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GENERAL CONDITIONS OF SALE

These terms and conditions govern the contract relating to the promotion and sale of the products offered on the Rubinetteria.com website and the customer.

Please read these General Conditions of Sale carefully before proceeding with any purchase. By making any purchase, you agree to these General Conditions of Sale in full.

1. FIELD OF APPLICATION

The product offer is intended for retail customers (i.e. consumer customers) and businesses (i.e. NON-consumer customers).

"Consumers" are parties who purchase the products on the website for purposes unrelated to their business or profession, if any.

For the purposes of these General Conditions of Sale, anyone who specifically states during registration, when purchasing a product, that they belong to the "Professional, company contact, hotel, or VAT registration holder" category and enters their VAT registration number is not considered to be a consumer.

In order to make purchases on the rubinetteria.com website, users must first register and provide all the personal details requested.

2. OUR CONTRACT

If you wish to purchase one or more products, you can select them one at a time and add them to your CART.

If necessary, you can add the construction projects necessary to qualify for tax deductions or low VAT rates and the payment method to the CART and check any packaging and delivery costs. Once you have clicked "PURCHASE", a "SUMMARY" page will appear, listing the products you have chosen, their prices and the delivery option chosen (with the relative costs).

After checking all points, you can confirm by clicking "SUBMIT YOUR ORDER".

Full information about the Rubinetteria.com purchase process is available on the PURCHASING GUIDE page.

Your order will have the status of a proposed contract for the purchase of the products listed.

On receipt of your order, we will automatically send you an "Order Confirmation" message. The "Order Confirmation" does not constitute acceptance of your purchase offer. It simply confirms that we have received the order and are checking the data and the availability of the products requested. The sales contract is not finalised until we send you a separate email accepting your purchase offer, which also contains full information concerning shipment of the product and the expected delivery date, our "Delivery Confirmation".

You can cancel your order before you receive the "Delivery Confirmation", provided the order has not been prepared for the shipping process. In this case, there will be no charge to you. However, you retain your right to withdraw from the contract under the terms and conditions set out in art. 2 below. The right to withdraw does not apply to some categories of products.

Agree to receive invoices in electronic format.

These documents will be available in PDF format in the ACCOUNT section of the site.

You will be notified of issue of the electronic invoice for an order after receipt of the payment.

No changes will be possible once the invoice has been issued.

3. ORDERS AND THEIR REJECTION

Purchase orders will only be shipped after receipt of confirmation of payment of the total amount due, consisting of the purchase price of the product(s) and the delivery and any other costs.

Before fulfilling the contract, Rubinetteria.com is entitled to check all the orders you have sent for signs of fraudulent credit card use or suspect purchases.

Rubinetteria.com is entitled to terminate the contract and thus cancel the order, and return the total amount due to you if:

  • the credit card used for the payment is found to be cloned or there is reasonable doubt that the purchase was not made by its holder, or if the credit card issuing company informs us that the credit card has been blocked;
  • the order sent is suspect in terms of the type and/or quantity of the products purchased or the frequency of purchases made on the Rubinetteria.com website;
  • as of the date of purchase, the user is in breach of their obligations arising from or in any way related to the fulfilment of a prior contract with Rubinetteria.com.

Next to the description of each product, the site specifies whether or not it is available immediately.

However, since, due to the way online purchases are made, it is possible for more than one user to purchase the same product simultaneously, the product ordered may no longer be available when the purchase order is registered. In this case you may, at your own discretion:

  • request cancellation of the order for the product which is not available and refund of the sum paid;
  • wait for delivery of the goods ordered;
  • returns will not be accepted in case of orders for specific products which are no longer in production or are difficult to obtain on the market.

If the order is cancelled, we will refund the amount paid to you and credit the amount refunded to the means of payment used for the purchase at once, and in all cases within thirty days of the day after receipt of the cancellation request. Any delays in accrediting the amount may be due to the bank or the type of credit card used for the payment.

4. RIGHT OF WITHDRAWAL AND EXCEPTIONS

With the exceptions detailed below, you have the right to withdraw from the order placed, without giving any reasons, within 14 days of the day when you received the product ordered (or the last product, batch or item in the event of multiple goods, batches or items delivered separately). If you have appointed a representative to collect the goods, your withdrawal right is calculated from the day when the product was delivered to your designated consignee (not the courier).

You will have to notify Rubinetteria.com that you intend to exercise the withdrawal right following the instructions available on the Returns and Withdrawals page

For the right of withdrawal to be exercised, the relative notice must be sent before the expiry of the 14-day period and the product must be returned to Rubinetteria.com in accordance with the instructions provided on the Returns and Withdrawals page.

4.1 Effects of Exercise of the Right of Withdrawal

We will refund you all the payments made except for the delivery costs and any packaging costs or other additional costs specified at the time of order, within 14 days of the day when we receive the notice that you intend to exercise your withdrawal right. We will make the refund using the payment method you used to place the order. We may retain the refund until we receive the product. Bear in mind that you are obliged to return the products to us in accordance with the instructions available on the Returns and Withdrawals page within 14 days of the day when you notified us of your withdrawal. You must meet the direct costs for return of the products. You may be held liable for any reduction in the value of the goods due to any handling of them that has taken place (over and above that necessary to establish their type, characteristics and operation).

4.2 Exceptions to the Right of Withdrawal

The right to withdraw does not apply to:

  • supply of sealed goods which cannot be returned due to reasons of hygiene or reasons relating to health protection, and which have been opened after delivery, or the supply of products which have been inseparably mixed with other goods after delivery;
  • supply of made-to-measure or clearly customised goods;
  • supply of goods which may deteriorate or expire quickly;
  • the withdrawal right does not apply to NON consumer customers in relation to Rubinetteria.com, pursuant to art. 131 of Legislative Decree 206/2005 (Italian Consumer Protection Act).

5. PRICES AND AVAILABILITY

All prices include VAT, applicable in accordance with the law.

The prices of products may be changed without notice, although the price charged to you will be that shown on the product specification sheet at the time when the order was sent. If, for any reason (error in our systems, human error, etc.), an obviously incorrect price is published, the order will be cancelled, even if it was initially accepted.

Information about the availability of the products we sell is provided on the website and on the presentation page of each product. We are unable to provide more precise information than that given on the page or elsewhere on the website with regard to product availability. Please remember that the estimated product dispatch and delivery times are mere guidelines that cannot be totally relied on. Once we have received your order, we will inform you by email if any of the products you have ordered are not available.

For further information on delivery times, refer to the "DELIVERY COSTS, METHODS AND TIMES" page.

 

6. CUSTOMS

If the goods ordered are delivered outside Italy, you might be charged import taxes and duties, payable once the pack reaches the specified destination. Any additional customs clearance costs will be charged to you. We have no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country and you should therefore contact your local customs department for further information.

 

7. WARRANTIES FOR PRODUCTS SOLD AND LIMITS TO LIABILITY

The kind of warranty provided for the products sold on Rubinetteria.com differs according to whether the purchaser is a "consumer" or a "NON consumer" as defined by EEC Directive 1999/44/EC concerning "certain aspects of the sale of consumer goods and associated guarantees".

 

If you are purchasing as a "consumer" (natural person - not for business), you enjoy the legal conformity warranty the vendor is obliged to provide by law for all goods sold ("Legal Warranty").

 

The Legal Warranty - which the vendor is obliged to provide - guarantees the goods against defects in conformity to the sales contract.

If the Legal Warranty applies, the law states that you will be entitled to restoration of the conformity of the goods through repair or replacement, at no cost to you, or, if this is not possible, a reduction in the purchase price or termination of the contract. The vendor is therefore liable for conformity defects if they occur within two years after the date of delivery of the goods. However, you will have to report the conformity defect within two months after its discovery.

You will find more information about the rules for exercising the Legal Warranty right and how it works, with example cases, in our WARRANTY section.

 

If you discover a conformity defect in the goods purchased during the validity of the Legal Warranty, please contact the After-Sales Service.

Within the legal limits, the vendor is not liable if the product delivered fails to comply with the legislation of a country of delivery which is not Italy.

Rubinetteria.com shall not be liable in the event of delay in delivery of the goods purchased due to insufficient stocks held by the supplier.

We shall also not be liable in the event of non-substantial differences between the goods purchased and their illustrations and the text descriptions published on our website.

Except in the event of fraud or gross negligence, we are liable only for any direct damage foreseeable at the time of finalisation of the sales contract. We are therefore not liable for any losses incurred, loss of earnings or any other damage which is not an immediate, direct consequence of our breach of contract or which could not be foreseen at the time of finalisation of the sales contract. Rubinetteria.com is in no way liable for breach of their obligations on the part of any third parties which offer commercial warranties with regard to the products on sale on the website.

 

8. APPLICABLE LAW AND LEGAL JURISDICTION

The terms and the general conditions of sale on the website are governed by Italian law and specifically by Legislative Decree no. 206 of 6 September 2005 (as recently amended by Legislative Decree no. 21 of 21 February 2014, which came into force on 13 June 2014) on remote contracts and Legislative Decree no. 70 of 9 April 2003 for aspects relating to e-commerce.

If you are a "retail" consumer customer, as defined by articles 140 and 141 of the Italian Consumer Protection Act, you will be entitled to act to protect your interests through a consumers' association, or to proceed to attempt to reach a negotiated out-of-court settlement of any disputes. Otherwise, you will be entitled to bring an ordinary law suit to resolve disputes arising from the interpretation, implementation and validity of these General Conditions of Sale.

If you are a NON consumer "professional" customer, any purchase of products or services is governed only by this contract, together with the provisions of the Italian Civil Code for matters not covered here.

Bergamo Law Court will have jurisdiction over any disputes arising from the fulfilment of any Contract and relating to customers' use of the website in general, except for the compulsory use of the law court of the place of residence or domicile of any customer acting as a consumer customer, pursuant to the Consumer Protection Act.

 

9. CHANGES TO THE GENERAL CONDITIONS OF SALE

We reserve the right to change the website, the policies and these General Conditions of Sale at any time in order to offer you new products and services, or to comply with the requirements of laws or regulations. You will be subject to the policies and terms of the General Conditions of Sale in force at the time when you order products from us, unless changes to these policies and terms are required by law or the competent authorities (in which case they will also apply to the orders you placed previously). If any provision of these conditions is considered invalid, null and void or inapplicable for any reason, this condition shall not affect the validity and efficacy of the other provisions.

 

10. WAIVERS

In the event that you breach these General Conditions of Sale, failure on our part to exercise our right to act against you shall not constitute a waiver of our right to act against you for default on your obligations.

 

11. CONTACTS

 

Products are sold by:

ACQUATICA Spa

Via Rodi 1 c/d – 25033 Cologne (Brescia - Italy)

Fiscal ID Code and VAT registration number 02664460165

Fully paid-up company capital EUR 4,185,000

Registered with Bergamo Register of Companies under no. 02664460165

BERGAMO Office Administrative and Economic Register: BG 313373

 

the idea, the brand, the www.rubinetteria.com website and the technological platform are the property of ACQUATICA

S.p.A.

For further information about our staff at your service refer to the  Contacts page.

 

LEGAL FRAMEWORK

All matters not specifically covered by this contract shall be governed by current Italian law.