We inform you that the purchase of the Products on the website www.sitap.it, implies acceptance and full knowledge of these General Sales Conditions.
“SITAP”:the company that sells the Products, or SITAP S.p.A., VAT number 01113920332, in the person of its pro tempore legal representative, with registered office in 29010 - Pontenure (Piacenza), Via Giulio Natta, n. 37. “Consumer Code”: Legislative Decree, 06/09/2005 No. 206, G.U. 08/10/2005.
“Consumer”: pursuant to the Consumer Code, we mean the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity that may be carried out.
“Professional”: pursuant to the Consumer Code, we mean the natural or legal person who acts in the exercise of his business, commercial, craft or professional activity, or his intermediary.
“Customer”: the Consumer and the Professional who purchase the Products present within the SITAP e-commerce.
“Reseller”: the legal person or the company which, as part of its commercial activity, buys the Products from SITAP through the website www.sitap.it, in order to resell them to the public.
“Products”: all carpets that can be purchased within e-commerce, as well as any other kind of item, which is designed, manufactured, packaged and / or marketed by SITAP.
“Custom carpets”: all the carpets, expressly indicated in the e-commerce, which can be purchased by the meter.
“Order”: the purchase by the Customer of one or more Products present in the e-commerce.
“B2B”: acronym for Business to Business.
“Parties”: SITAP and the Customer.
“Order Confirmation”: the summary of the Order sent by email to the Customer.
“My Account”: this is the page / space of the Customer who registered on the website www.sitap.it. This space contains the following sections: "Personal Information", "Addresses", "Order History and Details", "My Favorites", "Returns", "Personal data processing".
“Shopping Bag”: virtual Shopping Bagin which the Customer, by point and click, inserts the Products he intends to purchase.
“Contract”: the contract of sale concluded at a distance.
“General Conditions”: these general conditions of e-commerce sale.
“Maintenance”: the document containing the instructions for the correct washing and correct maintenance of the Products.
These General Conditions regulate the sale by SITAP to the Customer of the Products, which can be purchased through the e-commerce on the website www.sitap.it.
3. Informations for the Customers
3.1 Pursuant to art. 7 Legislative Decree 70/2003, the property of the website www.sitap.it, where it is possible to purchase the Products, is of SITAP S.p.A., VAT number 01113920332 with registered office in 29010 - Pontenure (Piacenza), Via Giulio Natta, n. 37, REC number PC-128219.
3.2 In addition to the mandatory information above, it is indicated below that, pursuant to Legislative Decree 70/2003, the identification data of SITAP are as follows: SITAP S.p.A., VAT number 01113920332 with registered office in 29010 - Pontenure (Piacenza), Via Giulio Natta, n. 37, with share capital of Euro 1,548,000.00, telephone number +390523519044 and +393498986636, ordinary e-mail address: firstname.lastname@example.org certified e-mail (PEC): email@example.com.
3.3 The registered office and the contact details indicated in the previous paragraph are taken as the address where the customer can send complaints.
4. Buying Process
4.1 The Customer, in order to purchase the Products, connects to the site www.sitap.it and, by clicking first on the "Menu" button, at the top left, and then, by clicking on the "Shop" button, he accesses the e-commerce.
4.2 Within the e-commerce, the Customer displays the images relating to the Products and the prices.
4.3 By selecting the single Product, the Customer can view the available dimensions, the description of the characteristics, the composition, the technical data of the same and the availability of the selected Product in stock. For custom-made carpets and limited editions, the customer can view the carpet, the description and the price per meter. The related purchase does not take place through e-commerce. The Customer proceeds to contact SITAP by e-mail or telephone.
4.4 To proceed with the order, the Customer chooses the dimensions among those available, the quantity and clicks on the "Add to Shopping Bag" button. If the customer fails to indicate the size and quantity, the preset measure with a quantity equal to 1 is selected.
4.5 At the end of the aforementioned operation, the Customer displays a summary window of the Products included in the Shopping Bag, the total price of the same, the shipping costs and the total price. Inside the Shopping Bag, the Customer finds a summary of all the Products he intends to purchase. The Customer has the possibility to deselect, from the Shopping Bag, the Products that he does not intend to purchase or modify the quantity.
4.6 In order to complete the Order, the Customer must click on the "Proceed to Checkout" button and decide whether to purchase as a guest or to register and proceed to create his profile in My Account section.
4.7 The Customer, in the event that he decides to purchase as a guest, enters the required data, filling in the form in the Shopping Bag, and proceeds to fill in the following forms. In the event that the Customer wishes to register, he enters the data required for the creation of his profile in the My Account section. The customer who has already registered, accesses their profile, filling in the form in the Shopping Bag, entering the e-mail and password indicated during registration.
4.8 The customer who decides to purchase as a guest enters the data necessary for shipping in the "Addresses" form, taking care to indicate whether this address matches the billing address, by checking the box "use this address also for the invoice ". In the event of a mismatch, the Customer proceeds to enter the billing address and click on the "Continue" button. The already registered Customer accesses My Account and, during the purchase phase, proceeds to select the shipping and / or billing address, if different, present in My Account.
4.9 If the Customer wishes to receive the Products at a different address than the one registered in My Account, he can choose to add a new address by clicking on the "Add new address" button, filling in the relevant form, and finally clicking on the button "Continue". At the end of this operation, the Customer selects the address to which he wishes to receive the Product and click again on the "Continue" button. The customer, if this method is provided within the e-commerce, can choose to receive the products at the premises of a reseller, selecting it from among those present.
4.10 The Customer then selects the shipping method and the payment method, within the relevant forms, by clicking on the "Continue" button to continue.
4.11 In the event that the Customer, if required, has chosen bank transfer as the method of payment, SITAP reserves the Products purchased for 7 (seven) days in favor of the Customer, pending receipt of payment. The Order will be processed upon receipt of the payment by SITAP. In case of non-receipt of payment within 7 (seven) days from the conclusion of the Order, the same will be considered canceled.
4.14 Following the sending of the order, SITAP sends the Customer, through the e-mail address previously indicated, the Order Confirmation with the summary of the order made. In the event that the Customer has chosen the bank transfer as the method of payment, if provided, SITAP will send the same an e-mail summarizing the bank data and the order number to be included in the bank transfer reason.
4.15 SITAP, pursuant to art. 12 of Legislative Decree 70/2003, which requires each supplier of goods and / or services to provide specific information aimed at the conclusion of the distance contract, complies with the related disclosure obligations as set out below.
4.16 The technical phases for the purchase of the Products are:
1. Access to e-commerce;
2. Product selection, choice of size and quantity;
3. adding the Product to the Shopping Bag;
4. purchase as a guest and / or create your own profile in the My Account section and / or access your own profile in the My Account section;
5. filling in the forms relating to shipping and / or billing addresses, shipping method, payment;
6. placing the Order;
7. immediate payment of the Products, with the methods made available in e-commerce or indication of payment by bank transfer, if applicable;
8. sending by SITAP of the Order Confirmation and, possibly, of the e-mail summarizing the bank data for making the bank transfer;
9. taking charge of the Order by SITAP; in the case of payment by bank transfer, verification of payment by SITAP and ful-fillment of the Order;
10. shipment of the Product and its invoice.
4.17 With reference to the technical means made available to the Customer to identify and correct data entry errors before confirming the Order, the system automatically signals any errors resulting from the omitted indication of manda-tory data in the order fields.
4.18 With reference to the languages to conclude this contract, please refer to art. 16 of these General Conditions.
4.19 With reference to the indication of the dispute settlement tools, see the following art. 15 of these General Condi-tions.
4.20 These General Conditions are and remain available to the Customer: storage and reproduction are always pos-sible by saving the web page or by using the copy / paste option. In addition, when sending the Order Confirmation by e-mail, the General Conditions are attached or the link where to view and print them is made available to the Customer.
5. Registration and creation of My Account
5.2 The customer can access his account by clicking on the top right of the home page on "My Account" by entering his username and password.
5.3 The Customer, in My Account, displays the following sections: "Personal Informations", "Addresses", "Order History and Details ", "My Favorites", "Returns", "Personal data processing". Within this section, the Customer can modify his personal information, manage the billing and shipping addresses, view the order history, only if the purchase was made after registration, insert Products in the Favorites section, manage the own returns and manage the processing of personal data. For the return procedure, please refer to art. 12. 5.4 The insertion of shipping and billing addresses in the "Addresses" section involves the automatic compilation of the form on the shipping and billing address. At the time of purchase, the Customer can modify and / or delete the Addresses by clicking on "modify" and / or "delete" or he can add a new address. 5.5 The Customer in the "Order History and Details" section will be able to view the order number, the date on which it was executed, the summary, the billing and shipping address, the current status of the order.
5.6 For the purchase procedure, please refer to the provisions of art. 4.
5.7 The Customer, in the "Personal data processing" section, can exercise the following rights provided by the legisla-tion on the processing of personal data. In particular, the customer can access their personal data on the website, do-wnloading them in pdf or csv format, can proceed to the request for rectification of personal data and can proceed with the deletion of their profile, by clicking on "Delete my account. " In order to definitively delete the personal account, the Customer proceeds to tick the relevant box and click on "submit".
6. Out of stock products
6.1 If the Product selected by the Customer is not available in warehouse, it is not possible to click on the "Add to Shopping Bag" button and conclude the Order.
6.2 In this case, the message "At the moment not available" appears next to the "Add to Shopping Bag" button.
6.3 The Customer can obtain information regarding the future availability of the selected Product, by clicking on the "Contact Us" button and filling in the relevant form, in the mandatory parts (name, surname, e-mail, subject, message), marked with the symbol *. To send the request for information, the customer clicks on the "Send" button. If the customer does not enter the mandatory information, it is not possible to send the aforementioned request.
6.4 At the end of the request for information, the Customer displays, at the top of the page, a window with the words "your message has been sent successfully".
6.5 The Customer will receive an answer to his request, by e-mail, to the address entered when completing the form.
7.1 The price of the Product is the one indicated by SITAP in e-commerce.
7.2 The prices on the website include VAT, but exclude shipping costs which are to be added to the total amount to be paid.
7.3 Shipping costs are calculated following the insertion of the Product in the "Shopping Bag" and the Customer has evidence of this expense before proceeding with the payment or continuing with the purchase phase, by clicking on "continue shopping".
7.4 Should SITAP, due to a material error, indicate in the e-commerce a different price, compared to the actual price of the Product, it will promptly notify the Customer by e-mail. The customer can freely decide whether to confirm the order or cancel it.
7.5 In the event that the amount indicated by SITAP is higher than the price of the Product and the Customer has already paid, SITAP will pay the same within 5 (five) working days, in case of order confirmation, the excess amount, or, in case of cancellation of the order, the entire amount, by bank transfer.
7.6 In the event that the price indicated by SITAP is lower than the price of the Product and the Customer has already paid the lowest price, the Customer, in order to reconfirm the order, must pay within 5 (five) working days starting from the communication of the correct price the excess amount. SITAP has no obligation to supply the Product at the lower price incorrectly indicated. In case of non-payment within this term, the order is considered revoked. Therefore, within the next 5 (five) working days, SITAP will refund the amount already paid by bank transfer.
7.7 The prices indicated on the website are subject to change at any time. These changes do not apply to orders already made.
Art. 8 Payment conditions
8.1 The payment of the price must be made according to the methods chosen by the customer at the time of purchase.
8.2 In the event that the Customer chooses to make the payment by bank transfer, if provided, the same must provide it within 7 (seven) days from the time of the conclusion of the purchase, at the coordinates indicated in the e-mail received.
8.3 Failure to pay within the aforementioned term is considered as cancellation of the Order.
8.4 In the event that the Customer chooses to make the payment by bank transfer, following the full collection of the price paid by the Customer, SITAP sends an e-mail to the Customer confirming the payment.
Art. 9 Shipping terms and conditions
9.1 SITAP undertakes to deliver the Products to the shipping address indicated by the Customer in the relevant Order, with the timing indicated at the time of purchase. SITAP sends an email to the Customer with which it notifies of the shipment. The customer receives an email with a link to track the relative shipment.
9.2 Any kind of delay relating to the delivery of the Product is attributable exclusively to the shipper. Any delays in shipping do not result in the cancellation of the order.
9.3 The Customer cannot refuse the delivery of the Product. Inventories and returns will be charged to the customer.
9.4 SITAP cannot be held responsible for the delayed or non-delivery of the Products, if they are ascribable to circumstances beyond the control of SITAP and therefore not attributable to the same. By way of example and without claiming to be exhaustive, the following circumstances are listed:
◦ partial or total strikes, lack of electricity, natural disasters, measures imposed by public authorities, difficulties in transportation, unrest, terrorist attacks and all other causes of force majeure;
◦ objective and proven difficulties in finding raw materials;
◦ problems, in any way attributable to SITAP, relating to the production or planning of Orders;
◦ delays by the shipper.
9.5 It is specified that the occurrence of the events listed above will not entitle the Customer to request compensation for any damages or compensation of any kind, except in the case of willful misconduct or gross negligence of SITAP.
Art. 10 Products delivery
10.1 Upon taking over the Products, the Customer must check the quantitative and qualitative correspondence of the Products with what is indicated in the accompanying document, and must also check the integrity and condition of the packaging.
10.2 If the Customer finds the presence of external quantitative and / or qualitative discrepancies in the Products delivered or if the packaging is damaged and / or not completely intact, he must formulate the appropriate reservations against the carrier, making him note any discrepancies, according to the forms envisaged for the mode of transport used.
10.3 In any case, the Customer undertakes to remove the packaging from the Products avoiding the use of blades, sharp objects and any other tool capable of irreparably damaging the surface of the Products themselves.
10.4 It is specified that SITAP is not liable for damages caused to the Products by the use by the Customer, for the removal of the packaging, blades, sharp objects or any other tool capable of damaging the Products themselves.
Art. 11 Warranty for defects
11.1 SITAP guarantees that the Products are free from manufacturing defects and defects, as well as that they comply with the quantity and characteristics indicated in the Order Confirmation and displayed on the website www.sitap.it.
11.2 If the customer purchases as a consumer, he benefits from the legal guarantee of conformity to which SITAP is required by law on every good sold, pursuant to art. 132 Consumer Code, lasting 24 (twenty-four) months from delivery. If the Customer purchases as a Professional, the warranty lasts 12 (twelve) months from the date of delivery of the Products.
11.3 In any case, the Customer has the burden of reporting the defect within 2 (two) months of its discovery.
11.4 SITAP undertakes, in accordance with the provisions of point 12.10, to replace or repair the Products which present defects or defects of conformity attributable to it, provided that the presence of such defects and / or defects has been contested in the terms referred to in point 11.2 and 11.3, and with the methods referred to in article 12 of these General Conditions.
11.5 The following are expressly excluded from the warranty:
• defects resulting from damage caused by the use of blades and pointed objects for unpacking the Products, as established in point 10.4;
• defects resulting from damage resulting from non-compliant storage and / or use of the Products;
• defects resulting from damage caused by the use of methods and / or products, such as stain removers, detergents, soaps, for cleaning the Products themselves, which do not comply with the SITAP instructions in the Maintenance section;
• defects resulting from any repairs carried out by personnel not authorized or not appointed by SITAP;
• defects resulting from accidental damage.
11.6 It should be noted that the color display of the Products online can be influenced by the type of device screen. The Customer must follow the color described in the e-commerce for each Product. Therefore, any discrepancies between the color displayed and the actual color do not constitute a defect and / or defect of the Product.
11.7 It is specified that Products that present different sizes than those indicated in the Order Confirmation, but in any case within the tolerance limits of +/- 5%, cannot be considered defective.
Art. 12 Complaints and Returns
12.1 In the event of complaints relating to the state of the packaging, or relating to the number of Products delivered or to quantitative or qualitative discrepancies external to the same (so-called apparent defects), the Customer must fill in the "Returns" form, present inside of the website, on each page.
12.2 The "Returns" form requires the following data to be entered: name, surname, invoice reference, product description, choice of reason for the request from the drop-down menu and image upload, accurately and clearly depicting the subject of the dispute or defects of the Product/s, or any damage to the packaging, or quantitative or qualitative discrepancies of the same. In order to complete the request, the customer clicks on the "submit" button.
12.3 SITAP proceeds to take charge of the return request and to contact the Customer in case of need.
12.4 Any complaints relating to defects that cannot be identified by diligent control upon receipt of the Products (so-called hidden defects) must be communicated to SITAP, according to the procedures referred to in the previous article, under penalty of forfeiture, within 2 (two) months from the date of discovery of the defect and in any case no later than 24 (twenty four) months from receipt of the Products, in the case of Customer-Consumer, within 2 (two) months from the date of discovery of the defect and in any case no later than 12 (twelve) months from receipt of the Products, in case of Customer-Professional.
12.5 SITAP reserves the right to examine or have examined the Products subject to complaint.
12.6 If SITAP deems it necessary to carry out an examination of the aforementioned Products, it shall promptly notify them in writing, by e-mail to the Customer, authorizing him to return the same.
12.7 The Customer undertakes to make the Product available within and no later than 3 (three) working days from the date on which SITAP sent the email referred to in the previous point.
12.8 It is specified that, in the absence of the written authorization of SITAP, the Customer will not be able to make the Products subject to the complaint available.
12.9 If, upon examination of the aforementioned Products, SITAP deems the complaints subject to complaint unfounded, and therefore rejects the same, the Products will be returned to the Customer, with SITAP ex-warehouse mode, or the shipping costs will be at customer's charge. In this case, SITAP proceeds to issue an invoice for the shipping costs incurred by the same for the reception and return of the Products and the Customer proceeds to payment by bank transfer. The return of the Products takes place upon receipt of payment.
12.10 If SITAP has ascertained the validity of the disputes subject to the complaint, the Customer will have the right to obtain, at SITAP's discretion, the repair or, alternatively, the replacement, without expenses for the same, of the aforementioned Products.
12.11 In no case are SITAP's agents, Resellers and / or intermediaries authorized or have the power to represent and bind SITAP to the Customer or third parties. To this end, any dispute and / or complaint will be considered invalid and ineffective if it has been carried out, without respecting the methods referred to in this article.
Art. 13 Right of withdrawal of the Customer-Consumer
13.1 The customer who purchased the products as a consumer can exercise the right of withdrawal within 14 (fourteen) days without obligation to state reasons.
13.2 The aforementioned period starts from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires possession of the Product.
13.3 The Customer must inform SITAP to exercise this right by filling in the "Returns" form, present on the website, on each page. This compilation must be carried out before the expiry of the term referred to in point 13.1.
13.4 SITAP, following the receipt of the withdrawal request, will confirm to the Customer by e-mail the receipt of the request and indicate the costs for the return.
13.5 The costs for returning the goods are charged to the Customer-Consumer. SITAP, within and no later than 3 (three) working days from sending the email referred to in point 13.4, proceeds to collect the Product from the Customer. The Customer therefore undertakes to make the Product available for its collection.
13.6 The Product must be returned intact, with its original packaging. If the Product shows signs of use, SITAP excludes the right of withdrawal of the Customer-Consumer, by giving notice of it by e-mail. In this case, SITAP proceeds to issue an invoice for the transport costs referred to in point 13.5 and, after verifying receipt of the payment, to make the Product available for return to the Customer-Consumer at its registered office.
13.7 Following receipt of the Product and outside the hypothesis referred to in point 13.6, SITAP, within 10 (ten) working days, will refund the customer the price paid by bank transfer. SITAP reserves the right to withhold the sum attributable to transportation costs.
14. Null or ineffective clauses
If one or more clauses of these General Conditions are declared void or ineffective by the competent judicial authority, the remaining part of the General Conditions will continue to unfold its effectiveness between the Parties, except in the case where among the clauses declared void or ineffective there is that constituting a decisive reason in the conclusion of these General Conditions.
15. Applicable law
15.1 These General Conditions are governed by Italian law.
15.2 Although not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the 1980 Rome Convention.
16.1 In the event of disputes and disputes relating to these General Conditions and the sales contract, the Parties agree to reach a good-natured solution within 20 (twenty) days from the first dispute sent by registered letter with return receipt or certified e-mail.
16.2 After the aforementioned term has elapsed, if the Customer-Consumer is resident or domiciled in a member state of the European Union, the Parties agree to resort to the ADR (Alternative Dispute Resolution) procedure.
16.3 The ADR procedure must be initiated through the ODR (Online Dispute Resolution) online platform prepared by the European Commission and reachable through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
16.4 If it is not possible to reach a good-natured solution, or in the event that the Customer-Consumer was not resident or domiciled in a member state of the European Union, for any dispute relating to these general conditions and to the purchase contract the judge of the place of residence or domicile of the consumer. This clause does not in any way affect the rights that the law recognizes for the consumer.
16.5 If the term referred to in point 16.1 has passed unnecessarily, in the case of a Customer-Professional, the Court of Piacenza will be competent to hear any dispute that may arise between the Parties.
Art. 17 Final provisions
17.1 The Italian text of these General Conditions, even if drafted in other languages, will be considered the only authentic text for the purpose of their interpretation.
17.2 If one of the Parties fails to take legal action or to exercise a right under these General Conditions, this acquiescence behavior cannot be interpreted as a definitive renunciation to exercise in the future the same legal action or the same right.