transport document (delivery note);
• that the packaging is intact (not wet, punctured, folded or otherwise).
Any external damage or the mismatch in the number of packages must be immediately notified in writing to the operator that takes care of the delivery, adding the words “I ACCEPT WITH RESERVE + REASON (e.g. cardboard with holes, broken polystyrene, or other)” on the document that the courier will ask you to sign. If the courier refuses to accept the signature for unchecked goods, the customer has the right to refuse the goods or ask the courier to open it and verify its integrity. If there are problems upon delivery, do not hesitate to contact us immediately on our number (+39) 06 96840520. By no means, it is important not to be persuaded to include wordings such as “control reserve for goods to be verified” or “internal control reserve” or “specific control reserve” etc. In fact, the aforementioned cannot be challenged at an insurance level as they indicate a declaration of intact package at the time of delivery, which we reserve the right to check at a later time, but, by signing this way, the courier is exempted from all liability and will not have right to a free replacement in case of hidden damage. If the package is intact externally, but the customer recognizes the fragile nature of the product inside, please check if suspicious noises of presumable breakage of the contents come from moving the package from the package, to be reported to the driver always through the reserve specific. If the customer accepts the goods and signs the transport document or the electronic PDA without making the necessary specifications, he will not be able to subsequently claim any losses, manipulations, damages due to transport. Disputes reported in this way will be confirmed to In-es.artdesign S.r.l.s. by sending an email to info@in-es.com, by email within seven calendar days of receiving the goods. Upon receipt of the Customer’s communication, In-es.artdesign S.r.l.s. will ask the courier to open a transport damage case. Once the presence of transport damage has been approved, In-es.artdesign S.r.l.s. will, at the Customer’s choice, organize the repair of the product, or send a replacement product. No further additional costs may be charged to the Customer for the aforementioned procedure. Any report received after the deadline will not be taken into consideration. The Customer assumes full responsibility for what was declared at the time of delivery.
6. Right to withdrawal
If the goods purchased from In-es.artdesign S.r.l.s. are defective, the client may return the same and obtain a refund of the price already paid at the time of advance payment.
6.1. Costs of returning an order
The costs of sending the product from the Customer to In-es.artdesign S.r.l.s. . will remain the exclusive responsibility of the Customer..
The refund amount is equal to the value of the goods purchased – shipping costs will not be refunded. In the event of refusal of delivery of the order during shipping, by the customer’s will, the expenses incurred by In-es.artdesign S.r.l.s. will be deducted from the refund amount. for return management. Shipping costs (sending from In-es.artdesign S.r.l.s. srl to the Customer and return to In-es.artdesign S.r.l.s.) plus any additional charges incurred by In-es.artdesign S.r.l.s. are to be understood as return management costs. (stocks, additional costs for further delivery variations and mobilization of the goods)
6.2. Exclusion of the right to withdrawal
The Consumer Customer who intends to exercise the right of withdrawal must notify In-es.artdesign S.r.l.s. no later than 14 (fourteen) working days following the delivery of the goods by e-mail to info@in-es.com. The communication must indicate: • the Customer’s will to exercise the right of withdrawal; • the order number, the number and date of the invoice and of the transport document; • the goods for which the right of withdrawal is exercised; • the methods for re-crediting the sums which will take place exclusively by crediting the credit card or by bank transfer. The return of the goods must take place within 14 (fourteen) days of sending the notice of withdrawal exclusively by carrier or postal service. The goods must be returned completely intact and in the original packaging, also intact. The risk of loss of the goods, damage or manipulation during transport necessary for the return shall be borne by the Customer, without prejudice to the latter’s right to insure the shipment, bearing the related costs. From receipt of the goods to their return, the Customer is required to keep them intact and keep them with the utmost care and diligence together with the original internal and external packaging as well as all accessories, manuals and other documents. The returned goods must not show signs of wear and/or damage, the Customer being allowed to try them on in order to make a decision about their purchase. In case of use of the goods for any other purpose except as established above, the return will not be accepted. The refund of the amount paid in advance will be made by In-es.artdesign S.r.l.s. no later than 7 (seven) working days from receipt of the notice of withdrawal, after verifying the correct procedure indicated in these clauses and after verifying the integrity and functionality of the returned goods, accessories and packaging. The incorrect exercise of the right of withdrawal, according to the regulatory and contractual provisions, legitimizes In-es.artdesign S.r.l.s. to return the products returned by the Customer to the sender, with additional transport costs.
6.3. Exclusion of the right to withdrawal
The right of withdrawal is excluded for:
• exercise of the right of withdrawal in a manner that does not comply with the regulatory provisions and/or with these General Contract Conditions;
• alteration of the original conditions of the goods for any reason;
• excessive use of the goods beyond the mere evidence for the purchase decision;
• sale of customized goods requested by the Customer;
7. Warranties on goods sold
7.1. Guarantee of conformity
The guarantee of conformity is valid:
• 24 months from the invoice date of the goods for sales made to Consumer Customers;
The guarantee of conformity is valid for the following defects:
• delivery of goods other than those ordered by the Customer;
• non-compliance of the goods with the characteristics, use and qualities normally belonging to products of the same type;
• if the asset does not have the essential characteristics that allow it to function correctly;
In case of delivery of goods different from those purchased by the Customer or in case of delivery of goods that do not respond to the characteristics, use and qualities normally belonging to those of the same type, the Customer must notify In-es.artdesign S.r.l.s. within 14 (fourteen) days of delivery if the discrepancy is obvious or within 8 (eight) days of discovery if the discrepancy is hidden or not easily identifiable by e-mail to info@in-es.com.
In case of delivery of a non-compliant good, the Customer has the right to have it replaced with the originally purchased good or, if this is not possible, In-es.artdesign S.r.l.s. will offer the Customer an asset of equivalent or greater value. The Customer forfeits the right to enforce the aforementioned guarantee if he does not report the lack of conformity within 2 (two) months of its discovery. In the event of liability for damage caused by a defective product. In-es.artdesign S.r.l.s. will not be responsible for any damages that may arise from misuse or wear, unprofessional handling or installation, malfunction due to a short circuit. The warranty does not apply in the event of factors unrelated to the normal use of the product, such as voltage increases or decreases, use of inappropriate accessories or accessories prohibited by the manufacturers, falls, water, fire or incorrect or abusive use by the Customer or third parties persons not authorized by the manufacturer. The guarantee is also excluded for defects that were already known to the customer at the time of purchase.
7.2. How to return goods under warranty
The Customer who intends to return a purchased good by activating the guarantee procedure in these General Contract Conditions and in order to enforce it must:
• report the defect to In-es.artdesign S.r.l.s. via e-mail;
• simultaneously communicate the order number, the number and date of the invoice and the transport document;
• contact by e-mail In-es.artdesign S.r.l.s. within 10 (ten) days of sending the complaint relating to the defective goods in order to agree on the methods for returning the goods.
In-es.artdesign S.r.l.s. undertakes to inform the Customer of the place and methods of shipment, reserving the right to arrange for collection with its own Carrier. If the Customer fails to agree with In-es.artdesign S.r.l.s. the methods of exercising the guarantee, including the methods of relating to the return of the product, will forfeit the right to enforce the guarantee. Received the goods In-es.artdesign S.r.l.s. will activate the control procedure, and if the defect is found, will send the repaired product or the replacement product to the Customer. The serial number of the product deemed defective or non-compliant must correspond to the one present in the commercial archives of In-es.artdesign S.r.l.s. If this is not the result, the Customer will not be entitled to any refund, indemnity, repair or replacement. If the returned goods are not affected by defects, In-es.artdesign S.r.l.s. will inform the Customer about the costs necessary for its repair or replacement. The costs relating to the transport of the products that do not present defects will be charged to the Customer. In case of complaint of lack of conformity, In-es.artdesign S.r.l.s. will promptly contact the Customer to inform him and possibly propose the replacement of the faulty product with alternative products of equivalent or superior value and quality. The verification, repair or replacement procedure may take a few days.
8. Intellectual and indutrial property
In-es.artdesign S.r.l.s. is the owner of the intellectual and industrial property rights of the site shop.in-es.com and of the related brand. Therefore, the reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, of the trademark, distinctive signs and contents of the Site is prohibited.