Terms & Conditions

Terms and Conditions

Preamble

The conditions proposed by this e-shop regulate the sale and purchase agreement of the products offered by SCOPELLITI 1887 having an address at Via Fata Morgana n. 52 – 89125 Reggio Calabria, Italy – VAT n. 02038170805, through the website scopelliti1887.com (hereinafter, the “website”) to the website’s users (hereinafter, the “customers” or “customer”).

These terms and conditions set out the rights and obligations of the parties in the context of distance selling of products offered in the online store scopelliti1887.com in compliance with current regulations in regards to electronic goods and distance selling.

SCOPELLITI 1887 is the official authorised reseller of all the brands shown on the website.

Company information

SCOPELLITI 1887
Via Fata Morgana 52
89125 – Reggio Calabria – Italy
VAT 02038170805

Tel : +39 0965 374441

email : shop@scopelliti.it

All the information contained in this website scopelliti1887.com are written in English and Italian. By making an order, the customer accepts all liability for all the information regarding the company policy of sale.

1. Acceptance of company conditions of sale

By making a purchase order, the customer accepts unconditionally and is also responsible to abide by the general conditions and the conditions of payment in his account with SCOPELLITI 1887. The customer also declares to have observed and accepted all the contents presented. Furthermore, the application of any clauses is excluded, unless however in complies with the rules and regulations of SCOPELLITI 1887.

2. Territory and coverage

This version of the general conditions of sale refers to sales made to consumers who have their domicile or residence whether in Italy or abroad.

3. Customer’s obligations

The general conditions of sale must be examined on line by any customer visiting scopelliti1887.com before making a payment, no matter the method of payment (telephone, email, internet, other). The submission of the order confirmation therefore implies a total understanding and a complete acceptance of these general conditions of sale. Once purchased, the customer should print and retain a copy of these general conditions of sale.

The customer shall purchase the products in consultation with the technical descriptions presented online. Therefore he is the only responsible of his choice and of the product suitability.

4. Accountability

It is part of the responsibility and obligations of the customer to inquire about the specific compatibility of his purchase with his personal needs.

The technical and functional features related to the products published by SCOPELLITI 1887 through the informational descriptions of the articles are those submitted by the respective manufacturers. SCOPELLITI 1887 is not accountable for the veracity and the completeness of these information. The images of the products are approximate and not binding.

The products are not supplied on a trial. Although the site could provide useful information about the features of the products, the customer is responsible for choosing the ordered products and for the compliance and conformity of the specifications set by each manufacturer with his own needs. The published images are illustrative and their quality could depend on the tool provided by the customer. SCOPELLITI 1887 does not assume any responsibility for the problems caused by the customer’s use of the website.

5. Prices

The purchase is made by the customer and it is related to the available, illustrated and described products shown in their respective pages (images are approximate).

The established price is fixed and final. It does not include the delivery costs, that are charged separetely and will be indicated during the order confirmation.

All product prices are VAT inclusive except where explicitly stated otherwise.

For delivery in Europe, prices include VAT appropriate to the day of order. No other VAT or tax will be added by customs for a delivery in European Union. If taxation undergoes any changes this could have an affect on the prices of products in the catalogue.

For delivery outside of the European Union, the customer must settle the customs duty taxes, VAT or other taxes which may be imposed in order to deliver the product.

The customer is the only responsible for the related formalities, unless otherwise specified.

6. Payment

The customer has the responsibility to pay directly to the courier or to the transporter the customs taxes, VAT or other taxes concerning the importation of products in the countries where they will be delivered.

The payment of the purchased products and of the shipping costs will be paid by the customer through these modes: Credit card, Pay pal or bank transfer. (The various payment methods will be explained during the purchasing procedure).

Payment by bank transfer is subjected to the following conditions:

the bank transfer must be received within 10 working days from the order. After that date the order will become void. The goods will be shipped only after verifying the crediting to our account.

The ordered products are property of SCOPELLITI 1887 until the final payment of the total price (in accordance with Article 1523 and following of the Civil Code). SCOPELLITI 1887 reserves the right to claim the ordered products in the event of non-payment. In such a case, the customer will provide for the return of the products and for the shipping costs.

Each order for products submitted to scopelliti1887.com constitutes contract proposal on behalf of the customer. The order’s evation by scopelliti1887.com is the acceptance of the same.

The customer agrees to provide the exact details of the intended shipping address and billing information; in case of wrong delivery of such data, all the additional costs of recovery and return must be charged to the customer.

7. Product delivery and implementation of the order

Products purchased will be delivered by Scopelliti 1887 at the address indicated by the customer as a Delivery Address.

Unless the products are out of stock, the goods will be entrusted to the courier as soon as the accreditation of the payment has taken place. Shipments to both European and overseas destinations can be delivered within 4-14 working days, subject to customs clearance and the courier’s organization.
However, owing to the exclusive nature of our collection, the delivery times depend on the product concerned. For customized or hand-painted articles, please understand that the delivery time can be longer. We will send you a shipping confirmation by e-mail on the day we ship the products.
Of course physical or structural impediments (e.g. incorrect addresses) or events of force majeure such as strikes, natural disasters, problems related to shipping, delivery, manufacture, exchange rate fluctuations, governmental actions and / or regulations could delay shipments. If the force majeure event continues for a period exceeding two months, any of the two contracting parties is entitled to terminate the contract freeing both parties from any liability or obligation.

We use various international couriers, the choice depends on the country of destination and on the size of the package. The goods are adequately packed to avoid any risks for the purchaser from the moment the goods leave our shop to when the courier takes charge of the package.

Scopelliti 1887 recommends the customer to inspect the goods upon delivery before signing the delivery receipt. Once the receipt is signed it is no longer possible to open a claim for any damaged products and it is in your right to open the package if there are any signs of damage and check the contents in front of the courier.

If the customer should note any damage he can reject the goods and specify the reasons for the rejection on the delivery receipt with signature and date.

The delivery is considered as executed by the time the product is delivered to the customer. The delivery document issued by the courier, dated and signed by the customer upon the delivery of the product, will provide a proof relating to the transport and the release of the goods.

In case of error inherent to the product, the customer agrees to return such product or products to SCOPELLITI 1887 within 7 (seven) days from the receipt, providing to return the product unopened, in its original state and packaging with the accompanying documents.

The delivery of goods, unless otherwise specified, will be intended at street level.

The customer accepts these conditions with the purchase.

8. Availability of products

The definition of the stock in the e-shop is purely fictional; it may happen that a purchased item is temporarily not available. In this case, scopelliti1887.com ensures the smooth delivery of the order and reserves the right to request the goods temporarily out of stock to its suppliers. In this case, the purchaser can exercise the right of withdrawal due to lack of immediate delivery.

The customer accepts these conditions by purchasing.

9. Collection of the goods in the event of the customer’s absence

In the event of the customer’s absence at the time of the delivery, the courier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the courier and according to the courier’s instructions.

In case of collection failure within the period specified by the courier, the products will be returned to SCOPELLITI 1887. In this case, the customer will not be entitled to any refund. The shipping costs related to the products to return to SCOPELLITI 1887 will be charged to the customer.

10. Right of withdrawal

In accordance with article. 5 D. Decree of 22 May 1999. 185, the customer (if he can be defined a “consumer” within the meaning of Article 1 letter b) of Legislative Decree No 22 May 1999. 185) has the right to rescind the contract and to return the ordered goods without any penalty and without specifying the reason within the term of 10 (ten) working days from the definition of the order (the order is defined when the payment has been received) or from the receipt of the Products. The right of withdrawal should be exercised by the customer, under penalty of forfeiture, by sending a registered letter SCOPELLITI 1887 Via Fata Morgana 52, 89125 – Reggio Calabria – Italy, within the period of 10 (ten) working days from the receipt of the products. The notification referred above can be sent, within the same term, by telegram or fax to SCOPELLITI 1887 the number +39.0965374441, confirmed by registered letter, within 48 (forty eight) hours after sending the telegram or fax.

The consumer can not exercise the right of withdrawal for the supply of goods produced to order, “Based on a personal choice or clearly personalized” (art. 55 Legislative Decree 09/06/2005 n. 206); many of the products of our catalog are part of this series, for more information contact our customer service.

All returns (which should be perfectly intact and accompanied by the original packaging) must be authorized by the Customer Service. The product must be returned in its original packaging. The product must not have been used, or have suffered even the minimal damage and it must be in a state of perfect cleanliness.

Once the return is authorized, the customer can return the product to the following address: SCOPELLITI 1887 Via Fata Morgana 52, 89125 – Reggio Calabria – Italy. Cash on delivery is not accepted. Once received the products (and verified their integrity), SCOPELLITI 1887 will refund the customer the paid amount within a maximum of 30 days. For this reason, the customer should communicate to scopelliti1887.com their bank details.
Return costs must be charged to the customer. After the receipt, scopelliti1887.com will examine the goods to verify the existence of any damages (the substantial integrity is an essential condition for the exercise of the right of withdrawal). If the goods have been damaged during the transport, SCOPELLITI 1887 will inform the Customer (within 5 working days from the receipt of goods in their stores), to enable him to do a timely complaint against the courier of choice and get a refund of the value of the property (if insured). In this case, the product will be made available to the customer for the return, simultaneously canceling the request of withdrawal.

SCOPELLITI 1887 is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.

During the withdrawal period quoted in art. 15, the customer is responsible for the object as custodian of it. In case of damage or destruction of the product during the custody of the customer, the right of withdrawal will decay. Attention: All postage and packaging for returning goods are charged to the customer (as provided by art. 67 3 paragraph of Legislative Decree n. 206 of 06 / 09 / 05). The consumer can not exercise the right of withdrawal for the supply of goods produced to order, “made to measure or clearly personalized” (art. 55 Legislative Decree 09/06/2005 n. 206); many of the products of our catalog are part of this series, for more information contact our customer service.

11. Replacement

The replacement of the defective or damaged parts in shipping requires time just below or even equal to that of production since it is almost always produced to order. The practice of substitution will be initiated as soon as we receive the photographic record from the customer, which must be received in the period immediately following the delivery. Any possible replacement of the goods produced to order will not be made if the purchaser seeks to rely deviations from the colors and/or shades of fabrics, leather, metals, wood, glass and stone published on the website.

Our commitment will operate with the utmost speed in order to reduce waiting times.

12. Returning faulty or damaged goods

In case of defective goods, the same should be returned to SCOPELLITI 1887 within 7 days after the delivery.

The postage and packaging for the return shipment should be charged to SCOPELLITI 1887

Defective merchandise will be returned or refunded if the replacement with the same product is not possible. Should the customer receive the packages visibly damaged by the courier and/or courier (broken or visibly damaged packaging), it will proceed as follows:

– If there are more packages, dismiss only the damaged package to the sender. It will then be our responsibility to contact the customer and arrange replacement and/or refund.

– If it is a shipment of a single package, dismiss it to the sender and will be then our responsibility to contact the customer and arrange replacement and/or refund.

In the event of exhaustion of the damaged product, the customer will be contacted for a possible replacement item of equal value and features available, or alternatively for the return of the paid amount.

13. Claims

Claims for non-compliance of the delivered products must be sent (in a written form) directly to SCOPELLITI 1887, immediately after receiving the goods.

The customer must keep the original packaging and the delivery document.

14. Warranty – Technical assistance

SCOPELLITI 1887 guarantees the physical integrity of the product up to the moment of delivery.

Any defects covered by the warranty SCOPELLITI 1887 must be reported by the customer, subjected to revocation, no later than 10 (ten) days from the date of delivery. For practicality of the warranty, SCOPELLITI 1887, the customer will be entitled to the replacement of damaged products upon return of the same, being excluded the right of the customer to compensation for any further damage. The delivery costs necessary for covering the substitution product should be charged to SCOPELLITI 1887

SCOPELLITI 1887 does not provide any additional guarantee to that provided by individual manifacturers.

Technical support and warranty work on the products are made, where applicable, by the individual manufacturers, according to the terms and conditions set out in the documentation provided with the products. In particular, SCOPELLITI 1887 does not give any guarantee on the compatibility of the products with other products or equipment used by the customer, nor does it give any guarantee regarding the suitability of the products for the specific use intended by the customer.

Except in the case of fraud or gross negligence, SCOPELLITI 1887 agrees that, if found responsible for SCOPELLITI 1887 in any capacity against the customer – including the case of default, in whole or in part, the obligations assumed by SCOPELLITI 1887 against the customer as a result of the execution of an order – responsibility for SCOPELLITI 1887 will not exceed the price of the products purchased by the customer and for which the dispute arose.

15. Privacy

SCOPELLITI 1887 is the holder of the personal data collected during the registration to the website, as well as those subsequently communicated by the customer at the moment of the purchase, except for the data relating to the payment procedure, which refers to the banks through which the transaction occurs. The detailed information shown at the moment of the registration and the art. 13 Leg. 196 / 2003 provide the processing of personal data for users of the website scopelliti1887.com

By purchasing, the customer accepts these conditions.

16. Nominative information

Computer processing of information, including the management of e-mail addresses of the users of the website, is carried out in accordance with the provisions of the law.
The personal data requested from the customer are essential for processing and forwarding of orders,the creation of invoices and any warranty contracts. At this end, this information could be communicated to the contractual partners of SCOPELLITI 1887.
The customer may object to such a notice and in accordance with the law he may pursue the right to access, modify, rectify and delete data concerning him speaking to SCOPELLITI 1887.
To avoid any attempt of fraud, SCOPELLITI 1887 may ask proof of identity and domicile.

17. Electronic signature

The ”clickValidation” is a digital signature.
This electronic signature between the parties has the same value as a hand written signature.

18. Integrality of the contract

These general conditions of sale constitute the integrality of the obligations of the parties.

19. Intellectual and industrial property rights

SCOPELLITI 1887 informs that the website, as well as all the trademarks and logos used in connection with the sale of the products offered, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden in any form or for any purpose they occur. SCOPELLITI 1887 reserves the right to take legal steps to protect these aspects.

20. Nullity

Should one or more provisions of these terms and conditions be considered invalid or declared as such in accordance with a law, regulation or decision taken by acompetent jurisdiction, the other provisions remain in full force and value.

21. Applicable law

The contract of sale between the customer and SCOPELLITI 1887 is concluded in Italy and governed by the Italian law.

22. Jurisdiction

In case of a dispute, and in the absence of an amicable settlement reached between the parties, subject to any applicable mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n.185), any dispute related to these Terms and Conditions, will be under the exclusive jurisdiction of the Court of Reggio Calabria.

According to the article 14 of EU Regulation no. 524/2013 and the ODR resolution – Statutory Instrument no. 500/2015 since 15 February 2016, the European Commission set up an online platform for the settlement of online dispute resolution (ODR) for disputes deriving from the purchase of online goods accessible at the following link: ec.europa.eu/consumers

Through the ODR platform, the Customer can consult the list of ODR bodies, find the link of each of them and start a procedure resolution of online disputes. Further information on the platform is available at the following link: ec.europa.eu/consumers

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read, understood and agreed to its various parts: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22.

Time: Mon – Sat (9:00 – 18:00)

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