Conditions of Sale

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Lacapasa.com di Quaranta Mimma 

GENERAL TERMS OF SALE
(D.Lsg. 70/2003 e D.Lgs 206/2005)

Last update: 12 September 2019

Premise

1 – Conclusion of the contract
2 – How to buy
3 – Payment methods
4 – Prices
5 – Shipping mode
6 – Delivery terms
7 – Shipping costs
8 – Quality and craftsmanship Guarantee
9 – Right to withdraw
10 – Service suspension
11 – Providing and processing personal data
12 – Intellectual property
13 – Competent legal forum
14 – Online dispute resolution

Premise

Lacapasa.com di Mimma Quaranta P.IVA 02973340736, with current legal headquarters in 74023 Grottaglie (TA), via Talete n. 16, entered at No. 183537 Registro Imprese di Taranto, Tel. 099.4007140, email: [email protected], PEC: [email protected], is an ecommerce site.
In accordance with the civil principles of loyalty, fairness and good faith on which contractual relations must be based, the Gentle Customers are invited to read, accept, print or save in electronic and/or paper format the general terms of shown below before making purchases on the catalog on this site. The following general sales conditions apply to all sales proposed by Lacapasa.com through the e-commerce site. The general conditions may be changed and updated, therefore, please consult the Customers regularly. The applicable general terms are those applicable on the date of the purchase order submission.

1 – Conclusion of the contract

1.1 – The online sales agreement is understood to have been concluded in Italy and is regulated by Italian law.

1.2 – To conclude the contract to buy one or more products on the Lacapasa.com Site, the customer will have to complete in advance – following the instructions that will accompany the different stages of the purchase – in each part the order form in format electronically and telematically transmit it to Lacapasa.com. Before transmitting the order form, the user will need to verify the correctness of the data entered and correct any errors. Lacapasa.com, registered the order form, will conclude the contract, sending promptly, to the e-mail address provided by the Customer, an email confirming the good end of the order. This confirmation email will contain: the summary of the general conditions; information regarding the characteristics of the purchased product; detailed indication of the price, how the payment used; shipping costs and any additional costs; how to properly exercise the right of withdrawal. The customer will take care to store on a durable and/or paper support the received email that constitutes proof of purchase. Back to index

2 – How to buy

2.1 – The customer can purchase the products in the site www.lacapasa.com and described in the information cards. For specific needs (e.g. wedding favours, company gifts, etc.) the customer can purchase via custom quote, even for products absent in the online catalog.  It should be noted that the photo of the product may not be perfectly representative of its own characteristics and that, given its artisanal nature, it may differ in shades of color, size or accessories added for mere photographic needs.

2.2 – The Customer correctly concludes the order procedure of the chosen product by filling in all its parts the order form on the site. At the order placed by the Customer is assigned an “Order Number” to be used in any subsequent communication with Lacapasa.com.

2.3 – When you submit your order, you declare that you have reviewed all the instructions on how to purchase the ceramic artefacts and that you have accepted in full and without reservation the present general terms of sale. Back to index

3 – Payment methods

3.1 – The payment methods accepted by Lacapasa.com are as follows:

The bank transfer must be placed within 2 (two) business days from the order date, in favor of Mimma Quaranta, IBAN: IT82V015032000000002807874 – BIC: UNCRITMM – Fineco Bank spa.  In the causal must be indicated the NUMBER OF ORDER.

The order will only take effect after the credit has been verified on the above c/c. The shipment of the product will take place only if the credit of the amount due is successful within and no more than 7 (seven) working days, starting from the date of the execution of the order. After that deadline, Lacapasa.com reserves the right to cancel the order.

3.2 – Customers who wish for the invoice are asked to provide, during the checkout of the order, the company name and the tax code or VAT number. Back to index

4 – Prices

4.1 – Lacapasa.com fiscally operates in “Regime Forfetario”. On the invoices will be the wording “Operazione effettuata ai sensi dell’articolo 1, commi da 54 a 89, della Legge n. 190/2014 così come modificato dalla Legge numero 208/2015 e dalla Legge n. 145/2018″. Stamp duty absolved on the original invoice for amounts greater than 77.47 €.

4.2 – Published prices may vary, at any time and without warning, in relation to promotions, business strategies or increased costs of raw materials. The amount that the Customer must pay is the amount posted on the product page at the time of the order.

4.3 – All product prices are in Euro and include VAT. Back to index

5 – Shipping mode

5.1 – The products are delivered in Italy and the EU countries,by express courier and directly to the delivery point indicated by the customer at the time of the order.

5.2 – If there are any impediments to delivery due to force majeure and/or liability of third parties, Lacapasa.com will contact you to update on delivery times.

5.3 – Under art. 63 del D. Lgs. n. 21 of 21 February 2014, the passage of the risk of loss or damage of property due not to Lacapasa.com is transferred to the Customer only when he/she enters the possession of the goods.

5.4 – At the time of delivery of the product by the courier, the customer is required to thoroughly verify the following conditions:

– that the packaging is intact, undamaged or in some way altered or deprived of the closing seals;

– that the number of packages delivered matches the number indicated in the transport document (DDT).

If there is any damage to the packaging or if the number of packages is not matched with the number of packages indicated in the DDT, the customer may refuse the delivery of the products, without aggravating the costs to him.
Alternatively, the customer may receive the product by affixing the word   “ACCEPT WITH RESERVE” on the courier’s proof, taking care to put in writing the MOTIVATION OF THE TAKE WITH RESERVE (e.g. damaged packaging).

You should immediately notify Lacapasa.com, via the [email protected] address or by calling +39 099 400 7140 that the product has been accepted with reservation. In the absence of such explicit acceptance with reservation, the Customer will not be able to complain later any vice regarding the external characteristics of the delivered product.

5.5 – The Customer is required to communicate promptly and in any case no later than 5 (five) days from delivery, by email to the address [email protected],  any defects of the goods purchased (eg product not physically intact; goods different and / or noticeably different from the one ordered; set of some components missing). Back to index

6 – Delivery terms

6.1 – Immediately available products are shipped within 3 (three) working days from the date of acceptance of the order.

6.2 – For products that are not immediately available, the time frame varies from 2 to 6 weeks. Shipping takes place within 3 (three) days of actual availability at the supplier. Lacapasa.com will update the customer on the processing steps of the ordered products. Back to index

7 – Shipping costs

7.1 – For Italy and for European Union countries,the basic shipping rates are shown in the table below. For orders shipped outside the European Union and for orders weighing more than 20 kg, shipping costs are set by personalized quote;

DESTINATION0-2 KG2 – 5 KG5 – 10 KG10-20 KG 20 KG
ITALY
(excluding disadvantaged locations)
7.50€8.90 €12.80 €15.90 €quote
ZONE 1
(Austria, Belgium, Denmark; Germany, Luxembourg, Holland,
Poland, Czech Republic, Slovakia, Slovenia, Hungary)
19.00 €21.20 €24.50 €31.80 € quote
ZONE 2
(France, United Kingdom, Spain)
22.70 €25.60 €30.80 €40.53 € quote
ZONE 3
(Croatia, Estonia, Finland, Greece, Ireland, Latvia,
Lithuania, Malta, Portugal, Romania, Sweden)
24.60 €29.20 €37.20 €53.80 € quote
ZONE 4
(Bulgaria, Cyprus)
46.50 €59.30 €81.80 €130.50 € quote
EXTRA UE quote quote quote quote quote

7.2 – Shipping costs don’t include the additional services (evening or Saturday delivery, “defined time” delivery, release of stocks, etc.) whose costs vary depending on the type of order. These costs will always be communicated to the customer in advance;However, the shipment of some products (e.g. lamps, dish services, etc.) requires packaging that generates volumes to be distributed in multiple packages. In these cases, the system automatically applies a cost surcharge during checkout.

7.3 – Shipping to “disadvantaged Italian locations” is a surcharge of 10 €, even in cases where free shipping is planned;

7.4 – For all orders, shipping is insured.

Back to index

8 – Quality and craftsmanship Guarantee

8.1 – Lacapasa.com sells handcrafted ceramics, so any slight imperfections found testify to its manual execution.

8.2 – Lacapasa.com is exempt from any contractual or non-contractual liability for direct or indirect damage to persons or property caused by the products being marketed, therefore it will not result in any form of damages and/or Compensation. Back to index

9 – Right to withdraw

Decreto Legislativo n. 21/2014

Decreto legislativo n. 206/2005 – “Codice del Consumo”

9.1 – The customer who purchased products through the Lacapasa.com Site has the right to withdraw from the contract concluded with Lacapasa.com, without any penalty and without specifying the reason, within 14 (fourteen) working days from the date of receipt of the goods. The withdrawal may be exercised by means of the specific form, or by expressly declaring the intention to withdraw by e-mail to [email protected] or via ordinary and / or priority mail to the following address: Lacapasa.com, Grottaglie (TA), Via Talete n. 16 – 74023 – Italy 16.
If you have a certified e-mail account (PEC), you can write to lacapasagrotta[email protected]. Lacapasa.com will confirm by e-mail that it has received the declaration of withdrawal, whatever means have been chosen for the communication of the exercise of the right of withdrawal.

For the exercise of the right of withdrawal the following provisions apply:

a) The Customer has a period of 14 (fourteen) working days from the date of receipt of the goods to declare his intention to make the return.

b) The Customer, within 14 (fourteen) working days from the date of notification of the intention to withdraw, must send the purchased products to the current Lacapasa.com address of Mimma Quaranta in 74023 Grottaglie (TA) at Via Talete n. 16, using a carrier of his own choice and expense, guaranteeing the traceability of the goods subject to withdrawal.

c) The Customer, within 14 (fourteen) working days from the date of notification of the intention to withdraw, must provide proof of shipment and tracking code of the goods subject to withdrawal by sending an e-mail to [email protected]

d) The provisions on the right of withdrawal do not apply to contracts that pay less than 50 €. (art. 47 dlgs 21/2014).

e) The supply of personalized goods is excluded from the right of withdrawal. (art. 59 dlgs 21/2014).

9.2 – The essential integrity of the product to be returned constitutes a necessary condition for exercising the right of withdrawal. The Customer is responsible for the decrease in the value of the goods due to handling other than that necessary to establish the nature, characteristics and functioning. The products must not be damaged and / or altered, they must be perfectly intact, accompanied by all the possible accessories and suitably packed in their original packaging or in another suitable to preserve them. Once the product has been received, Lacapasa.com reserves the right to evaluate the conditions and proceed with the refund only if it is perfectly intact. The customer must include in the package a copy of the order confirmation and a copy of the tax document (invoice or transport document).

9.3 – The refund to the customer (price of the goods and shipping costs) will be credited by Lacapasa.com within the term of 14 (fourteen) days starting from the notice of withdrawal sent by the Customer, through the same means of payment used by the Customer in the initial transaction, unless otherwise expressed by the Customer. The value date of the amount repaid will be the same as the debit. For the purposes of refund, the Customer must provide proof of shipment of the goods subject to withdrawal by sending an e-mail to [email protected] containing the certificate of shipment and the package tracking code.

9.4 – In the hypothesis of a product consisting of several units forming a set, the return must take place in a single shipment.

Failure to comply with these conditions renders the return ineffective and does not give rise to any refund. Back to index

10 – Service suspension

10.1 – Lacapasa.com reserves the right to temporarily suspend the provision of the services provided to carry out the necessary and / or appropriate technical updates in order to improve the quality standards of the same services without any prior notice.

10.2 – Lacapasa.com has the right to interrupt the provision of the service for security reasons or for violations of confidentiality, subject to communication to the user. Back to index

11 – Processing of personal data

11.1 – From May 25, 2018 the new General Data Protection Regulation (EU 2016/679) is in force regarding protection privacy protection. The kind customer is invited to consult the information on privacy and cookie management present on the site. Lacapasa.com will process the personal data of customers to manage existing business relationships (sending estimates, order notes, shipping tracking codes, etc.). The sending of informative and promotional emails is carried out only following the provision of explicit consent from the customer. Back to index

12 – Intellectual property

12.1 – The contents of Lacapasa.com, such as works, images, photographs, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on the Lacapasa.com Website, including menus, web pages, graphics, colors, patterns, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property right of Lacapasa.com. The following are expressly prohibited: reproduction, even partial; editing; duplication; the distribution; the sale; or in any case the exploitation of the images and more generally of the contents of the Site for any purpose pursued by the user, without the prior written authorization of Lacapasa.com owner of the same exclusive rights. Any use of the contents of the Site for commercial and / or advertising purposes is also prohibited. Back to index

13 – Competent legal forum

13.1 – For the settlement of any dispute arising from this contract (validity, interpretation, execution and termination) and concerning the relations between Customer-Consumer and Lacapasa.com, the jurisdiction of the court of residence or domicile of the consumer.

13.2 – In the event of disputes concerning the validity, interpretation, execution and termination of this contract that are excluded from the scope of application of the Consumer Code (Legislative Decree 206/2005) mentioned above, the exclusively competent forum will be the Court of Taranto. Back to index

14 – Online dispute resolution

14.1 – From 15 February 2016 consumers in Europe can use the ODR (Online Dispute Resolution) web platform accessible at http://ec.europa.eu/consumers/odr/ for dispute resolution. This tool allows the consumer to settle out of court any dispute relating to contracts for the sale of goods stipulated online. For more information, visit the website of the “National Center of the European Consumer Network” (ECC-NET). Return to the index