General conditions of Sale
Art. 1 - General provisions
1. The user who is surfing in this website accesses www.tileandstyle.net, accessible through the url: www.tileandstyle.net. Browsing and transmitting a purchase order on the site implies acceptance of the Data Protection Conditions and Policies adopted by the site itself indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 modified by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Company Tile and Style srl
Headquarters: Viale San Giorgio 9, Sassuolo (MO), 41049, Italy
VAT number: IT03870740366
Registered in the REA, number MO-424530
3. Before accessing the products supplied by the site, the user is required to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which www.tileandstyle.net reserves the right to modify unilaterally and without notice.
5. It is possible to use the site and therefore access products supplied by the site and to purchase these in the following languages:
English, German, Italian
Art. 2 - Object
1. For the interpretation of these general conditions, the terms below shall have the following meanings:
• “Online purchase agreement” refers to a distance contract, having as its object the purchase of goods (stoneware tiles, ceramic tiles, vinyl tiles, mosaics, etc.) stipulated between the seller, Tile and Style srl, and the final customer and/or buyer, with the following modalities:
◦ or as part of a distance purchase contract, with the use of informatic means "internet", by logging into the website www.tileandstyle.net;
◦ or, in the case in which the Customer, instead of making the purchase through the site, requests a sale proposal for one or more Products to the seller by contacting him/her by telephone or email. In the latter case, Tile and Style srl will generate and send, by email, a link to the Customer, through which the Customer can confirm the Order and proceed with the payment in the modalities specified therein.
• The “End customer and/or purchaser” is the natural or legal person, be it a consumer or a professional (according to the definitions given in the Consumer Code), who purchases goods/products through the purchase procedure on the website www.tileandstyle.net or by requesting a quote by e-mail as indicated in the previous point.
• When reference is made in these general conditions to “products" or “goods”, this means the goods on sale, analytically identified and listed in the appropriate section of the Site.
• The “order” is the document summarizing the products selected by the Customer, including their description and an indication of the prices, as well as the Delivery Costs. The document will be generated electronically from the site, according to the choices made by the Customer, and this document will also be forwarded to the e-mail indicated by the Customer during data compilation. The completed order will finalize the contract of sale.
• By “site” we mean the site www.tileandstyle.net, in its every page.
• “Delivery charges” means the costs of transport of the products indicated in the order.This page does not cover all the company procedures for customer service: for more detailed information, it is necessary and appropriate to read the other pages in the corresponding links, specifically dedicated.
Art. 3 - Conclusion of the contract
1. The online sales contract is concluded either by filling in the electronic order form of Tile and Style srl, on the website www.tileandstyle.net, or by requesting a quote by email, and, in both cases, is considered concluded upon receipt of the order confirmation by Tile and Style srl and the full completion of the payment procedure. The order form must be completed correctly and the relevant payment or deposit must be made.
If the Customer does not agree or needs clarification on some of the conditions on this page, it will be required to contact the staff of Tile and Style srl, before submitting the order. Customers must carefully read the Terms of Sale at every access and visit of the website https://tileandstyle.net and ascertain their content before conclusion of the contract (because technical/logistical/regulatory issues may affect certain clauses).
2. The moment of receipt and validation of the order and the completion of the payment procedure will coincide with the moment of conclusion of the contract and will entail the full acceptance of the Conditions of Sale, as published on the site. Please note that the contract is concluded with the full payment of the price, but is subordinate to the assessment of the full availability of the goods at the warehouses of Tile and Style srl and the supplier. If, due to unexpected and unforseeable reasons, the goods purchased on the website by the customer are not available and the payment has already been received, Tile and Style srl will immediately and, in any case, no later than 48 hours after receiving the credit, inform the customer of this event and refund the amount paid. In this case, the customer, as an alternative to a refund, may opt, where possible, for a replacement product.
3. It is understood that, after 7 days from the date of confirmation of the order, in the absence of receipt by Tile and Style srl of the payment , in the terms and conditions indicated, the order will be cancelled and cancelled, without any notice; In this case, the Customer acknowledges and accepts that he may not make any claim against Tile and Style srl and relieves the latter of any liability with regard to the cancellation of the order and the forfeiture of any promotion related to it. Any sums received in payment by Tile and Style srl in reference to a cancelled order will be made available to the Customer.
POSSIBILITY TO CHANGE/CANCEL THE ORDER BEFORE DELIVERY
1. Changes to the content of the order, following the payment of the price or the payment of the deposit, are not guaranteed. Tile and Style srl is however available for a case-by-case evaluation: the progress of the shipment will be evaluated and, based on this, modifications will be authorized.
2. The billing data entered during the order process may only be changed until the invoice is issued. The eventual correction/modification of the data relative to the place of delivery of the goods or of the data of name and location of the registered office indicated in invoice, must happen within 24h from order confirmation, after that, if you want to change the shipping address, you will be charged € 50,00 of logistic costs.
3. The Customer, for personal needs, at the same time as the conclusion of the contract, may request that the delivery of the goods be carried out postponed and, therefore, at a predetermined date by him. In the event that the Customer requests the cancellation (total or partial) of the order already concluded and for which the deferred goods had been provided, from the refund of the sums paid by the Customer for the purchase of the goods, Tile and Style srl will deduct and retain, definitively, and in account on the eventual greater due, the logistic expenses from the same one supported (costs of supplying of goods not otherwise usable; storage/storage costs; freight costs) and, in any case, all costs or direct and indirect consequences that have an economic significance.
Art. 5 - Registered users
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide his / her personal data correctly and truthfully.
2. Once registered, the user will receive a confirmation email in the email address that he has provided. Confirmation must be communicated within 48 hours at the latest. After this period, in the absence of confirmation, www.tileandstyle.net will be released from any commitment towards the user.
3. The confirmation will in any case release www.tileandstyle.net from any responsibility for the data provided by the user. The user undertakes to promptly inform www.tileandstyle.net of any variation of their data at any time communicated.
4. If the user then communicates inaccurate or incomplete data or even if there is a dispute by the interested parties regarding the payments, www.tileandstyle.net will have the right not to activate or to suspend the service until an amnesty of the relative shortcomings.
5. On the occasion of the first request for activation of a profile by the user, www.tileandstyle.net will assign the same username and password. The latter acknowledges that these identifiers constitute the validation system of the user's access to the Services and the only system suitable for identifying the user that the acts performed through this access will be attributed to him and will have binding effect on him.
6. The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them even temporarily to third parties.
Art. 6 - Offered products
1. The Staff of Tile and Style srl is committed to a widespread and constant review of the contents of the site, in order to offer greater precision. However, it must be stressed that there is also a burden of verification for the customer. The customer must be sure of the descriptive contents of the products, especially for those details that he considers decisive for the purchase and essential to his satisfaction. The customer is also required to read the entire Product Sheet of the supplier and carefully observe the Catalog.
2. Manufacturers may make technical changes to the offered products that are not capable of significantly altering the aesthetics of the products and their use. It is also allowed to change the names of certain products or parts of them. These changes may not be in any way a condition of termination of the contract for "non-compliance" as the "name of the product" cannot be considered as a founding element of the value offered to the consumer by the product itself or in any case an element that can influence the contractual will.
3. The photographs of the products for sale, the technical data sheets and product descriptions are provided by the partners and/or suppliers of www.tileandstyle.net, and, therefore, any discrepancies or disputes about it can not be considered the responsibility of www.tileandstyle.net, which disclaims all responsibility for the content thereof.
Art. 7 - Payment methods and prices
1. The price of the products will be that indicated on the site, except where there is an obvious error.
2. In the event of an error, www.tileandstyle.net will notify the buyer as soon as possible, allowing confirmation of the order at the correct amount or cancellation. In any case, there will be no obligation for www.tileandstyle.net to supply what is sold at an erroneously indicated lower price.
3. The website prices are inclusive of VAT. Prices can change at any time. The changes do not affect orders for which order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the requested information in each step of the process. The details of the order can be changed before payment.
5. Payment can be made by:
Credit cards (Visa, Mastercard), Paypal, Bank Transfer.
Art. 8 - Delivery
1. www.tileandstyle.net carries out shipments in Europe.
2. www.tileandstyle.net will only make deliveries to the user's address, provided at the time of purchase. If it is not possible to reach the address indicated by the customer due to LTZ, impediments or special conditions related to access routes, roads with a high degree of gradient, limitations due to the Highway Code, delivery will be made at the nearest point (with respect to the address indicated by the customer) to allow the vehicle the possibility of access and stop (there is no porter service at the civic).
3. In Italy delivery will generally occur in 10-12 days from payment, and in any case, within the maximum term of thirty days.
4. As for the European countries, delivery will generally occur in 10-12 days from payment, and in any case, within the maximum term of thirty days.
5. If delivery is not possible, the order will be sent to the warehouse. In this case, a notice will specify the place where the order is located and how to arrange a new delivery.
6. If you are unable to be present at the place of delivery at the agreed time, we ask you to contact us again to agree on a new delivery date.
7. If the Customer intends to postpone delivery, any storage costs will be borne by the Customer. Please note that the delivery is a time slot, therefore a fixed time cannot be agreed. The carrier, on the agreed date, will make only one delivery attempt. If the delivery does not take place, due to absence or otherwise due to causes due to the Customer, the goods will return at the carrier’s warehouse; The Customer will contact the carrier and agree with him on the methods of collection of the material at the latter's warehouse. As an alternative to the aforementioned collection, the Customer may contact Tile and Style srl to arrange a new delivery at your expense, in which case the Customer will, before the same, refund to Tile and Style srl the costs incurred by the latter for the stock and the costs of returning the goods.
If it is not possible to deliver the goods to carry out the unloading in a single solution, due to limitations in the access to the destination, Tile and Style srl will be able to make distributed deliveries, giving notice to the customer.
8. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that you intend to terminate the contract.
9. As a result of the termination, the payment will be returned, including the delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from contract termination date. Transportation resulting from the termination of the contract may have additional costs that will be borne by the buyer.
10. Shipping costs are paid by the buyer and are explicitly highlighted at the time the order is placed.
Art. 9 - LIMITATIONS OF LIABILITY
1. Tile and Style srl can not be held responsible in the event that - for inefficiencies attributable to force majeure - fails to execute the order within the time allowed by the contract, nor can be held responsible for inefficiencies or malfunctions, outside its control or its sub-suppliers, connected to the use of the Internet
2. No responsibility can be attributed to Tile and Style srl for delayed or non-delivery due to force majeure, by way of example: war, terrorism, government decree, provision of authority, pandemic, earthquakes etc. Tile and Style srl cannot be held responsible, moreover, for any damages, losses and costs suffered by the Customer, following the non-performance of the contract for reasons not attributable to it, In this case, the Customer is entitled only to the full refund of the price paid.
3. Tile and Style srl assumes no responsibility for any fraudulent and unlawful use that may be made by third parties, credit cards, cheques and other means of payment, for the payment of products purchased, if he demonstrates that he has taken all the precautions possible on the basis of the best science and experience of the moment and on the basis of ordinary diligence, to avoid damage. In no case may the customer be held responsible for delays or errors in payment if he proves that he has made the payment in the time and manner indicated by Tile and Style srl.
Art. 10 - Warranty and commercial compliance
1. At the time of delivery of the goods by the courier, the buyer is charged to check that: • the number of packages delivered corresponds to that indicated on the transport document; • the packaging is intact, not damaged, nor altered even in the closing materials (adhesive tape or metal straps). Any damage, tampering, openings or failure to match the number of packages or indications must be immediately challenged to the courier making the delivery, in the following ways:
• If the appearance of the goods is, externally, NOT INTACT, the customer must necessarily put the following statement on the delivery note or on the digital device: I ACCEPT WITH RESERVATION FOR: (SPECIFYING THE REASON) for example: "I accept with reservation for damaged packing", "open packing", "crushed packing", "packed by forklift", "unconditioned pallet", "neck with cracking noises inside", "not matching number of packages", etc.
• If the appearance of the goods is present, externally, INTACT, the customer must necessarily put the following statement on the delivery note or on the digital device: "PALLET INTACT AND SEALED". In addition, in the event of the appearance of the goods in their entirety, the following conditions must be met: • that the delivery documents shall be marked only with the words 'an undamaged and sealed pallet'; • that from outside the pallet it is actually impossible to see the damage to the goods; • that the communication of the damage takes place immediately and, in any case, no later than 5 days from delivery. The delivery note, in any case, must be signed by both the customer and the courier.
• In the event that the product is visibly damaged (that is, more than half or all of the goods are damaged) or in the event that the courier refuses to have the entry of acceptance entered with 'reserve' or 'pallet intact and sealed' on his delivery note or as an option on the digital device, the customer must REFUSE the goods, indicating in the bubble the following indications: "package refused as visibly damaged" or "package refused because the courier refuses acceptance with reservation" and must send to Tile and Style srl timely notice about it.
2. The products on the website www.tileandstyle.net are covered by the legal guarantee of conformity of the manufacturer in favor of consumers (pursuant to art. 128 and following of the Consumer Code), from the date of delivery of the goods, without prejudice to other legal provisions in the event that the buyer is a VAT holder (art. 1490-1497 c.c.). The shipping costs for the return of the product, only in case of exercise of the right of withdrawal (exercised in full compliance with the terms and methods provided for in point 13), will be load of the customer, while in cases of return of the goods for damage or defects of the product, remain at the expense of the seller. It is mandatory to return the goods, accompanied by a copy of the invoice, and sending it to: Tile & Style srl, Viale San Giorgio 9 - 41049 Sassuolo (MO), Italy.
Art. 11 - Procedura di richiesta danni
1. In the event of events of the type of shortages or damage to the shipments, it is necessary that the customer follows with precision the instructions below, in order to properly activate the procedures for claiming damages to the insurance and to quickly replace the damaged or stolen product.
2. At the time of delivery of the goods by the courier, the Customers are, therefore, charged to check::
• the number and content of packages and their correspondence with the shipping document;
• the integrity of the packaging: it must not show dents, cuts, marks of compression or contact with water;
• check the handling of the packaging materials of the package (adhesive tape or plastic straps. For example, metal staples that normally seal the plastic strap should not be removed).
3. In the event that, during this verification, the customer finds that the goods present damage or defects, he must immediately send written communication via email to [email protected], in order to open the insurance file, and, in any case, no later than, 5 days from receipt of goods. After this period, no claim or right may be asserted against Tile and Style srl.In the written communication following information must be included:
◦ detailed description of the damaged items, indicating the quantity;
◦ state of packing;
◦ copy signed by the customer and the courier;
◦ photographic documentation according to the following methods: * the photos on the packaging must show the packaging received, not yet opened; * photos of the damaged goods must show the goods placed exclusively on the pallet/package. Photos of the goods will not be taken into account if they are placed in places other than the pallet (for example, if they are placed on the ground).
4. The punctual respect of the supplied indications and the observance of the modalities and the terms indicated in clause 8) and in clauses 9) of the present conditions (since the moment of the delivery and to the presence of the carrier)it is a necessary condition to request insurance cover and to proceed with the possible replacement of the damaged material or the claim for reimbursement of the damage.
In the case of a complaint of damage, the process necessary to activate the insurance policy requires technical time of processing the file by the insurance company ranging from a minimum of 5 days to a maximum of 60 days. Any damage to the packaging and/or the product or the lack of correspondence of the number of packages or the indications, must be immediately contested, following the indications referred to in point 8 and by affixing the indication indicated, and, in this case, it is also necessary that the customers keep, with care, the receipt of the shipment, the packaging, the damaged products and any proof of the claim; keep, in addition, with care the original packaging, manuals and accessories, as integral parts of the product purchased. The Customer shall be responsible for storing the broken and/or damaged goods and shall refrain from disposal without the prior written consent of Tile and Style srl. Failure to comply with this provision may affect the right of return of Tile and Style srl against its sub-suppliers and suppliers. The goods must therefore be returned intact in case of return and must be placed inside the original box, suitable for the movement of the product (necessary for example for assistance or sale).
Art. 12 - Withdrawal
1. In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day period starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal must communicate it to www.tileandstyle.net through an explicit declaration, which can be sent by registered letter with return receipt to the address:
Viale San Giorgio 9, Sassuolo (MO), 41049, Italy
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 not obligatory.
5. The goods can be returned to any point of sale or collection in Italy, as indicated on the web page at the time of purchase.
6. The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the buyer has demonstrated that he has sent the goods back.
8. The right of withdrawal will not apply in the event that the services and products of www.tileandstyle.net are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will perform the refund using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the buyer intends to exercise his right of withdrawal, he will have to provide the bank details: IBAN, SWIFT and BIC necessary for making the refund.
Art. 13 - Data processing
1. By using the site, the user authorizes the processing of his personal data. This information also has value for the purposes of article 13 of EU Regulation no. 2016/679, relating to the protection of individuals with regard to the processing of personal data and to the free movement of such data.
2. The data will be processed at Viale San Giorgio 9, Sassuolo (MO), 41049, Italy
3. The data is processed exclusively electronically, through IT tools and media designed to ensure the security and confidentiality of the data. The information stored is protected from unauthorized access.
4. We proceed to the processing of data provided by users in relation to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
5. The purpose of the use of such data is the execution of the purchase order and payments, the communication of the data to third party suppliers of the payment, shipping services as well as the contacts of an informative nature about the activities and services of the site, commercial offers of affiliated companies and commercial partners.
6. The provision of data and consent to the processing for the purposes referred to in the contract or the fulfillment of the order and the related payment is necessary for the conclusion itself and for the execution of the contract therefore the refusal to provide such data or to give consent to the relative treatment results in the impossibility for the user to purchase the products and services offered.
7. The provision of data and consent to the processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to the related processing may result in the impossibility for the user to receive these additional services.
8. The user always has the right to have his data the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed, are updated, corrected or integrated , the attestation that the operations have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
9. The user has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and processing of personal data concerning him for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.
10. The user can also withdraw the consent to the processing of their data previously given to www.tileandstyle.net at any time.
11. All rights provided by EU Regulation 2016/679 can be exercised by the user, by writing to the following email: [email protected]
12. At the first visit, the user will be invited to choose their own language and will offer the possibility to save the preferred language. To this end, the user authorizes the use of the so-called identification codes. cookies, i.e. small files sent from your internet server and recordable on the user's computer hard drive.
13. The hard disk collects information about the user's language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user's browser type.
Art. 14 - Safeguard clause
1. In the event that one of the clauses of these General Conditions of Sale is void for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 15 - Contacts
1. Any request for information can be sent by email to the following address [email protected], by telephone at the following telephone number:+39 0536580224, and by post at the following postal address: Viale San Giorgio 9, Sassuolo (MO), Italy
Art. 16 - Various Provisions
1. The Customer acknowledges and acknowledges that the products sold and in particular the ceramic products may have a slightly different colour tone from that of the photos published on the site. Since they are chromatic differences that are tolerated in the trade of ceramic products and are impossible to predict and/or prevent, it is understood between the parties that the delivery of material of slightly different shades than the sampling, to the photos viewed online or on the catalog does not constitute default of Tile and Style srl.
2. However, as in the same order, the customer agrees that identical shades are not guaranteed for different tile sizes of the same collection and colour. If the customer wishes, he must indicate this at the time of order. The customer will be informed by Tile and Style srl whether or not the request can be fulfilled.
3. Upon delivery of the goods, the Customer will verify the conditions of these and will be required to report to the supplier those defects that the person of medium diligence could have detected following a careful inspection of the goods themselves. The Customer is however required to report the presence of obvious defects of the goods within the terms of the law, and in any case before proceeding with the implementation of the products. Tile and Style srl will not be responsible for the costs of the installation of products clearly flawed or different from what was agreed, nor for the charges necessary for the removal of such products and/or for the restoration of the premises and/or for any indirect and/or consequential damage that could have been prevented by using the ordinary diligence in examining the goods.
Pursuant to article 49 paragraph 5 of the Consumer Code, the information provided pursuant to article 49 paragraph 1 of the same Consumer Code shall form an integral part of the contract; these conditions may not be changed except with the consent of both parties.
Art. 17 - Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the purchaser. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to them must be resolved exclusively by the Italian court. In particular, if the buyer holds the status of Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law.
These conditions were drawn up on 01/01/2020.