The conditions proposed by this e-shop regulate the sale and purchase agreement (here in after, the “agreement”) of the products (here in after, the “product” or “products”) offered by Cleto Munari design Associati srl, Via A. Chinotto 3, 36100 Vicenza, Italy, VAT IT 00804030245, through the website www.cletomunari.com (hereinafter, the “website”) to the website’s users (hereinafter, the “customers” or “customer”).
These terms and conditions set out the rights and obligations of the parties in the context of distance selling of products offered in the online store www.cletomunari.com in compliance with current regulations in regards to electronic goods and distance selling.
Company’s information
Cleto Munari Design Associati srl, Via A. Chinotto 3, 36100 Vicenza, Italy, VAT IT 00804030245.
Phone: +39 0444 323318.
Email: info@cletomunari.com.
Preamble
All the information contained in this website www.cletomunari.com are written in English and Italian. By making an order, the customer accepts all liability for all the information regarding the company’s policy of sale.
1. Acceptance of company’s conditions of sale
By making a purchase order, the customer accepts unconditionally and is also responsible to abide by the general conditions and the conditions of payment in his account with Cleto Munari Design Associati srl.
The customer also declares to have observed and accepted all the contents presented.
Furthermore, the application of any clauses is excluded, unless however in complies with the rules and regulations of Cleto Munari Design Associati srl.
2. Territory and offer’s coverage
This version of the general conditions of sale refers to sales made to consumers who have their domicile or residence whether in Italy or abroad.
3. Customer’s obligations
The general conditions of sale must be examined on line by any customer visiting www.cletomunari.com before making a payment, no matter the method of payment (telephone, email, internet, other).
The submission of the order confirmation therefore implies a total understanding and a complete acceptance of these general conditions of sale. Once purchased, the customer should print and retain a copy of these general conditions of sale.
The customer shall purchase the products in consultation with the technical descriptions presented online. Therefore he is the only responsible of his choice and of the product suitability.
4. Accountability
It is part of the responsibility and obligations of the customer to inquire about the specific compatibility of his purchase with his personal needs.
The products are not supplied on a trial. Although the site could provide useful information about the features of the products, the customer is responsible for choosing the ordered products and for the compliance and conformity of the specifications with his own needs. The published images are illustrative and their quality could depend on the tool provided by the customer.
Cleto Munari Design Associati srl does not assume any responsibility for the problems caused by the customer’s use of the website.
5. Prices
The purchase is made by the customer and it is related to the available, illustrated and described products shown in their respective pages (images are approximate).
The established price is fixed and final. It does not include the delivery costs, that are charged separetely and will be indicated during the order confirmation or later on with an email.
All product prices are VAT inclusive except where explicitly stated otherwise.
For delivery in Europe, prices include VAT appropriate to the day of order. No other VAT or tax will be added at customs for a delivery in Europe. Whatever tax changes may occur at any time, and that may have an affect on prices of products in the catalogue.
For delivery outside of European Union, the customer must settle the customs duty tax imposed, VAT or other taxes which may be imposed in order to deliver the product.
The customer is the only responsible for the related formalities, unless otherwise specified. The customer is also the only responsible for verifying the delivery and the possibility of delivering in his own country.
6. Payment
The customer has the responsibility to pay directly to the carrier or to the transporter the customs taxes, VAT or other taxes concerning the importation of products in the countries where they will be delivered.
The payment of the purchased products and of the shipping costs will be paid by the customer through these modes: Credit card, Pay pal or bank transfer. (The various payment methods will be explained during the purchasing procedure).
Payment by bank transfer is subjected to the following conditions: the bank transfer must be received within 10 working days from the order. After that date the order will become void. The goods will be shipped only after having verified the credit at our c/c transfer.
The ordered products are property of Cleto Munari design Associati srl until the final payment of the total price (in accordance with Article 1523 et seq of the Civil Code). Cleto Munari design Associati srl reserves the right to claim the ordered products in the event of non-payment. In such a case, the customer will provide for the return of the products and for the shipping costs.
Each order for products submitted to Cleto Munari design Associati srl constitutes customer’s contract proposal. The order’s evasion by Cleto Munari design Associati srl is confirmation and acceptance of the same. The tax records related to the ordered products will be issued by Cleto Munari design Associati srl. at the time of the shipment of the products to the customer.
The customer agrees to provide the exact details of the intended shipping address and billing information; in case of wrong delivery of such data, all the additional costs of recovery and return must be charged to the customer.
7. Product’s delivery and implementation of the order
Purchased products will be delivered by Cleto Munari design Associati srl at the address indicated by the customer as a destination address.
The choice of the various modes of transport will be made by the customer at the time of purchase.
For our shipping we trust in services of qualified couriers such as BRT or couriers specialized in the delivery of furniture and furnishings to ensure the quality of the service and the integrity of the products.
The goods are properly packed for travel and they are at the risk of the purchaser from the time of delivery to the carrier. Therefore, Cleto Munari design Associati srl recommends that the customer verifies the condition of packages immediately upon delivery.
In case of delays, accidents, total or partial loss or other problems, it is up to the customer to have recourse to the carrier, without it being the responsibility of Cleto Munari design Associati srl.
Therefore, at the point of delivery, Cleto Munari design Associati srl recommends the customer to check on the condition of the delivered goods before signing the acknowledgement of receipt for the package. Once you sign it’s not longer possible to open a claim for any damaged products. It’s in your right to open and check any products if the packaging has any sign of damage .
If the customer notes any damage he/she shall reject the products or issue hand written, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to Cleto Munari design Associati srl, Via A. Chinotto n. 3, 36100 Vicenza, Italy.
Deliveries take place in 3/4 days for Italy and 8/10 days for European destinations only for products available in stock. For products not available in stock, deliveries will be entrusted to the carrier within 4/8 weeks from the receipt of any accreditation or proof of payment.
The shipping terms listed on the website, despite being carefully evaluated, are not binding for Cleto Munari design Associati srl, which can then confirm or change them depending on your actual needs.
Delivery times are indicative if there are no physical or structural impediments (e.g. incorrect addresses) or force majeure events such as strikes, natural disasters, problems related to shipping/delivery/manufacture, exchange rate fluctuations, governmental actions and/or regulations. If the force majeure event continues for a period exceeding two months, each party shall be entitled to terminate the contract without any compensation being due to the counterparty.
The delivery is considered as executed by the time the product is delivered to the customer. The delivery document issued by the carrier, dated and signed by the customer upon the delivery of the product, will provide a proof relating to the transport and the release of the goods.
In case of error inherent to the product, the customer agrees to return such product or products to Cleto Munari design Associati srl within 7 (seven) days from the receipt, providing to return the product unopened, in its original state and packaging with the accompanying documents. For on-line orders placed directly on-line the delivery terms are always street level.
The customer accepts these conditions by purchasing.
8. Availability of products
The definition of the stock in the e-shop is purely fictional; it may happen that a purchased item is temporarily not available. In this case, Cleto Munari design Associati srl will inform the customer of the delivery time of the ordered item and only after receiving written confirmation for acceptance by the customer will the contract be considered valid. In this case, the purchaser will not exercise the right of withdrawal due to lack of immediate delivery, that is late delivery compared to what is explicitly shown on the product profile.
The customer accepts these conditions by purchasing.
9. Collection of the goods in the event of the customer’s absence
In the event of the customer’s absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier’s instructions.
In case of collection failure within the period specified by the carrier, the products will be returned to Cleto Munari design Associati srl. In this case, the customer will not be entitled to any refund. The shipping costs related to the products to return to Cleto Munari design Associati srl will be charged to the customer.
10. Right of withdrawal
In accordance with article. 5 D. Decree of 22 May 1999. 185, the customer (if he can be defined a “consumer” within the meaning of Article 1 letter b) of Legislative Decree No 22 May 1999. 185) has the right to rescind the contract and to return the ordered goods without any penalty and without specifying the reason within the term of 10 (ten) working days from the day of receipt of the Products.
The right of withdrawal should be exercised by the customer, under penalty of forfeiture, by sending a registered letter to Cleto Munari design Associati srl, Via A. Chinotto n.3, 36100 Vicenza, Italy within the period of 10 (ten) working days from the receipt of the products.
The consumer can not exercise the right of withdrawal for the supply of goods produced to order, “Based on a personal choice or clearly personalized” (art. 55 Legislative Decree 09/06/2005 n. 206); many of the products of our catalog are part of this series, for more information contact our customer service.
All returns (which should be perfectly intact and accompanied by the original packaging) must be authorized by the Customer Service. The product must be returned in its original packaging. The product must not have been used, or have suffered even the minimal damage and it must be in a state of perfect cleanliness.
Once the return is authorized, the customer can return the product to the following address: Cleto Munari design Associati srl Via A. Chinotto n.3, 36100 Vicenza, Italy. Cash on delivery is not accepted. Once received the products (and verified their integrity), Cleto Munari design Associati srl will refund the customer the paid amount within a maximum of 30 days. For this reason, the customer should communicate to Cleto Munari design Associati srl their bank details.
Return costs must be charged to the customer. After the receipt, Cleto Munari design Associati srl will examine the goods to verify the existence of any damages (the substantial integrity is an essential condition for the exercise of the right of withdrawal). If the goods have been damaged during the transport, Cleto Munari design Associati srl will inform the Customer (within 5 working days from the receipt of goods in their stores), to enable him to do a timely complaint against the carrier of choice and get a refund of the value of the property (if insured). In this case, the product will be made available to the customer for the return, simultaneously canceling the request of withdrawal.
Cleto munari Design Associati srl is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
During the withdrawal period quoted in art. 15, the customer is responsible for the object as custodian of it. In case of damage or destruction of the product during the custody of the customer, the right of withdrawal will decay. Attention: All postage and packaging for returning goods are charged to the customer (as provided by art. 67 3 paragraph of Legislative Decree n. 206 of 06 / 09 / 05). The consumer can not exercise the right of withdrawal for the supply of goods produced to order, “made to measure or clearly personalized” (art. 55 Legislative Decree 09/06/2005 n. 206); many of the products of our catalog are part of this series, for more information contact our customer service.
11. Replacement
The replacement of the defective or damaged parts in shipping requires time just below or even equal to that of production since it is almost always produced to order. The practice of substitution will be initiated as soon as we receive the photographic record from the customer, which must be received in the period immediately following the delivery. Any possible replacement of the goods produced to order will not be made if the purchaser seeks to rely deviations from the colors and/or shades of fabrics, leather, metals, wood, glass and stone published on the website.
Our commitment will operate with the utmost speed in order to reduce waiting times.
12. Returning faulty or damaged goods
In case of defective goods, the same should be returned to Cleto Munari design Associati srl within 7 days after the delivery. The postage and packaging for the return shipment should be charged to Cleto Munari design Associati srl. Defective merchandise will be returned or refunded if the replacement with the same product is not possible.
Should the customer receive the packages visibly damaged by the carrier and/or carrier (broken or visibly damaged packaging), it will proceed as follows:
— If there are more packages, dismiss only the damaged package to the sender. It will then be our responsibility to contact the customer and arrange replacement and/or refund.
— If it is a shipment of a single package, dismiss it to the sender and will be then our responsibility to contact the customer and arrange replacement and/or refund.
In the event of exhaustion of the damaged product, the customer will be contacted for a possible replacement item of equal value and features available, or alternatively for the return of the paid amount.
13. Claims
Claims for non-compliance of the delivered products must be sent (in a written form) directly to Cleto Munari design Associati srl immediately after receiving the goods.
The customer must keep the original packaging and the delivery document.
14. Warranty and Technical Assistance
Cleto Munari design Associati srl guarantees the physical integrity of the product up to the moment of delivery.
Any defects must be reported by the customer, subjected to revocation, no later than 10 (ten) days from the date of delivery. The customer will be entitled to the replacement of damaged products upon return of the same, being excluded the right of the customer to compensation for any further damage. The delivery costs necessary for covering the substitution product should be charged to Cleto Munari design Associati srl.
Except in the case of fraud or gross negligence, Cleto Munari design Associati srl agrees that, if found responsible for Cleto Munari design Associati srl in any capacity against the customer – including the case of default, in whole or in part, the obligations assumed by Cleto Munari design Associati srl against the customer as a result of the execution of an order – responsibility for Cleto Munari design Associati srl will not exceed the price of the products purchased by the customer and for which the dispute arose.
15. Privacy
Cleto Munari design Associati srl. is the holder of the personal data collected during the registration to the website, as well as those subsequently communicated by the customer at the moment of the purchase, except for the data relating to the payment procedure, which refers to the banks through which the transaction occurs.
The detailed information shown at the moment of the registration and the art. 13 Leg. 196 / 2003 provide the processing of personal data for users of the website www.cletomunari.com.
By purchasing, the customer accepts these conditions and keeps Cleto Munari design Associati srl harmless from any claim for compensation or education of detail.
16. Nominative information
Computer processing of information, including the management of e-mail addresses of the users of the website, is carried out in accordance with the provisions of the law.
The personal data requested from the customer are essential for processing and forwarding of orders, the creation of invoices and any warranty contracts.
17. Electronic signature
The “Click Validation” is a digital signature. This electronic signature between the parties has the same value as a hand written signature.
18. Integrality of the contract
These general conditions of sale constitute the integrality of the obligations of the parties. No other general or particular conditions communicated by the Customer may enter or disassociate yourself from these general conditions.
19. Intellectual and industrial property rights
Cleto Munari design Associati srl informs that the website, as well as all the trademarks and logos used in connection with the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden, in any form or for any purpose they occur.
Cleto Munari design Associati srl reserves the right to take legal steps to protect these aspects.
20. Nullity
Should one or more provisions of these terms and conditions considered invalid or declared as such in accordance with a law, regulation or decision taken by a competent jurisdiction, the other provisions remain in full force and value.
21. Applicable law
The contract of sale between the customer and Cleto Munari design Associati srl is concluded in Italy and governed by the Italian law.
22. Jurisdiction
In case of a dispute, and in the absence of an amicable settlement reached between the parties, subject to any applicable mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n.185), any dispute related to these Terms and Conditions, will be under the exclusive jurisdiction of the Court of Vicenza.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read, understood and agreed to its various parts: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22.