The offer of this online store is proposed by the company Bartolomeo Italian Design S.R.L
In compliance with current regulations on e-commerce and distance contracts.
Bartolomeo Italian Design S.R.L is an official authorized dealer of all the Brands on the site.
Bartolomeo Italian Design S.R.L
92015 RAFFADALI (AGRIGENTO) ITALY
Tel: 0922 472137
E-mail: [email protected]
The Customer declares to have read all the above information and general conditions of sale, before placing the order.
General conditions of Sale
These general conditions of sale govern the terms and conditions of sale of the products marketed by Bartolomeo Italian Design S.R.L .
All contracts for the sale of Products by Bartolomeo Italian Design SRL to third parties (the "Customers") are governed by these General Conditions, which form an integral and substantial part of each proposal, order and confirmation of
purchase order of Products themselves. The sales conditions applicable to orders are those in force on the date of the order.
1. Products: prices and features
1.1 Unless otherwise indicated, the prices of the Products published on the site by Bartolomeo Italian Design S.R.L are expressed in Euro and inclusive of VAT.(Residents ex EU or with a VAT number show the prices Excluded Taxes)
The price guaranteed to the buyer is the one published on the Website at the time the order is placed. The price established for purchase is fixed and final.
The prices of the Products from time to time published by Bartolomeo Italian Design S.R.L on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The technical and functional characteristics related to the Products published by Bartolomeo Italian Design S.R.L through their informative messages on the internet pages describing the articles, are those communicated by the respective producers. Bartolomeo Italian Design S.R.L assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding.
The Products are not supplied on trial. Although the site operators can provide information on the characteristics of the Products, the Customer is responsible for the selection of the Products ordered and the compliance and conformity of the specifications indicated by each manufacturer to their needs.
Each product order sent to Bartolomeo Italian Design S.R.L constitutes the Customer's contract proposal. The fulfillment of the order by Bartolomeo Italian Design S.R.L is equivalent to confirmation and acceptance of the same.
The fiscal documentation relating to the Products ordered will be issued by Bartolomeo Italian Design S.R.L at the time of dispatchment of the Products to the Customer.
An invoice will be issued by Bartolomeo Italian Design S.R.L, the Customer must indicate the exact data necessary for the billing and specify the shipping address of the invoice.
3. Order acceptance
The conclusion of the contract will take place only when the order is confirmed by Bartolomeo Italian Design S.R.L.
The Customer will receive by fax, post or e-mail a notification of receipt showing the order confirmation with all the elements constituting the contract (products ordered, prices, delivery dates, forwarding costs, ...)
Bartolomeo Italian Design S.R.L reserves the right not to confirm an order for any reason relating specifically to a problem of supplying Products, or to a problem concerning the order received.
4. Changes to the order
Any changes to orders placed by the customer are guaranteed until the production of the purchased items. Production takes place immediately after payment.
Bartolomeo Italian Design S.R.L is however available for any subsequent changes that are not however guaranteed and will eventually be authorized on the basis of the state of progress of production.
5. Execution of the order
The order will be executed in the terms specified on the Site.
In case of non-execution of the order by Bartolomeo Italian Design S.R.L. (if the same is due to unavailability of the Products ordered by the Customer), Bartolomeo Italian Design S.R.L will provide as soon as possible to inform the customer of the expected delivery times for the procurement of the missing Product. If the Customer does not intend to wait for such time, however not exceeding 30 working days, Bartolomeo Italian Design S.R.L will reimburse the sums already paid by them in respect of the supply not performed.
In case of exhaustion of the stock or unavailability of the ordered product, Bartolomeo Italian Design S.R.L undertakes to inform the customer as soon as possible and to specify a deadline for availability.
The Customer will confirm by e-mail his choice, that is wait for the availability of the Product or request a refund.
6. Forwarding and delivery
The forwarding procedure will be communicated to the customer by e-mail. The customer is required to receive the supply: if the availability date is not respected, any costs of storage and / or redelivery will be charged to the customer.
The Products are delivered to the address indicated by the Customer.
Forwarding will take place after receiving confirmation of payments:account,) for bank transfer, it is considered to be credited to our current account, for payment by credit card confirmation of successful transaction by the circuit.
For our deliveries we rely on the service of qualified couriers such as UPS, TNT, DHL or Couriers specialized in the delivery of furniture to ensure the quality of service and integrity of the Products.
7. Delivery times
The forwarding terms indicated on the site, although carefully evaluated, must be considered non-binding for Bartolomeo Italian Design S.R.L, which can subsequently confirm or modify them, according to their actual needs. Delivery times are shown in working days, and in most cases they vary between 3 and 7 weeks.
In consideration of the nature of the "goods to be packed or purchased especially for the Customer" (obviously that characterizes ALL the goods on sale on the site) is foreseen by the law an "additional term appropriate to the circumstances" within which a possible delay of production is considered precisely "in relation with respect to the circumstances".
The delivery date of an order containing items with different delivery times, will be forwarded under the terms of the (longer delay time) of the specific order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Products, nor to claim compensation or indemnity of any kind.
Bartolomeo Italian Design S.R.L has the right to carry out, if it deems it appropriate, the delivery of the Products (also relative to the same order) in several successive deliveries.
Bartolomeo Italian Design S.R.L works constantly in order to respect the punctuality of the times indicated in fact trying to anticipate them; for information on average availability times, contact Customer Service before purchasing if the Delivery Times are decisive for the purchase decision.
Finally, we specify that the production and deliveries planned in the periods prior to Christmas or summer holidays could suffer substantial delays related to the contingency of the period (even a slight unexpected delay before a closing period such as Christmas holidays or the closing of August it can cause the postponement of the delivery at the reopening of January and September).
Delivery is considered as executed from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
Delivery to the Plan and Assembly
The deliveries are intended exclusively at street level: there are no deliveries to the upper floors by the carriers and collection of the used article is not foreseen.
Bartolomeo Italian Design S.R.L does not offer assembly services unless previously agreed in writing.
Most of our products travel pre-assembled: assembly is very often quite simple, it normally consists in assembling already defined pieces.
It is important to know that:
Upon delivery, the Customer must verify the content, model and condition of the Product (s). Therefore, upon delivery, Bartolomeo Italian Design S.R.L recommends to the Customer to proceed with the verification of the status of the Products delivered before signing the notice of receipt, and in particular:
- that the number of packages delivered corresponds to what is indicated in the transport document attached to the deliveries;
- that the packaging is intact, undamaged, wet or otherwise altered, and to check the integrity of the contents.
If the Customer ascertains anomalies, he must refuse the delivery of the products or put in writing his reservations, detailed and dated. These reservations must be confirmed to the carrier by registered mail with return receipt within 3 (three) working days after delivery of the Products. A copy will be sent to the Bartolomeo Italian Design S.R.L.
If the courier's document is signed without affixing any "reserve", the Customer can not make any objection about the external characteristics of the delivered goods. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
Bartolomeo Italian Design S.R.L has the right, at its sole discretion, to deliver the Products ordered by a courier chosen by you.
Unless otherwise indicated, all deliveries are made to the street level.
Special terms and conditions of delivery must be previously agreed between the Client and Bartolomeo Italian Design S.R.L and accepted in writing by Bartolomeo Italian Design S.R.L.
8. Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of non-collection within the deadline set by the carrier, the products will be returned to Bartolomeo Italian Design SRL, which reserves the right to reimburse part of the price of the products, withholding the amounts corresponding to the injury suffered also as a loss of profit and leaving the shipping costs charged to the customer.
In the event of an error related to the Product, the Customer undertakes to return said Product or Products interested to Bartolomeo Italian Design SRL within 7 (seven) days of receipt, provided that they are returned with the closed packaging, in their original state and packaging with the accompanying documents.
Once the Product has been received in the correct form and manner, Bartolomeo Italian Design S.R.L will return, at its own expense, the initially ordered Product.
9. Inevitable cases
In certain cases, the following cases are considered as inevitable, in addition to those normally considered by the jurisprudence law:
- total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the Internet.
In case of such event, the execution of the order will be suspended immediately.
If after a period of 3 (three) months, the parties note the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
10. Possible non-availability
Bartolomeo Italian Design S.R.L works daily to keep updated its online catalogue. Due to the large number of items and collections we offer, it can rarely happen that a certain option is no longer available.
In such cases we will promptly notify the Customer that he can decide whether to make changes to the order or request a refund of the amount paid.
In addition, during the process of verifying production order confirmations, in the days following the order on the portal, the staff Bartolomeo Italian Design S.R.L checks the correctness of the prices of the products. If, due to rare these disadvantages, the indicated price should be lower than the correct selling price, Bartolomeo Italian Design SRL reserves the right to contact the customer to verify if he still wishes to purchase the product at the correct price (otherwise the order can not be accepted and any amounts paid will obviously be returned). If the price indicated is higher than the correct price, Bartolomeo Italian Design S.R.L will report it to the customer, crediting amounts already paid.
11. Product Guarantees - Technical Assistance
Bartolomeo Italian Design S.R.L guarantees the material integrity of the Products at the time of delivery (hereinafter, the "Guarantee Bartolomeo Italian Design S.R.L").
11.1 Any defects covered by the Guarantee Bartolomeo Italian Design S.R.L must be reported by the customer, forfeiting all rights if reported later, than 10 (ten) days from the date of delivery. In case of operation of the Guarantee Bartolomeo Italian Design S.R.L, the customer will have the right to replace the damaged Products upon return of the same, being excluded the right of the customer to compensation for any damage, even further. The trasporting costs necessary for the replacement of Products are borne by Bartolomeo Italian Design S.R.L.
11.2 In agreement with the provisions of article 8.1 above, Bartolomeo Italian Design S.R.L does not give any additional guarantee on the Products other than that provided by the individual manufacturers. Technical assistance and warranty interventions on the Products are carried out, where provided, by the individual producers, according to the terms and procedures indicated in the documentation attached to the Products themselves. In particular, Bartolomeo Italian Design S.R.L does not give any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor provides any guarantee regarding the suitability of the Products for the specific use envisaged by the Customer.
11.3 In agreement to the hypothesis of willful misconduct or gross negligence of Bartolomeo Italian Design SRL it is already agreed that, if the responsibility of Bartolomeo Italian Design SRL is ascertained in any way against the Client - including the case of non-performance, total or partial, to the obligations assumed by Bartolomeo Italian Design SRL towards the Customer due to the execution of an order - the responsibility of Bartolomeo Italian Design SRL can not be higher than the price of the Products purchased by the Customer and for which the dispute has arisen .
12. Right of withdrawal
12.1 In accordance with art. 5 of Legislative Decree 22 May 1999 n. 185, the Customer (if it qualifies as a "consumer" according to Article 1 letter b) of Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and return the Products ordered, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days from receipt of the Products.
12.2 The right of withdrawal referred to in Article 12.1 above must be carried out by the Customer, under penalty of forfeiture, by sending a registered letter to. Bartolomeo Italian Design S.R.L RAFFADALI (AGRIGENTO) within the term of 14 (fourteen) working days from receipt of the Products. The above communication can be sent, within the same period, also by telegram or fax to Bartolomeo Italian Design SRL at 0922 472137, provided that it is confirmed by registered mail within 48 (forty eight) hours after the telegram or fax is sent.
12.3 All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by Customer Service. Once the return has been authorized, the Customer can send the Product back to the following address (Bartolomeo Italian Design S.R.L) Via Macello N.5 92015 RAFFADALI (AG). Cash on delivery parcels will not be accepted.
12.4 The consumer is obliged to return the goods at his own expense and is responsible for the decrease in value resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the asset.
If the right of withdrawal is exercised by the consumer in accordance with the provisions here indicated, Bartolomeo Italian Design S.R.L will refund the amount paid, with the exception of the additional costs that the Customer has requested. By exercising the right of withdrawal on a single product whose value has allowed the activation of promotions on the Free Standard Transporting within a wider supply, the promotion will no longer be applicable; in this case the transporting costs of the order will be charged to the consumer as per the rate and then deducted from the refund due.
In case of damage to the goods during the transport of the returned goods, Bartolomeo Italian Design SRL will inform the Customer of the event (within 5 working days from receipt of the goods in their stores), to allow him to promptly report to the courier from his choise and obtain the reimbursement of the value of the asset (if insured); in this case, the Product will be made available to the Customer for his return, simultaneously canceling the request for withdrawal.
Bartolomeo Italian Design S.R.L is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
In the withdrawal period mentioned in Article 15, the Customer is responsible for the object as a custodian. In case of damage or destruction of the Product during the custody of the Customer, the right of withdrawal will expire.
12.5 Once the Products have been received (and verified their integrity) Bartolomeo Italian Design SRL will, as soon as possible, credit the Customer for the cost of the returned Products (as indicated on the invoice), with holding the transporting costs that will remain permanently charged to the customer.
12.6 The right of withdrawal referred to in the previous article, can not be exercised by the Customer in the event that the Products purchased consist of bottles of wine or sealed books, which were opened by the Customer himself or if the items being sold were ordered and products expressly made by order of the customer.
12.7 The consumer can not exercise the right of withdrawal "for non-prefabricated goods produced on the basis of an individual consumer choice or decision" (Directive 2011/83 / EU of the European Parliament) and "tailor-made or clearly personalized goods" ( Article 59 of Legislative Decree 21/2014): due to the high level of customization that characterizes our collections, and for production processes that are mainly commissioned by our suppliers, the right of withdrawal does not apply to the vast majority of products in our catalogue, for more information, contact Customer Service before purchasing or in any case before starting production.
12.8 The right of withdrawal can not also be exercised on sealed goods that do not lend themselves to be returned for hygienic reasons or related to health protection and were opened after delivery (e.g. mattresses, ...)
12.9 The right of withdrawal can not be finally exercised also on "non-personalized" goods in the following cases: contracts not included in consumer legislation (goods purchased with VAT for professional purposes);
Payment of the order / order payment is due from the time of order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and the transport) as well as to pay or to settle the account, if necessary, directly to the courier or to the carrier together with, VAT or other related taxes on the importation of the Products in the countries where the delivery will take place.
The Customer settles the account of the order:
- by credit card as proposed on the Site, relying on the paypal circuit.
The Customer guarantees the Bartolomeo Italian Design S.R.L the fact of having the necessary authorizations to use the card payment method when ordering.
- or by bank transfer to the Bartolomeo Italian Design S.R.L
In case of non-receipt by Bartolomeo Italian Design S.R.L of the bank transfer within 10 days after confirming the order, Bartolomeo Italian Design S.R.L reserves the right to cancel the order. Bank details are provided when ordering.
- or by Paypal.
The Customer guarantees the Bartolomeo Italian Design S.R.L of the fact of having the necessary authorizations to use the Paypal payment method when ordering.
14. Non-payment - Retention of title
The Products ordered remain the property of Bartolomeo Italian Design SRL up to the final payment and in full of their price (according to Art. 1523 and following of the CC.) Bartolomeo Italian Design SRL reserves the right to claim the ordered Products in case of failure of payment.
In this eventuality and at the request of Bartolomeo Italian Design S.R.L, the Customer undertakes to return any unpaid Product, at his own expense.
Claims for non-compliancy of the Products delivered with the order must be received in writing directly to Bartolomeo Italian Design S.R.L, immediately after receipt of the goods.
The Customer must keep the original packaging and the delivery document.
16. Registered information
The computerized processing of the information, including the management of the e-mail addresses of the users of the site, is carried out in compliance with the provisions of the law.
The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any guaranteed contracts.
For this purpose, this information may be communicated to the contractual partners of Bartolomeo Italian Design S.R.L.
The Customer may object to such communication and, in accordance with the law, makes use of the right to access, modify, rectify and delete data concerning him by contacting Bartolomeo Italian Design S.R.L. Via MAcello N.5 92015 RAFFADALI (AGRIGENTO).
To avoid any attempt at fraud, Bartolomeo Italian Design S.R.L can ask you to prove your identity, your residence.
17. Electronic signature
The "validation click" is an electronic signature.
This electronic signature has the same value as a handwritten signature between the parties.
18. Failure to renounce
For Bartolomeo Italian Design S.R.L, the fact of not asserting a lack on the part of the Client with respect to any of his obligations, can not be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time.
19. Integrality of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may enter or be excluded from these general conditions.
20. Intellectual Property
Bartolomeo Italian Design SRL is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the catalogue of the online store, consequently, the partial or total reproduction, on any type of support, of the elements that make up the Website and the catalogue, their use as well as their transfer to third parties are formally prohibited.
Should one or more provisions of these general conditions be considered not valid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and their value.
In the event of contention and in the absence of a friendly agreement reached between the parties, and in agreement to the possible applicability of mandatory provisions of law to protect consumers (as defined under Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute in any case connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of AGRIGENTO.
In accordance with to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions: 1-1.1-2-3-4-5-6- 7-8-8.1-8.2-8.3-9-10-11-11.1-11.2-11.3-12-12.1-12.2-12.3-12.4-12.5-12.6-12.7-12.8-12.9-13-14-15-16- 17-18-19-20-21-22.