Regulations

ARTICLE 1 – Definitions

In these General Terms and Conditions of Sale, hereinafter the “General Terms and Conditions”, the following terms shall have the meanings set out below, unless otherwise defined.

“Ceramichecaltagirone” means the online store published on the Website, named “Ceramichecaltagirone”, managed by V.A.

“V.A.” means Villa Arredi di Casà Domenico, with registered office at Viale L. Sciascia, 186, 92100 Agrigento, Italy, VAT number 01673800841, Tax Code CSADNC64T29A089F.

“Customer” means any person who browses the Website, whether or not they have completed the registration procedure, including anyone acting as a Registered Customer or Consumer Customer.

“Consumer Customer” means a natural person who acts for purposes unrelated to any business, commercial, craft or professional activity, as defined by Article 3, letter a), of the Italian Consumer Code.

“Registered Customer” means the user who has successfully completed the registration procedure on the Website and has chosen a username and password in order to access, among other things, the section reserved for Registered Customers. The Registered Customer may browse the Website and use all services made available on the Website from time to time.

“Consumer Code” means Italian Legislative Decree no. 206 of 6 September 2005, as amended and supplemented.

“Content” means all information, videos, images, sounds, music, photographs, software, newsletters, animations, databases, design, trademarks, logos, technical solutions, graphic creations, look and feel, structure and any other part already created or to be created, whether registered or not, protected or not by copyright or other legal protection, published on the Website or otherwise made available by V.A. to Customers. This includes product sheets, product descriptions, images, service descriptions, trademarks and logos of third-party manufacturers or suppliers.

“Contract” means, jointly, these General Terms and Conditions of Sale, including any document referred to herein, any additional conditions published on the Website, any further rules, guidelines, codes of conduct and/or instructions included in the individual Product pages or otherwise published on the Website, as well as any registration form or Purchase Order issued by the Customer and accepted by V.A.

“Business Day” means any calendar day except Saturdays, Sundays and any other day on which credit institutions operating in Agrigento are generally not open to the public for normal business activity.

“Purchase Order” means the order for the purchase of Products issued by the Customer in accordance with the purchase procedure set out in Article 3 below.

“Product” means any product offered for sale by V.A. on the Website.

“Website” means the website www.ceramichecaltagirone.com.

ARTICLE 2 – Subject matter

2.1

The Contract contains the terms and conditions governing:

  • the sale of Products purchased by the Customer through the Website;
  • the Customer’s browsing of the Website and use of all functions made available to the Customer through the Website;
  • any purchase of Products made by a Customer acting as a Consumer Customer.

Where the Customer acts as a Consumer Customer, the purchase shall be governed not only by the Contract but also by the applicable provisions of the Italian Consumer Code and Italian Legislative Decree no. 70/2003 on electronic commerce.

These General Terms and Conditions are governed by Italian law, without prejudice to any mandatory consumer protection rights that may apply under European Union law or under the law of the country in which the Consumer Customer has their habitual residence, where applicable.

ARTICLE 3 – Registration on the Website and acceptance of the General Terms and Conditions

3.1

A Customer who wishes to act as a Registered Customer must complete the registration procedure on the Website by providing the requested personal information and data and by indicating an email address.

V.A. shall send a registration confirmation email to the email address provided by the Registered Customer during the registration procedure.

3.2

The Registered Customer must carefully read these General Terms and Conditions and, more generally, the terms and conditions of the Contract. These may be viewed and printed during the registration process, including through pop-ups or hyperlinks.

The Customer must accept these terms and conditions by clicking the appropriate box marked with the wording “I accept the terms and conditions of use” or similar wording.

3.3

The Customer expressly authorises V.A. to send to their email address, including by means of specific links to the relevant pages of the Website, this Contract, including these General Terms and Conditions, any special conditions and all communications relating to the performance of this Contract.

The Customer acknowledges that this Contract, including these General Terms and Conditions, any special conditions and all related amendments in force from time to time, may be printed or downloaded by the Customer.

ARTICLE 4 – Purchase Order, conclusion of the Contract and order status

4.1 – Submission of the Purchase Order by the Customer

The offers of Products displayed on Ceramichecaltagirone or, more generally, on the Website, are not binding on V.A. and do not constitute an offer to the public. They constitute an invitation to the Customer to submit Purchase Orders for Products to V.A.

The Contract must be examined by the Customer before submitting any Purchase Order for Products or Services.

Without prejudice to the provisions of Article 3 above for Registered Customers, the submission of a Purchase Order by the Customer implies full knowledge and acceptance of these General Terms and Conditions and of the Contract in general.

Purchase Orders must be completed using the electronic form made available in the appropriate section of the Website and must be sent to V.A. through the Website, according to the procedures indicated therein.

Each Purchase Order submitted by the Customer shall constitute a binding contractual proposal pursuant to Article 1326 of the Italian Civil Code.

Before the submission of the Purchase Order, V.A. shall provide the Consumer Customer with the pre-contractual information required by the Italian Consumer Code and by Italian Legislative Decree no. 70/2003, where applicable.

4.2 – Confirmation of receipt of the Purchase Order by V.A.

After submitting a Purchase Order for Products or Services, the Customer shall receive an email from V.A. confirming receipt of the Purchase Order and indicating the relevant order identification number.

In this email, V.A. shall also summarise:

  • the unit cost of each selected Product;
  • the total amount for each order line;
  • the total order cost, in the case of the purchase of several Products;
  • any costs for additional services, such as transport, shipping or installation, where applicable.

Upon receipt of the confirmation email, the Customer may check the accuracy of the data, Products and Services purchased and, where necessary, report any errors or request information by sending an email to:

info@ceramichecaltagirone.com

4.3 – Acceptance of the Purchase Order and conclusion of the Contract

V.A. shall communicate the acceptance of any Purchase Order for Products or Services subject to:

  • verification of the availability of the Product;
  • positive verification of the regular payment of the amount due by the Customer, except where the Customer has chosen cash on delivery, where available.

In particular, payment verification may include:

  • authorisation of payment by the banking circuit, in the case of payment by credit card or PayPal;
  • receipt of the bank transfer by V.A., in the case of payment by advance bank transfer.

Once the Purchase Order has been submitted, the Consumer Customer is invited to print and keep a copy of this Contract and of these General Terms and Conditions.

ARTICLE 5 – Right of withdrawal

5.1 – Right of withdrawal

Pursuant to Articles 52 and following of the Italian Consumer Code, the Customer who purchases as a consumer has the right to withdraw from the purchase contract, without giving any reason, within 14 days.

The withdrawal period expires after 14 days from the day on which the Customer, or a third party appointed by the Customer other than the carrier, physically receives the Product.

In the case of an order consisting of several Products delivered separately, the withdrawal period expires after 14 days from the day on which the Customer receives the last Product.

The right of withdrawal applies exclusively to Consumer Customers, meaning natural persons who purchase for purposes unrelated to any business, commercial, craft or professional activity.

The right of withdrawal does not apply to purchases made by companies, professionals or VAT-registered customers, unless otherwise agreed in writing.

5.2 – Digital withdrawal function

For contracts concluded online through the Website, the Consumer Customer may exercise the right of withdrawal through the digital withdrawal function made available on the Website.

The digital withdrawal function is visible, easily accessible and available for the entire withdrawal period.

The Customer may access the function through a button or link with the following wording:

Withdraw from the contract here

or equivalent clear and unambiguous wording.

The digital withdrawal function allows the Customer to submit an online withdrawal statement by indicating at least:

  • the Customer’s full name;
  • the order number or other information identifying the contract from which the Customer wishes to withdraw;
  • the electronic means, such as email address, through which the Customer wishes to receive confirmation of receipt of the withdrawal request.

The Customer may also provide, where useful for managing the return:

  • the Product or Products for which the Customer wishes to exercise the right of withdrawal;
  • a telephone number;
  • any additional information useful to identify the order or manage the return.

After completing the withdrawal request, the Customer shall be asked to confirm the request through a second confirmation button with the following wording:

Confirm withdrawal

or equivalent clear and unambiguous wording.

The right of withdrawal shall be considered exercised on time if the online withdrawal statement is submitted by the Consumer Customer before the expiry of the withdrawal period.

Once the withdrawal request has been received, V.A. shall send the Customer, without undue delay, confirmation of receipt of the withdrawal request on a durable medium, normally by email, indicating the content of the request and the date and time of receipt.

5.3 – Withdrawal by email

The Customer may also exercise the right of withdrawal by sending a clear written statement expressing the decision to withdraw from the purchase contract to the following email address:

info@ceramichecaltagirone.com

The communication must include:

  • Customer’s full name;
  • order number;
  • Product or Products for which the Customer wishes to exercise the right of withdrawal;
  • email address to which the withdrawal confirmation must be sent;
  • any telephone number useful for managing the return.

5.4 – Return of Products

After communicating the withdrawal, the Customer must return the Products within 14 days from the date on which the withdrawal request was sent.

The Products must be returned to the following address:

Ceramiche Caltagirone di Domenico Casà
Viale L. Sciascia, 186
92100 Agrigento
Italy

The Products must be returned intact, complete, unused and carefully packed, preferably in their original packaging or, in any case, in packaging suitable to protect them during transport.

Since the Products are handmade ceramic items, fragile and delicate by nature, the Customer is asked to pay particular attention to the packaging of the return, using adequate protective materials to prevent breakage or damage during shipping.

The Customer is responsible for any decrease in the value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

The direct costs of returning the Products shall be borne by the Customer, unless otherwise agreed or expressly indicated by V.A.

5.5 – Refund

If the right of withdrawal is correctly exercised, V.A. shall refund to the Customer all payments received, including the standard delivery costs paid at the time of purchase, within 14 days from the day on which V.A. was informed of the Customer’s decision to withdraw.

The refund shall be made using the same payment method used by the Customer for the original purchase, unless otherwise agreed.

Any additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by V.A. shall not be refunded.

V.A. may withhold the refund until it has received the returned Products or until the Customer has provided proof of having sent them back, whichever occurs first.

5.6 – Exclusions from the right of withdrawal

Pursuant to Article 59 of the Italian Consumer Code, the right of withdrawal is excluded, among other cases provided by law, for the supply of goods made to measure or clearly personalised.

Therefore, the right of withdrawal does not apply to Products made according to the Customer’s specific request, including, by way of example:

  • Products bearing names, initials, dedications, coats of arms or personalised inscriptions;
  • Products made with colours, sizes, decorations or compositions expressly requested by the Customer and not available as standard catalogue options;
  • Products created specifically on commission;
  • items modified or adapted at the Customer’s specific request.

The right of withdrawal remains applicable to handmade Products purchased from the online catalogue, even if they are handmade or hand-decorated, when they have not been made to measure or clearly personalised for the Customer.

Small differences in colour, shape, decoration, finish or size, which are typical of handmade ceramic Products, do not in themselves constitute a Product defect, but are a natural feature of artisanal production.

This does not affect the Customer’s rights under the legal guarantee in the event of defective, damaged or non-conforming Products.

5.7 – Damaged, defective or non-conforming Products

The right of withdrawal is different from the legal guarantee of conformity.

If the Product received is damaged, defective or not in conformity with the order, the Customer must contact V.A. promptly by sending photographs of:

  • the Product received;
  • the packaging;
  • the parcel received.

In such cases, the request shall be handled under the rules on the legal guarantee of conformity and not as a simple withdrawal due to change of mind.

5.8 – Consequences of failure to provide correct withdrawal information

If the Consumer Customer is not correctly informed about the right of withdrawal, the withdrawal period may be extended in accordance with the Italian Consumer Code.

Where the information on the right of withdrawal is provided late, within the period allowed by law, the withdrawal period shall expire 14 days after the day on which the Consumer Customer receives that information.

ARTICLE 6 – Product characteristics

6.1 – Prices

The prices of the Products published on the Website include VAT, unless otherwise indicated, but do not include any transport, shipping or additional service costs.

Without prejudice to the above, V.A. reserves the right to change, at any time, at its sole discretion and without prior notice, the price of the Products and the characteristics displayed on the Website.

V.A. does not guarantee that the sale price of the Products or their characteristics will remain available on the Website or unchanged for any specific period of time.

For clarity, any price agreed following V.A.’s acceptance of a Purchase Order submitted by a Customer shall remain fixed and unchanged between the parties for that specific order.

6.2 – Product description

The images or photographs used in connection with each Product description are merely indicative.

Given the nature of the Product, which is handmade, shaped and painted by hand, the Product received may not be perfectly identical to the images shown on the Website.

The Product may differ slightly in colour, size, decoration, tone or finish from the photographs used in the Product description.

6.3 – Handmade characteristics

The item shipped may not be identical to the one shown in the photograph because, due to the handmade and hand-painted nature of the Product, each item may differ from another and must be considered unique.

Therefore, dimensions, decorations and colour shades shown in the photographs are purely indicative.

These natural variations do not constitute a defect, provided that the Product corresponds to the essential characteristics described on the Website.

6.4 – Product availability

The availability of each Product may vary depending on the Product itself.

Since Customers may place online orders at any time, Product availability changes constantly.

V.A. does not guarantee the availability of the Products ordered by the Customer but reserves the right to verify availability from time to time and to inform the Customer in accordance with Article 4 above.

ARTICLE 7 – Payment methods

7.1 – Advance bank transfer

If the Customer chooses to pay by advance bank transfer, payment must be made within 5 Business Days from the date on which V.A. confirms receipt of the Purchase Order pursuant to Article 4.2.

If the bank transfer is not received by V.A. within this period, V.A. shall have the right not to accept the relevant Purchase Order. If the Purchase Order has already been accepted, the relevant Contract shall be deemed automatically terminated and ineffective, and the Customer shall receive an email from V.A. to this effect.

The Customer’s bank may charge a fee for carrying out the bank transfer.

In any case, the Products covered by each Purchase Order accepted by V.A. shall be shipped only after V.A. has received the amount due in its bank account.

The bank details for payment shall be provided after completion of the online order, where this payment method is available.

7.2 – Credit card

If the Customer chooses to pay by credit card, among those available and indicated online, payment must be made when the Purchase Order is submitted.

The bank or payment service provider used by V.A. shall automatically verify the validity and operability of the card at the time of the order and shall send a confirmation email indicating the outcome of the transaction.

The amount due shall be charged at the time of payment.

In order for a Purchase Order to be confirmed, the Customer may be required to provide a telephone number where they can be contacted, to allow V.A. to carry out any checks necessary for the security of the transaction.

Failing this, V.A. reserves the right not to accept the Purchase Order.

At no point during the payment procedure is V.A. able to access information relating to the Customer’s credit card number or financial data.

The payment order is transmitted through a secure connection directly to the bank or payment service provider indicated at the time of payment confirmation.

V.A. shall not be liable for any fraudulent or unlawful use of credit cards by third parties during the purchase and payment procedure, except in cases of liability provided by mandatory law.

7.3 – PayPal

If the Customer chooses to purchase using PayPal, at the end of the order procedure the Customer shall be redirected to the PayPal login page.

The amount due in relation to each Purchase Order shall be charged to the Customer’s PayPal account when the Purchase Order is submitted.

For each transaction carried out through PayPal, the Customer shall receive a confirmation email from PayPal.

V.A. reserves the right not to accept Purchase Orders or to suspend the execution of Contracts already concluded if PayPal reports payment anomalies or irregularities.

In such cases, V.A. reserves the right to request additional information from the Customer and/or copies of documents proving the ownership of the card or account used for the purchase.

If the requested documentation is not provided, V.A. reserves the right not to accept the Purchase Order or to terminate any Contract already concluded, without the Customer being entitled to claim damages or make any other claim, except for rights provided by mandatory law.

7.4 – Cash on delivery

Where available, the Customer may choose to pay the amount due to V.A. by cash on delivery.

The cash on delivery service has an additional fee of €9.90, unless otherwise indicated on the Website.

In this case, payment by the Customer must be made exclusively in cash.

Payment by cash on delivery is allowed only if the total value of the relevant Purchase Order is between €150.00 and €999.99.

7.5 – Other payment methods

Any additional payment methods made available on the Website, including third-party payment services, shall be indicated during the checkout process and may be subject to the terms and conditions of the relevant payment provider.

ARTICLE 8 – Payment security

For online payments, the data provided by the Customer are transmitted using secure methods designed to prevent unauthorised reading by third parties.

The payment systems used by V.A. may use SSL technology, namely Secure Socket Layer, to encrypt data sent over the Internet, as well as additional security systems adopted by banks or payment service providers.

To ensure that the connection is secure, the Customer should check that the page address begins with “https” and that the lock symbol shown in the browser is closed.

The Customer’s credit card data are transmitted to the bank or payment service provider only after the Customer confirms the payment.

V.A. does not store or directly process the Customer’s full credit card data, unless otherwise expressly indicated and in compliance with applicable law.

ARTICLE 9 – Shipping costs

The price of the Product purchased by the Customer does not include shipping costs, unless otherwise expressly indicated.

Shipping costs are calculated automatically by the Ceramichecaltagirone system, taking into account, among other things, the weight, size and destination of the Products.

The amount of shipping costs shall be indicated in the Purchase Order before it is submitted by the Customer.

Where delivery outside Italy is available, shipping costs, delivery times, customs duties, taxes or other charges may vary depending on the destination country.

Any customs duties, import taxes or local charges applicable in the country of destination shall be borne by the Customer, unless otherwise expressly indicated during checkout.

ARTICLE 10 – Delivery times

Since the Products are handmade items, delivery times may vary depending on Product availability.

Indicatively, Products are delivered within 3 to 15 Business Days from order confirmation, unless otherwise indicated on the Website or in the Product page.

For deliveries outside Italy, delivery times may vary depending on the destination country, customs procedures, carrier service and other circumstances beyond V.A.’s control.

Any delivery times indicated on the Website are estimates and do not constitute an essential term, unless expressly agreed in writing.

ARTICLE 11 – Security

The Registered Customer is responsible for the safekeeping and proper use of all email addresses, usernames, nicknames and passwords used to access the Website.

The Registered Customer must take all necessary measures to ensure that such credentials are used properly and kept confidential, and that usernames and passwords are not disclosed to unauthorised persons.

The Registered Customer is responsible for any activity carried out through their account and shall be liable for any damage resulting from improper use of their access data by third parties, where such improper use is attributable to the Registered Customer.

The Registered Customer must immediately inform V.A. if there is reason to believe that a username, email address or password has become known to an unauthorised person, or is likely to be used in an unauthorised manner.

If a Registered Customer forgets or loses their username or password, they must contact V.A. and carry out the security checks required by V.A.

V.A. reserves the right to suspend usernames, email addresses, nicknames and passwords for access to the Website if it believes that there is, or is likely to be, a security issue or unauthorised use.

The Registered Customer is responsible for the truthfulness of the information and personal data provided at the time of registration.

The Registered Customer must immediately inform V.A. of any changes to the information and personal data provided at the time of registration or, where possible, update them directly, so that such information and personal data are always current, accurate, complete and truthful.

If false, inaccurate or incomplete information or personal data are provided, or if V.A. has reasonable grounds to suspect this, V.A. shall have the right to prevent the Registered Customer from using the Website.

ARTICLE 12 – Use of the Website

The Website, the Products and the functions made available or purchased through the Website are provided exclusively for the Customer’s personal use.

The Customer may not resell or attempt to resell Products, Services, Content or functions made available or purchased through the Website to any third party.

The Customer may not use the Website for business, professional or commercial purposes, including advertising, promotion, placement or any other form of commercialisation of Products, Services or Content made available through the Website, without the prior written consent of V.A.

The Customer must not copy, modify, transmit, distribute externally, publicly display, download, print or publish any part of the Website or Content for commercial purposes.

The Website may be used only for the Customer’s personal purposes and in accordance with this Contract.

The Customer may not modify or alter the editing, graphics, layout or look and feel of any web page within the Website, as these are determined by V.A. or on behalf of V.A. at its sole discretion.

V.A. has the right to include its trademark, trade name, logo, ideogram or other distinctive sign, as well as banners, hyperlinks or other forms of advertising, at its sole discretion within each web page of the Website.

The Customer must not exploit or use the Website or any Content in a way that may cause harm to V.A. or to third parties.

In particular, the Customer must refrain from using the Website or the Content to carry out competing activities or in any way that may damage or prejudice the interests, including economic interests, or the image of V.A., other Customers or third parties.

The Customer is solely responsible for evaluating any Product or Service displayed on the Website.

V.A. assumes no liability for personal data, information or other content sent, disclosed, uploaded or downloaded by the Customer or any third party through the Website, except in cases provided by mandatory law.

Where the Website allows the Customer to make comments or express opinions regarding Products, Services or functions made available through the Website, the Customer undertakes to ensure that such comments or opinions relate specifically to the activity or Product being reviewed and refer to specific and factual circumstances.

V.A. reserves the right, without prior notice, not to publish, to remove from the Website or to modify any content made available by the Customer of which it becomes aware, as well as any other content published by third parties, where such content constitutes or may constitute a breach of this Contract, mandatory legal provisions or third-party rights, or where V.A. believes in good faith that such information or content breaches this Contract or the law.

The Customer shall hold V.A. harmless from any claim or legal action brought or threatened against V.A. by third parties as a result of the Customer’s use of the Website or its functions in breach of this Article or any other provision of this Contract.

ARTICLE 13 – Intellectual property

The intellectual property rights relating to the Website and the Content are and shall remain the exclusive property of V.A. or its licensors.

The Customer is expressly prohibited from copying, modifying or creating derivative works based on the Website, the Content or the software.

The Customer is expressly prohibited from downloading, copying, reproducing, duplicating or otherwise using or disclosing any trademark, trade name, logo, ideogram or other distinctive sign relating to ceramichecaltagirone.com or its Products, except with the prior written consent of V.A.

ARTICLE 14 – Protection of personal data

The privacy policy prepared pursuant to Regulation EU 2016/679, the General Data Protection Regulation, and the Italian Privacy Code, as amended, shall be considered an integral part of this Contract.

The Data Controller is:

Casà Domenico
c/o Villa Arredi – Ceramichecaltagirone.com
Viale L. Sciascia, 186
92100 Agrigento
Italy

The Customer is invited to read the Privacy Policy available on the Website, which explains how personal data are collected, used, stored and protected, as well as the rights that may be exercised by the data subject.

ARTICLE 15 – Communications and problem resolution

Any communication relating to these General Terms and Conditions or, more generally, to any Contract entered into with V.A., must be sent by post or email to the contact details indicated below:

E-commerce Manager
Casà Domenico
c/o Villa Arredi – Ceramichecaltagirone.com
Viale L. Sciascia, 186
92100 Agrigento
Italy

Email:

info@ceramichecaltagirone.com

For telephone assistance relating to CeramicheCaltagirone.com, the Customer may contact the following number:

+39 0922 606782

Assistance is available from Monday afternoon to Saturday, excluding holidays, from 9:00 a.m. to 1:00 p.m. and from 4:00 p.m. to 8:00 p.m., Italian time, unless otherwise indicated on the Website.

ARTICLE 16 – Governing law and jurisdiction

This Contract is governed by Italian law.

For any dispute relating to the validity, effectiveness, interpretation or performance of each Contract, as well as, more generally, to the Customer’s browsing of the Website or use of any function made available through the Website, the Court of Agrigento shall have jurisdiction.

This is without prejudice to the mandatory jurisdiction of the court of the place of residence or domicile of the Customer acting as a Consumer Customer, where provided by the Italian Consumer Code or by other applicable mandatory consumer protection rules.

For Consumer Customers residing in another European Union Member State, this clause does not affect any mandatory consumer protection rights or jurisdiction rules that may apply under European Union law or the law of the Consumer Customer’s country of residence.

ARTICLE 17 – Final provisions

These General Terms and Conditions are available on the Website and may be downloaded, saved and printed by the Customer.

V.A. reserves the right to amend or update these General Terms and Conditions at any time.

Any amendments or updates shall be effective from the date on which they are published on the Website and shall apply only to purchases made after that date, unless otherwise required by mandatory law.

The latest updated version of the General Terms and Conditions is the one available on the Website.