The Buyer expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity carried out.
Supplier Identification
The goods covered by these general terms and conditions are offered for sale by Kambiz S.r.l., with registered office in Italy, Via Giovanni Battista Pergolesi, 51, 09100 Cagliari, registered with the Chamber of Commerce of Cagliari under no. IT01505280907 of the Companies Register, VAT no. IT01505280907, hereinafter referred to as the “Supplier”.
Art. 1
Definitions
1.1. The expression “online sales contract” means the contract for the sale of tangible movable goods of the Supplier, referred to as “products”, entered into between the Supplier and the Buyer within a distance-selling system via electronic means, organised by the Supplier.
1.2. The expression “Buyer” means the consumer, a natural person, who makes the purchase under this contract for purposes not related to any commercial or professional activity possibly carried out.
1.3. The expression “Supplier” means the party indicated above, or the party providing the information services.
Art. 2
Subject of the contract
2.1. Under this contract, the Supplier sells and the Buyer purchases, remotely via electronic means, the products indicated and offered for sale on the website https://www.orientalartcarpet.com/.
2.2. The products referred to above are shown on the web page https://www.orientalartcarpet.com/ in the section/products area.
Art. 3
How the contract is formed
3.1. The contract between the Supplier and the Buyer is concluded exclusively via the Internet, by the Buyer accessing https://www.orientalartcarpet.com/ and, by following the indicated procedures, formalising the purchase proposal for the goods referred to in Art. 2.1.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the correct completion of the order form and the consent to purchase expressed through the submission of the order online, or by completing the form attached to the online electronic catalogue at https://www.orientalartcarpet.com/ in the orders section.
Before sending, an order summary web page will be displayed (printable), showing the purchaser’s details, the order details, the price of the purchased good, shipping costs and any additional ancillary charges, the methods and terms of payment, the delivery address, delivery times, and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, the Supplier sends a confirmation email or displays a printable confirmation and order summary web page, also containing the information referred to in the previous point.
4.3. The contract is deemed perfected and effective between the parties only upon completion of the entire ordering and confirmation procedure, and upon verification of the payment commitment on the payment instrument chosen by the Buyer.
Art. 5
Payment methods and refunds
5.1. Any payment by the Buyer may be made exclusively by one of the methods indicated by the Supplier on the relevant web page (payment methods/payment instruments section).
5.2. Any refund due to the Purchaser will be credited to the same payment method used for the purchase in a timely manner and, in the event of the exercise of the right of withdrawal, as regulated by Article 13, paragraph 2 et seq. of this Agreement, no later than 30 days from the date on which the Supplier became aware of such withdrawal.
5.3. All communications relating to payments take place on a dedicated Supplier line protected by an encryption system. The Supplier guarantees the storage of this information with an additional security encryption level, in accordance with the applicable rules on personal data protection. The security level terms are indicated in the privacy section.
Art. 6
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time the good is offered, as confirmed in the email referred to above or in the order confirmation made available on the website pursuant to Art. 4.
6.2. Shipping times may range from the same day as the order up to a maximum of 10 business days from confirmation. If the Supplier is unable to ship within this term, but in any case within the term indicated in the following point, the Supplier will promptly notify the Buyer by email.
6.3. Shipping methods, times and costs are clearly indicated and highlighted at https://www.orientalartcarpet.com/ in the delivery section.
Art. 7
Prices
7.1. All sales prices of the products displayed and indicated on https://www.orientalartcarpet.com/ in the products section are expressed in euros and constitute an invitation to treat. The order will therefore be considered a contractual purchase proposal addressed to the Supplier for the listed products, and the contract will be deemed perfected only when the Buyer receives the Supplier’s confirmation and the payment commitment on the chosen payment instrument has been verified.
7.2. The sales prices referred to above include VAT and any other applicable tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated during the purchase process before the Buyer submits the order and must also appear in the order summary page.
7.3. The prices shown next to each good offered to the public are valid until the date indicated in the products section.
Art. 8
Product availability
8.1. The Supplier ensures, through the electronic system used, that orders are processed and fulfilled without delay. To this end, the Supplier indicates in real time, in its electronic catalogue, the number of available products and those not available.
8.2. If an order exceeds the quantity available in stock, the Supplier will inform the Buyer by email whether the good can no longer be reserved or what the waiting time will be to obtain the selected good, asking whether the Buyer intends to confirm the order.
8.3. The Supplier’s IT system confirms, as soon as possible, that the order has been registered by sending the user an email confirmation in accordance with point 4.2.
Art. 9
Limitations of liability
9.1. The Supplier assumes no liability for service disruptions caused by force majeure if it is unable to fulfil the order within the time limits set by the contract.
9.2. The Supplier shall not be liable to the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the Internet network outside the Supplier’s control or that of its subcontractors.
9.3. The Supplier shall not be liable for damages, losses or costs incurred by the Buyer due to non-performance of the contract for reasons not attributable to the Supplier; the Buyer shall only be entitled to a full refund of the price paid and any ancillary charges incurred.
9.4. The Supplier assumes no liability for any fraudulent or unlawful use by third parties of credit cards, cheques and other means of payment used to pay for purchased products, provided the Supplier demonstrates that it adopted all possible precautions based on the best knowledge and experience at the time and on ordinary diligence.
9.5. Under no circumstances may the Buyer be held liable for delays or issues in payment if the Buyer proves that payment was made within the time and in the manner indicated by the Supplier.
Art. 10
Liability for defects, proof of damage and compensable damages: Supplier’s obligations
10.1. Pursuant to Articles 114 et seq. of the Italian Consumer Code, the producer is liable for damage caused by defects in its product, and the Supplier is liable for damage caused by defects in the sold good if it fails to communicate to the injured party, within 3 months of the request, the identity and domicile of the producer or of the person who supplied the good.
10.2. The request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also include an offer to make the product available for inspection, if still existing.
10.3. The Supplier shall not be liable for consequences arising from a defective product if the defect is due to the product’s compliance with a mandatory legal provision or binding measure, or if the state of scientific and technical knowledge at the time the producer put the product into circulation did not yet allow the product to be considered defective.
10.4. No compensation shall be due if the injured party was aware of the defect and the related danger and nevertheless voluntarily exposed themselves to it.
10.5. In any case, the injured party must prove the defect, the damage and the causal link between defect and damage.
10.6. The injured party may claim compensation for damages caused by death or personal injury, or by the destruction or deterioration of property other than the defective product, provided that such property is ordinarily intended for private use or consumption and was mainly used as such by the injured party.
10.7. Damage to property pursuant to Article 123 of the Consumer Code shall, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (€ 387.00).
Art. 11
Warranties and assistance
11.1. The Supplier is liable for any lack of conformity that becomes apparent within 2 years of delivery of the good or within the shorter term corresponding to the product’s expiry date.
11.2. For the purposes of this contract, consumer goods are presumed to conform to the contract if, where relevant, the following circumstances coexist:
- they correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics provided for by the sales contract;
- they are fit for any particular purpose desired by the consumer, made known to the seller at the latest at the time of conclusion of the sales contract and accepted by the seller;
- they are supplied together with all accessories and instructions provided for by the sales contract;
- they are fit for the purposes for which goods of the same type are normally used, taking into account national and EU law provisions, technical standards or, in the absence of such standards, the applicable industry codes of conduct;
- they possess the qualities and correspond to the description of any sample or model made available by the seller to the consumer before conclusion of the contract;
- they are delivered with any accessories, including packaging, and instructions that the consumer may reasonably expect to receive;
- they are of the quantity and quality and have other characteristics, including durability, functionality, compatibility and safety, ordinarily found in goods of the same type, which the consumer may reasonably expect, taking into account the nature of the good and the public statements made by or on behalf of the seller or other persons in the chain of commercial transactions, including the producer, particularly in advertising or labelling.
11.3. In any case, unless proven otherwise, any lack of conformity that becomes apparent within one year from delivery (or within the shorter expiry term) is presumed to have existed at that time, unless such presumption is incompatible with the nature of the good or the lack of conformity.
11.4. In the event of lack of conformity, the Buyer may request, free of charge and under the conditions below, replacement of the purchased good, or a reduction of the purchase price, or termination of this contract pursuant to Art. 135-bis of the Consumer Code.
11.5. The request must be sent in writing by registered letter with return receipt to the Supplier, who will indicate within 7 business days of receipt whether it will proceed or the reasons preventing it. If accepted, the Supplier will indicate shipping/return methods and the expected time for return or replacement of the defective good.
11.6. If the seller has not carried out replacement (where possible), or has refused because it is impossible or excessively burdensome pursuant to paragraph 3 of Art. 135-bis, or if the lack of conformity is so serious as to justify an immediate price reduction or termination, the Buyer may choose to request an appropriate price reduction or termination of the sales contract. The Buyer shall send the request to the Supplier, who will respond within 7 business days of receipt.
11.7. In the same communication, where the Supplier has accepted the Buyer’s request, it shall indicate the proposed price reduction or the methods for returning the defective good. In such cases, the Buyer shall indicate the method for re-crediting the sums previously paid to the Supplier.
Art. 12
Buyer’s obligations
12.1. The Buyer undertakes to pay the price of the purchased good within the time and in the manner indicated by the contract.
12.2. Once the online purchase procedure is completed, the Buyer undertakes to print and retain this contract.
12.3. The information contained in this contract has already been reviewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before purchase confirmation.
Art. 13
Right of withdrawal
13.1. The Buyer has the right to withdraw from the contract, without penalty and without giving any reason, within 14 (fourteen) business days from the day of receipt of the purchased good.
13.2. If the professional has not fulfilled the information obligations regarding existence, methods and time limits for returning or collecting the good in the event of withdrawal under Art. 52 of the Consumer Code, the withdrawal period is extended to 12 (twelve) months from the end of the initial withdrawal period and runs from the day the consumer receives the goods.
13.3. If the Buyer decides to exercise the right of withdrawal, the Buyer must notify the Seller by registered letter with return receipt to Via Giovanni Battista Pergolesi, 51, 09100 Cagliari, or by email to info@persianartcarpet.com, provided that the email notice is confirmed by sending a registered letter with return receipt within the following 48 (forty-eight) hours. The post office stamp on the receipt shall be proof between the parties. For purposes of exercising withdrawal, the notice may be validly replaced by returning the purchased good, provided this occurs within the same time limits. The delivery date to the post office or carrier shall be proof between the parties.
13.4. The return of the good must in any case occur no later than 30 (thirty) days from the date of receipt of the good. In any case, to be entitled to a full refund of the price paid, the good must be returned intact and in normal condition.
13.5. Pursuant to Art. 59, letters d) and e) of the Consumer Code (Legislative Decree 205/06), the Buyer may not exercise the right of withdrawal for: food products that risk deteriorating or expiring rapidly; sealed products not suitable for return for hygienic reasons or health protection and that have been opened after delivery; and in any other case provided for by Art. 59 of the Consumer Code.
13.6. The only costs due by the consumer for exercising the right of withdrawal under this article are the direct costs of returning the good to the Supplier, unless the Supplier agrees to bear them.
13.7. The Supplier will refund, free of charge, the entire amount paid by the Buyer within 30 (thirty) days from receipt of the withdrawal notice.
13.8. Upon receipt of the withdrawal notice, the parties are released from their respective obligations, without prejudice to the provisions of the preceding points of this article.
13.9. The refund will be made using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise, provided that the Buyer does not incur any cost as a consequence of the refund.
Art. 14
Termination
14.1. The obligations set out in point 12.1 undertaken by the Buyer, as well as the guarantee of successful payment made with the means referred to in point 5.1, and the proper fulfilment of the Supplier’s obligations under point 6, are essential. Therefore, by express agreement, failure to fulfil even one of these obligations, where not due to fortuitous event or force majeure, shall result in termination of the contract by operation of law under Art. 1456 of the Italian Civil Code, without the need for a judicial ruling.
Art. 15
Confidentiality and processing of the Buyer’s data
15.1. The Supplier protects the privacy of its customers and guarantees that data processing complies with the privacy legislation under Legislative Decree of 30 June 2003, no. 196 [1].
15.2. Personal, identification and tax data acquired directly and/or through third parties by the Supplier, as data controller, are collected and processed in paper, IT and electronic form, in relation to processing methods, for the purpose of recording the order and activating the procedures for performance of this contract and the necessary communications, as well as fulfilling any legal obligations, and enabling effective management of commercial relations to the extent necessary to best provide the requested service (Art. 24, paragraph 1, letters b, d, Legislative Decree 196/2003) [2].
15.3. The Supplier undertakes to treat as confidential the data and information transmitted by the Buyer and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may be disclosed only upon request by the judicial authority or other authorities authorised by law.
15.4. Personal data will be communicated, after signing a confidentiality undertaking, only to persons delegated to carry out activities necessary for execution of the contract and only for that purpose.
15.5. The Buyer enjoys the rights set out in Art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) updating, rectification or, where interested, integration of data;
b) deletion, anonymisation or blocking of data processed unlawfully, including data whose retention is not necessary for the purposes for which they were collected or subsequently processed;
c) confirmation that the operations referred to in a) and b) have been brought to the attention, also as to their content, of those to whom the data have been communicated or disclosed, except where this proves impossible or involves a manifestly disproportionate effort compared to the right protected.
The data subject also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning them, even if relevant to the purpose of collection; ii) to the processing of personal data concerning them for sending advertising material or direct selling, or for market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer’s request cannot be processed.
15.7. In any case, acquired data will be kept for no longer than is necessary for the purposes for which they were collected or subsequently processed. Removal will in any case take place securely.
15.8. The data controller for collection and processing of personal data is the Supplier, to whom the Buyer may address any request at the company headquarters.
Art. 16
Archiving of the contract
16.1. Pursuant to Art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every submitted order is stored in digital/paper form on the server/at the Supplier’s premises, in accordance with confidentiality and security criteria.
Art. 17
Communications and complaints
17.1. Written communications to the Supplier and any complaints shall be deemed valid only if sent to: Via Giovanni Battista Pergolesi, 51, 09100 Cagliari, or by email to info@persianartcarpet.com. The Buyer indicates in the registration form their residence or domicile, telephone number or email address to which the Supplier’s communications should be sent.
Art. 18
Dispute resolution
18.2. If the parties intend to bring the matter before the ordinary judicial authority, the competent court is that of the consumer’s place of residence or elected domicile, as mandatory pursuant to Art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Art. 19
Applicable law and reference
19.1. This contract is governed by Italian law.
19.2. For matters not expressly provided for herein, the applicable legal provisions governing the relationships and situations covered by this contract shall apply, and in particular Art. 5 of the 1980 Rome Convention.
Art. 20
Final clause
This contract repeals and replaces any prior agreement, understanding, negotiation, written or oral, previously reached between the parties and concerning the subject matter of this contract.
The Supplier has the right to amend these general terms and conditions. In the event of amendment, the new version shall be deemed effective and accepted upon publication in the relevant section of the Supplier’s digital commerce platform, consisting of the Supplier’s website.
[1] Privacy Authority provisions – Art. 154, 1 c) of Legislative Decree 196/2003 – Simplifications of certain obligations in the public and private sectors relating to processing for administrative and accounting purposes of 19 June 2008, published in the Official Gazette on 1 July 2008, no. 152.
[2] General measure of the Italian Data Protection Authority: Practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette on 21 June 2007, no. 142.