Online sales terms and conditions

Introduction
Conditions of Sale describe the methods of buying and selling online on the site https://www.fiorenzaceramics.com in accordance with current legislation on distance contracts, pursuant to Legislative Decree No. 206 of 6 September 2005 as amended by Legislative Decree 21 February 2014 n. 21 (“Consumer Code”) and, for anything not provided for therein, by articles 7 and 12 of Legislative Decree 9 April 2003, n. 70 (“E-commerce Decree”). Before making any online purchase, the user is invited to carefully read the Conditions of Sale, the Right of Withdrawal and the Privacy Policy.

Seller identification
The seller is Cristina Fiorenza, with registered office in Vienna, Borschkegasse 6/1, 1090 Austria, VAT number ATU46837204.

Contacts
For any information, assistance or online purchase, warranty, withdrawal or otherwise, the user can contact Cristina Fiorenza at the following e-mail address: info@fiorenzaceramics.com.

Definitions
• Customer: the consumer is an adult natural person (or, if a minor, authorized by someone who exercises parental authority by law or is its guardian) who makes the purchase for purposes unrelated to the commercial, entrepreneurial or professional activity that may be carried out.
• Conditions of sale: these are all the conditions of sale on the site https://www.fiorenzaceramics.com, applicable to the contractual relationship between the Seller and the Customer.
• Online sales contract: it is the purchase agreement relating to the Products, stipulated between the Seller and the Customer as part of a distance selling system organized by the Seller through electronic tools.
• Purchase order: it is the Customer's purchase order in electronic format made according to the procedure indicated in the Conditions of Sale and which constitutes the Customer's contractual proposal to purchase the Products.
• Products: all products listed on the site.
• Site: this is the https://www.fiorenzaceramics.com website owned by Cristina Fiorenza.
• Seller: Cristina Fiorenza, with registered office in Vienna, Borschkegasse 6/1, 1090 Austria, VAT number ATU46837204.

Subject of the online sales contract
With the online sales contract, the Seller sells and the Customer buys the Products, as part of a distance selling system organized by the Seller through electronic tools on the Site. All Products are subject to current availability. The Seller reserves the right at any time to change without notice the limits on the quantity and/or type of Products that can be purchased online on the Site as well as the style, models and colors of the Products described on the Site. The images of the Products on the Site (although Cristina Fiorenza constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products) may differ from reality due to the Internet browser and/or monitor used. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of the products shown on the Site if due to the above-mentioned technical reasons, these representations being merely illustrative.

Price
All sales prices of the Products indicated on the Site are expressed in Euros. Unless otherwise indicated, the prices of the Products include VAT; all other taxes (if applicable), shipping costs and costs for additional services will be highlighted in the product sheet. The prices applied are those indicated on the Site at the time of the purchase order by the Customer. The Seller reserves the right to change Product prices, offers, shipping costs and costs for additional services without notice. Before sending the purchase order, the Customer is invited to check the final price indicated in the Products tab. Any new prices, new offers, shipping costs and costs for additional services will be applied only to Purchase Orders received after their publication on the Site. The Seller verifies that the prices indicated on the Site are correct, but does not guarantee the absence of errors. In the event that an error is found relating to the price of a Product, the Seller will contact the Customer at the e-mail address provided by the same to give him the opportunity to reconfirm the order of the Product at the correct price or to cancel it. All Products are shipped directly from Austria. The prices of the Products and the shipping and delivery costs indicated on the Site and in the Order, unless otherwise indicated, are to be considered not to include any costs related to customs duties and related taxes, which cannot be calculated in advance, if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges. These costs are therefore borne by the Customer and must be paid directly upon delivery of the Products.

Product purchase procedure
The purchase order must be placed online through the “shop” section by clicking on the desired products that will flow into the cart. To proceed with the completion of the Purchase Order, the Customer may enter the required data in the appropriate form. Before making any online purchase, the Customer must carefully read and accept the Conditions of Sale, the information on the Right of Withdrawal and the Privacy Policy. For the purchase of the Products, after placing the Products in the appropriate “cart”, the Customer must read and accept the Conditions of Sale, with particular reference to delivery costs, any costs for additional services and the information on the Right of Withdrawal, including the information on the exclusion of the Right of Withdrawal in the case of personalized Products or in the case of promotions, and must select the desired payment method. All Purchase Orders transmitted to the Seller must be completed in their entirety and must contain the necessary elements for the exact identification of the Customer, the Products ordered and the place of their delivery. It is absolutely forbidden for the Customer to enter false and/or invented and/or imaginative data in the purchase process. The personal data and the e-mail address must be exclusively the Customer's personal data and not of third parties or fantasy. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers. The Seller is exempt from any liability deriving from the issuance of incorrect tax documents due to errors in the data provided by the Customer when placing the online Order, since the Customer is solely responsible for their correct entry. The Seller is exempt from any liability deriving from errors or delays in accessing the Site by the Customer at the time of entering their data in the purchase process. As well as the slowness or the impossibility of receiving confirmation of the Customer's Order or any anomaly that may occur due to problems with the Internet. The Seller is exempt from any liability deriving from non-functioning or from problems related to the email address provided by the Customer for sending the Order confirmation. The Purchase Order transmitted to the Seller is valid as the Customer's contractual proposal expressed online and contains information on the essential characteristics of each Product ordered, the relative price, the means of payment, the methods of delivery, the shipping costs and any additional costs. By transmitting the Purchase Order, the Customer unconditionally accepts the Conditions of Sale and confirms that he knows and accepts the additional information contained on the Site, also referred to through links, including the General Conditions of Use, the Privacy Policy and the Right of Withdrawal. The online sales contract is considered concluded and binding for both parties when the Customer receives confirmation via e-mail from the seller that his order proposal has been successful and has therefore been accepted. The e-mail accepting the Purchase Order will contain a reference to the Conditions of Sale, information relating to the essential characteristics of the Products purchased, a detailed indication of the price of the Products and the means of payment, information on delivery costs, costs for additional services, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of personalized products or in the case of promotions, the address of the Seller to which submit complaints, as well as information related to the shipment of the Products. The Customer must immediately verify the content of the communication and immediately report any errors or omissions to the Seller by sending an e-mail to the Seller's Customer Service at info@fiorenzaceramics.com.

Notwithstanding the foregoing, the Purchase Order sent by the Customer must be considered void of any validity and effectiveness, and will not be accepted by the Seller, if the Seller has reasonable and well-founded reason to believe that the Customer: • intends to purchase the Products not for personal purposes but for purposes related to his or other business or professional activity. All Purchase Orders submitted, in fact, must correspond to normal consumption needs and this both in relation to the number of Products purchased with a single Purchase Order, and in the case of a plurality of orders relating to the same Product, even if each Purchase Order includes a quantity of Products corresponding to normal consumption needs;
• use false or fictional names in the purchase procedure in violation of the provisions of the previous paragraph entitled “Procedure for the purchase of Products.” In such cases, the online sales contract will be considered not concluded and the seller will send the customer, by e-mail, a communication certifying the non-acceptance of the purchase order and the failure to conclude the contract, canceling any possible charge and/or expense charged to the Customer. The Seller also reserves the right to partially process the Purchase Order in case of unavailability of one or more Products ordered by the Customer. In this case, the Customer will only be charged the amount corresponding to the partially fulfilled order. Every Purchase Order sent will be stored in the Seller's database. The Customer may obtain information on their Purchase Order by sending an e-mail to Customer Service at info@fiorenzaceramics.com, in which the order code must be indicated. The Seller sends an e-mail to the Customer at each change in the order status (acceptance, payment confirmation, shipment, etc.). The Purchase Order, the Seller's Order Confirmation and the Conditions of Sale will be stored electronically by the Seller in its computer systems and the Customer may request a copy by sending an e-mail to Customer Service at info@fiorenzaceramics.com.

Payments
For payments made through the site, the Customer must follow the procedures of the payment service integrated into the site. The amount related to the order will be debited from the Customer's account upon receipt of the order by the Seller. For each transaction made, the Customer will receive a confirmation e-mail. In the event of subsequent cancellation of the order, the reimbursed amount will be debited from the Customer's account and the Seller cannot be held responsible for any direct or indirect damages caused by delays in the non-release of the amount committed by the payment platform used. In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the Seller will send a communication of non-acceptance of the Purchase Order to the e-mail address indicated by the Customer. The purchase process will be automatically canceled and the online sales contract will not be concluded. Any reimbursement to the Customer will be credited using the payment method used by the Customer at the time of the order or using a method chosen by the Customer. The Seller will send an e-mail notification once the refund has been made to the e-mail address indicated by the Customer in the Purchase Order.

Billing
For each purchase order, the Seller will issue the relevant invoice based on the information provided by the Customer in the Purchase Order. No change to the invoice will be possible after its issuance. The invoice will be sent to the Customer once the payment has been collected, in electronic format in accordance with Presidential Decree 445/2000/ and Legislative Decree 52/2004.

Delivery times and methods
The Seller will deliver the Products to the Customer through trusted couriers from Monday to Friday, excluding Saturday, Sunday and holidays. Except in cases of force majeure or unforeseeable circumstances, delivery times, in accordance with the provisions of article 61 of the Consumer Code, do not exceed 30 days starting from the day following the date of transmission of the Purchase Order to the Seller, unless the Seller communicates - within the same deadline or by the last agreed delivery date, also by e-mail - the temporary impossibility of delivering the same. In this case, the Seller will reimburse any sums already paid by the Customer for the payment of the supply. At the time of shipment, an e-mail will be sent to the Customer confirming the shipment, together with the “tracking number” that will allow him to monitor the delivery status on the courier's website. The delivery of the Products will be made to the address indicated in the Purchase Order only in the presence of the Customer or his representative, provided that they are of legal age, who must sign the delivery documents for the Products.

Deliveries will not be made to P.O. boxes.

At the time of delivery of the Products by the courier, the Customer or his representative must check that:
• the number of packages delivered corresponds to what is indicated in the transport document;
• the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials. Any damage to the packaging and/or the Product or the mismatch of the number of packages or indications must be immediately contested in writing by the Customer or his representative on the transport document in the appropriate space. In this case, the Customer or his representative must reject the damaged goods without having to open the package and the Seller, once the damaged package has been received, will ship the ordered Product again. In any case, the Customer's right of withdrawal referred to in the following paragraph entitled “Right of Withdrawal” is without prejudice. Once the transport document has been signed without the Customer or his representative having raised or opposed any exception, the Customer will not be able to raise any dispute about the external characteristics of the delivered package. In the event that the Customer refuses the package containing the Products, this will be considered as the Customer's withdrawal from the online sales contract pursuant to articles 52 et seq. of the Consumer Code and the Seller will have the right to withhold the return costs from the refund due to the Customer. The refund thus determined will be credited through the payment method chosen by the Customer in the Purchase Order, in a timely manner and, in any case, no later than 14 days from the return of the package.

Right of withdrawal
The Customer, without specifying any reason and without any penalty, has the right to withdraw from the online sales contract pursuant to art. 52 et seq. of the Consumer Code within 14 days of receipt of the Products by the Customer. The customer is invited to carefully read the information on the right of withdrawal. Once the return request has been sent within the deadline indicated above, the Customer will receive the return authorization from the Seller via e-mail with the instructions and the return code. Within the next 14 days, the Customer must return the Products to the Seller, together with the Return Authorization Form, sending them to the address indicated in the return authorization.

The right of withdrawal is subject to the following conditions:
• The returned Products must be returned in their entirety;
• The returned Products must be intact and in perfect condition, including any labels: used products that show signs of damage or dirt, that cannot be considered intact;
• the returned Products must be returned in their original packaging complete in all its parts (including packaging and any documentation and accessory equipment);
• the returned Products must be sent to the Seller in a single shipment. For the right of withdrawal to have been validly exercised, the Products must be returned to the Seller, at the address indicated in the return authorization, within 14 days from the receipt by the Customer of the return authorization, together with the purchase invoice and the Seller's return authorization, having fulfilled all the above conditions. The Customer is responsible for the decrease in the value of the Products resulting from a manipulation of the goods other than that necessary to establish their nature, characteristics and functioning. The shipping costs will be borne by the Customer. Under no circumstances will packages be collected cash on delivery or at an assigned port. It is recommended that the Customer ship the Products with their own institutional packaging to be returned, insuring the full amount of the goods and taking care to receive a shipping number to allow the tracking of the shipment. The Seller will not be responsible for refunds or compensation relating to institutional Products and Packaging shipped by the Customer but that have never been received by the Seller due to loss, theft or damage not attributable to the same. If the right of withdrawal has been exercised in accordance with the previous conditions, the Seller is required to reimburse the sums paid by the customer indicated in the delivery order (price, standard shipping costs, any costs for additional services) no later than 14 days from the date on which the Seller became aware of the Customer's exercise of the right of withdrawal. For the re-credit, the Seller will use the same payment method used by the customer for the initial transaction, unless the Customer explicitly asks the Seller to use a different means and the latter consents. If the Order was paid through a payment platform or credit card, the refund will be made to the card or account used for the payment. If the Order was paid by bank transfer, the refund will be made by bank transfer: the customer is required to contact customer service via e-mail at info@fioenzaceramics.com to communicate the IBAN to which to make the transfer. The repayment times on the card or on current accounts depend directly on the banks.

Legal Product Warranty
For any lack of conformity existing at the time of delivery of the Products, the Customer, in accordance with the provisions of article 130 of the Consumer Code, will have the right to restore the conformity of the Product without charge through repair or replacement or, if this is not possible, to a reduction in the purchase price or to the termination of the online sales contract. A lack of conformity occurs when the purchased good:
• is not suitable for the use for which goods of the same type are usually used;
• does not conform to the description made by the seller and does not have the qualities of the good that the seller presented to the consumer as a sample or model;
• does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or labeling;
• it is not suitable for the particular use desired by the consumer and that was brought to the attention of the seller at the time of the conclusion of the Contract and that the seller accepted. Therefore, any other defects caused by accidental events or customer responsibility or by a use of the product that does not comply with its intended use and/or in the instructions for use relating to the product are excluded from the scope of the Legal Guarantee. We remind you that although Cristina Fiorenza constantly adopts measures to ensure that the photographs of the products shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution of the computer used by the Customer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of the products shown on the Site if due to the above-mentioned technical reasons, these representations being merely illustrative. The Seller is responsible for lack of conformity if they occur within two years from the date of delivery of the Product. In any case, the Customer must report the lack of conformity, under penalty of forfeiture of the warranty, within two months of its discovery, by sending an e-mail to Customer Service at info@cristinaceramics.com in which the code relating to the order and the problem encountered must be indicated, attaching where possible some photos relating to the same.

The warranty is therefore valid, provided that the following conditions are met:
• the defect occurs within 24 months from the date of delivery of the products;
• the Customer submits a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter, unless this is contrary to the prevailing mandatory regulations of the Customer's country of usual residence. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, on the other hand, it will be the consumer's responsibility to prove that the lack of conformity already existed at the time the product was delivered. In order to take advantage of the Legal Guarantee, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that the Customer, for the purpose of this proof, keep the purchase invoice or any other document that can attest to the date of the purchase (for example the credit card statement) and the date of delivery. The Seller will contact the Customer to arrange for the collection of the Product. The customer who makes use of the legal guarantee is relieved of any expenses. The Seller reserves the right to verify the existence of the reported defect, and to carry out the repair or replacement only after such verification. If, following this verification, no lack of conformity appears, the Seller reserves the right to charge the Customer for the costs of verification, restoration and transport. In the event of a lack of conformity regularly reported in the terms, the Customer will have the right:
• primarily, to repair or replace the goods free of charge, at the Customer's choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, considering the type of sale, to replacement, where this is possible in relation to the number of copies still available for sale;
• secondarily (in the event that the repair or the replacement is impossible or excessively expensive, or the repair or replacement has not been carried out within reasonable time (or the repair or replacement previously carried out has caused significant inconvenience to the consumer) at the price reduction or the termination of the Contract, at the Customer's choice. An excessively onerous remedy means one that imposes on the seller unreasonable expenses compared to available alternative remedies, taking into account:
• the value that the asset would have if there were no lack of conformity; • the magnitude of the lack of conformity;
• the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
In case of termination of the Contract, Cristina Fiorenza will return the total amount paid to the Customer. In the event of a price reduction, Cristina Fiorenza will reimburse the Customer for the previously agreed amount of the reduction. The amount of the reimbursement or reduction will be communicated via e-mail to the Customer and credited to the chosen payment method or solution.

Seller's liability
The Seller will not be responsible for any disruptions attributable to force majeure of any nature and kind, in the event that it fails to execute the requested supply within the agreed times and provided for in the Conditions of Sale. These are causes of force majeure, by way of example and not exhaustive, the measures of the Public Authority, the strike of its employees, employees of third-party companies or employees of couriers, carriers of which the Seller makes use of, as well as any other circumstance that is beyond the control or independent of the latter. The Seller, except in the case of intent or gross negligence, will also not be responsible for disservices or malfunctions connected to the use of the Internet network outside its own control or that of its sub-suppliers, nor can it be held responsible for damages, losses and costs suffered by the Customer as a result of the non-execution of the online sales contract for reasons not attributable to him. If the Customer is no longer able to view part or all of the Site, no burden or responsibility can be attributed to the Seller, as the Customer must independently equip himself with equipment and programs suitable for connecting to the Internet. The Seller will do his best to ensure that the contents of the Site are up to date; however, the absolute absence of any errors and/or inaccuracies (typographical errors, inaccuracies or omissions, for example relating to the price, the availability of the Product, the product information sheet) cannot be ruled out. The Seller therefore reserves the right to correct errors, inaccuracies or omissions even after sending the Purchase Order and also reserves the right to modify or update the information at any time and without notice.

Privacy
To proceed with the registration, the placing of the purchase order and then the conclusion of the online sales contract, the Customer is asked for some personal data. The Customer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the legislation set out in Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each Purchase Order and, with your consent, for any marketing purposes as indicated in the appropriate Privacy Policy provided to the Customer through the Site at the time of registration. The provision of data is necessary for the conclusion and execution of the online sales contract, failure to provide them will not allow the conclusion and/or execution of the online sales contract. For any further information on the methods of processing personal data, the Customer is invited to read the Privacy Policy carefully.

Changes to the Conditions of Sale
The Seller reserves the right to change the Conditions of Sale at any time. The Customer will be subject to the new terms of the Conditions of Sale from time to time in force at the time the order is placed, unless any changes to the Conditions of Sale have been requested by law or by the competent authorities (in which case, they will also apply to orders in progress). If any provision of the Terms of Sale is held to be invalid, void or for any reason unenforceable, that condition will in no case affect the validity and effectiveness of the other provisions.

Dispute resolution
Please note that the European Commission (article 14 of EU Regulation no. 524/2013 and resolution on the ODR referred to in Statutory Instrument no. 500/2015 in force since February 15, 2016) has established the ODR platform for the extrajudicial resolution of disputes concerning contractual obligations deriving from sales contracts or online services between a consumer and a professional respectively resident and established in the European Union. The platform is accessible through the following link: https://webgate.ec.europa.eu/odr.

In this regard, the Seller's email address is: info@fiorenzaceramics.com.