1. SELLER’S IDENTITY
The products under the following general conditions are sold by Zani Collezione Poltrone di Zani Paola (here following abbreviated Zani Collezione Poltrone), with head office in Varedo (Cap. 20814 – MB) in Via E. Toti n. 13, VAT Number: 10392960968, REA MB-2528196, PEC address zanicollezione@pec.it mail address shop@paolazani.it, and are sold through its online shop reachable at the website www.paolazani.it, this last domain of exclusive property of Zani Collezione Poltrone
2. OBJECT OF THE CONTRACT
Zani Collezione Poltone (following also called Seller) will distance selling to the Customer (that can be proceed to the purchasing both as Consumer and as subject that exercise business activity and/or professional activity) goods that this last can choose at the website www.paolazani.it (following called website) and summarized in the section indicated as “cart”.
The expression “online sales contract” means the purchase contract related to “material” goods stipulated by the Seller and the Customer within a system of distance selling through telematic tools organized by the Seller.
3. REGISTRATION
In order to proceed with the purchase of each goods present in the aforesaid website, the registration of the customer is needed.
4. ACCEPTATION OF THE GENERAL SALES
4.1 The online sales contract stipulated between Zani Collezione Poltrone and the Customer is considered concluded with the acceptation, even only partial, of the order by the Seller Zani Collezione Poltrone.
4.2 The acceptation of the order will be normally communicated through email inserted by the Customer in the registration phase. The computer system of the Seller will send a communication through email to the address inserted by the Customer in the registration phase and in the shortest possible time the confirmation of the occured registration of the order, forwanding a summary communication of the same, thereby ending the online sales contract.
4.3 By ending the order, the Customer will declare to have read all the indications given to him during the purchasing procedure and to integrally accept these general sales conditions with the related payment terms.
4.4 In the event that the Customer is a consumer, once the online purchase procedure has been completed, he will have the duty to print or to save an electronic copy and to preserve in any case these general sales conditions in compliance with the previsions
of the consumer code on distance selling.
5. NATURE OF THE GOODS, PRICES AND THEIR AVAILABILITY
5.1 Zani Collezione Poltrone handle with the selling of furniture, precisely of upholstered furniture such as sofas, armchairs and beds and related accessories and objects, reserving the right to promote or sell online even only a part of its own collection.
The goods present on its own website www.paolazani.it, barring occasional out of stock of the items, is really available at the warehouse of Zani Collezione Poltrone in Varedo in Via E. Toti n. 13.
5.2 It is specified that the picture accompanying the description sheet of a product present on the website www.paolazani.it may not be perfectly representative of its characteristics, but may differ by colour, dimension and finishes compared to the sold goods and as better descripted in its own description sheet. Regarding the colour and its shades, in case of necessity of their perfect match according to what described in the relative sheet or as desired by the Customer, it is suggested to purchase in person, by going to Zani Collezione Poltrone in order to view the products, since the Seller does not assume any warranty of perfect match between the published picture on the website and the physical reality of the goods.
5.3 All the retail prices of the goods are specifically indicated at the website www.paolazani.it, expressed in Euro and are incusive of VAT. For international and/or VAT exempt purchases it is suggeseted to send a request to Zani Collezione Poltrone through the addresses indicated.
5.4 As regards the availability of the goods promoted in the website, in the case of, due to warehouse system errors or lack of timely updates, any shortcomings of products will result or models of products other than the ones reported on web site will be available, the Customer will be promptly contacted by the Seller with the scope of consessually evalute wether to posticipate the shipment or cancel the order with reimbursement of the sum paid by the Customer.
5.5 In case of cancellation of the order, except the prompt return of what has been received by the customer, Zani Collezione Poltrone will not be responsible of further indemnities and/or damage, except for the case of malice or gross neglicence only.
6. BILLING
6.1 Inside the packing will be inserted a copy of the order confirmation to which it will be attached the commercial invoice.
6.2 In order to allow the issue of the invoice, the Customer will communicate to the Seller business name, address, VAT Number and fiscal code. Without any of those information, it will not possible to issue the commercial invoice.
7. PAYMENT METHOD AND REIMBURSEMENT
7.1 Orders made on the website www.paolazani.it may be paid by the Customer solely through one of the following payment methods:
a. Payment by credit cards Visa, Mastercard and American Express.
b. Payment by Paypal
7.2 In case that the Customer will use this payment methods, this will happen for security reasons trough the server of our partners Stripes and Paypal.
7.3 The information of credit card will not be disclosed to Zani Collezione Poltrone, as they will only be provided to Stripes and Paypal.
7.4 Paypal and Stripes will allow the Customer to protect the information of his credit card, by using innovative security and fraud prevention system.
Each payment may be made in cash within the limits legally in force at the time, as well as through credit card or bancomat directly to the head office of Zani Collezione Poltrone in Varedo (MB) in Via E. Toti n. 13
7.5 The eventual reimbursement to the Customer will be credited by using the same payment method chosen at the moment of the conclusion of the order. However Zani Collezione Poltrone will refund the purchasing price only following the return of the goods and the verification of the integrity of the goods.
8. CUSTOMER LIABILITY
The Customer is obliged to ensure that the data entered during registration and conclusion of orders are truthful, complete, correct, updated and to promptly communicate each modification.
9. DISCOUNT COUPON
Any discount coupons can not be used to purchase products on offer.
10. LIMITATION OF LIABILITY
10.1 Zani Collezione Poltrone assumes no responsability for any damage resulting from an incorrect use of its own service supplied from the webiste www.paolazani.it
10.2 Zani Collezione Poltrone assumes no responsability for any mistakes or omissions present on the website www.paolazani.it or any other website it may refers to.
10.3 Zani Collezione Poltrone reserves also the right to a continuosly update the reported information on its website, that could be made anytime.
10.4 Poltrone does not grant that the services carried out from and through its own website are given without any interrumption: each interrumption will be communicate in advance, unless it arises from causes that does not depends on the Zani Collezione Poltrone will.
10.5 Zani Collezione Poltrone is the unique responsible as well as titled of the evalutation of the accurancy, of the completeness and the utility of any date and information given through its own website.
10.6 Zani Collezione Poltrone declines any responsability towards the customer or third parties for indirect, accidental, consequential, punitive or exemplary damage (included, without being limited to them, losses of profit, revenues, commercial opportunities) emerged from or in relations to a product or a service given from Zani Collezione Poltrone, or from the use or from the impossibility of using the same.
10.7 The Seller does not assume any responsability for the disservices attributable to force majeure causes including the ones, by way of example only, related to accident, explosions, fires, strikes, lockout, heartquakes, epidemics, floods, adverse weather conditions, delays in shipment and/or transports attributable to freight forwarders and/or freight forwarders or other similar events that block, at all or in part, to execute the contract in the agreed times.
10.8 Zani Collezione Poltrone is not responsible against any parties regarding to damages, losses and costs incurred following to the non execution of the contract for the causes mentioned above and anyway not attributable to him, having the Customer the right to only be refunded of the price entually paid.
10.9 Without prejudice to the hypothesis of willful misconduct or gross negligence by Zani Collezione Poltrone, it is already agreed that, if it is ascertained the responsibility of the same in any capacity towards the Customer, including the case of non-fullfillment, total or partial, of the obligations assumed by the Seller towards the Customer as a result of the execution of the order, the responsability of Zani Collezione Poltrone can not be higher than the price of the products purchased by the Customer and for which the dispute arise.
11. SHIPMENT
11.1 The Customer can choose to receive the goods at the address indicated by him, or directly reaching the warehouse of Zani Collezione Poltrone at its headquarter of Varedo (MB) in Via E. Toti 13.
11.2 In the case that the Customer choose to receive the goods the address indicated by him, the goods wil travel at his sole risk, he will have to specifically indicate the address and a telephone number, which can always be contacted and to grant that at this telephone number he will always be available.
11.3 In order to let the goods arrive in perfect conditions, the staff of Zani Collezione Poltrone will provide to pack them in proper packs prepared for the transport of the goods.
11.4 Orders will be normally fullfilled in the period indicated in the order confirmation.
11.5 Shipment period can change from the day after the order’s elaboration to a maximum of 30 (thiry) days, in accordance with the art. 61 Codice del Consumo.
11.6 In the case that Zani Collezione Poltrone, for any reason, will not be able to make the shipment within the terms, it will give timely notice to the Customer through email sent to the address given by the Customer during the registration phase.
11.7 In the case that the Customer is an entrepreneur, the maximum period the maximum estimated shipping times may be until a maximum of 90 days.
11.8 At the moment of the shipment of the purchased goods, the Customer is obliged to verify: a) that the numbers of collis delivered correspond to the ones indicated in the packing list attached to the shipped goods; b) that the packing is intact and unaltered.
11.9 In the case that the goods delivered will show possible damages presumably caused by the transport, the Customer may refuse the delivery of the goods and gives immediate communication to Zani Collezione Poltrone, that will make the necessary complaints to the courier/transporter and will provide to make a new shipment, as soon as the delivery of the disputed goods is received.
11.10 In case of discrepancy of the delivery of the goods or of alleged damage of it, if the Customer will decide to accept it, he will have to affix the wording “Collect with reserve for missing or damage of collis”, expressly indicating the number of collis accepted with reserve on the shipping document.
11.11 On the other hand, the signature of the shipping document without affixing of reserve will entail the acceptation of the goods by the Customer without any reserve.
11.12 In any case, even in presence of intact packaging, goods will always be verified within 7 (seven) days after the delivery of the goods in order to check any anomalies.
11.13 Goods will be delivered from the courier/transporter as indicated in the order confirmation.
11.14 Shipment costs are not included in the purchase price indicated for each products, unless otherwise specified, and they are calculated and indicated in the purchasing procedure, in the order summary screen, before the conclusion of the purchasing by the Customer.
11.15 The indication of the aforementioned costs is given in the summary email of the order sent after the conclusion of the order to the email address inserted by the Customer during registration phase.
12. WITHDRAW AND RETURN
12.1 As art. 52 of Codice del Consumo, only and exclusively in the case that the Customer is a consumer, this last has the right to withdraw from the purchasing agreement for any reason, without needs to give any explanation and without any penalties, following the modalitis here following indicated.
12.2 In order to exercise this right, the Customer will have to send to the Seller within 14 (fourteen) working days from the delivery date of the purchased goods, a communication through registered letter with acknowledgement of receipt, addressed to Zani Collezione Poltrone di Zani Paola, via E. Toti n. 13, 20814 – Varedo (MB), anticipated preferebly by certified email or by email to the addresses zanicollezione@pec.it and shop@paolazani.it.
12.3 In the case that more goods have been purchased with an unique order, the terms of 14 (fourteen) days become effective from the delivery of the last good.
12.4 This communication will specify the will to withdraw from the purchasing and will have to indicates the product or the products for which it is intended to exercise this right, by attaching a copy of the documents proving the purchase.
12.5 As art. 59, lett. C) and d) of Codice del Consumo, the Customer can not exercise the right of withdrawal for tailor-made products or expressly cusomized or that risks to deteriorate rapidly.
12.6 The goods object of the right of withdrawal, will have to be returned from the Customer within 14 (fourteen) days to the date of communication of the exercise of the right of withdrawal.
12.7 In order to make the right to full refund of the paid price acknowledged, the goods should be returned intact, in its original packaging, without have been used by the Customer and complete of any accessories.
12.8 The products should have been returned to the address: Zani Collezione Poltrone di Zani Paola, with headquarter in Varedo (MB – CAP 20814) in Via E. Toti n. 13.
12.9 The direct costs of return of the goods to Zani Collezione Poltrone, as required by the art. 57, comma 1 of Codice del Consummo are charged to the Customer.
12.10 In case of damage of the goods during the transport, Zani Collezione Poltrone will communicate to the Customer what happened with 5 (five) working days from the delivery of the goods to its warehouse.
12.11 The Seller is not responsible in any way for damages or theft/loss of the goods returned with shipment non insured.
12.12 From the arrival of the warehouse of Zani Collezione Poltrone, the product will be examinated to evaluate any damage or tampering not arising from the transport.
12.13 If the original product result damaged or worn out, the Seller will withhold from the reimburse an equal percentange as contribute of restoration costs.
12.14 With the exception of any restoration costs for any ascertained damage to the original packaging, Zani Collezione Poltrone will reimburse to the Customer the total amount already paid, within 14 (fourteen) days from the return of the goods, through re-credit on the bank account used at the moment of the communication of withdrawal or anyway using the same method of payment used by the Customer at the moment of purchase.
12.15 In the case of the modalities and terms for the exercise of the right of withdrawal will not be respected, as specified in this article, the Customer will not have any right of reimbursement of the amount already paid.
12.16 The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and/or its content), in cases where it is ascertained: the use of the goods, the lack of the original packaging, the damage of the product for causes different from the transport.
12.17 In the case that the Customer is an entrepreneur, the right of withdrawal may be exercised within the term of receipment of the mail of delivery confirmation, sending a registered letter with acknowledgement of receipt, addressed to Zani Collezione Poltrone di Zani Paola, via E. Toti n. 13, 20814 Varedo (MB), anticipated by certified email to the address zanicollezione@pec.it.
12.18 As regard the method of return of the goods object of withdrawal, of check on the status made by Zani Collezione Poltrone and to the eventually reimbursement, will be valid the terms and conditions above mentioned.
12.19 Even in the case of the Customer is an entrepreneur, the costs of shipment to make a return, when this last is expressly accepted by Zani Collezione Poltrone, are charged to the Customer.
13. ILLEGALITY OF TERMS AND CONDITIONS
If for any reason any part of these terms and conditions is found to be unenforceable, the validity of the remaining terms and conditions will not be affected.
14. WARRANTY
14.1 Zani Collezione Poltrone will respond for hidden defects that occur within 2 (two) years from the delivery of the goods, in the event that the Customer purchases the products as a consumer; in the event that the goods are purchased by a person who carries out business and / or professional activities, the Seller will respond for hidden defects that occur within one year from the delivery of the goods.
14.2 The Customer who purchases the goods as a consumer will lose all rights if he does not report the defect to Zani Collezione Poltrone within 2 (two) months from the date on which it was discovered; in the event that the goods are instead purchased by a person who carries out business and / or professional activities, the Customer will lose all rights if he does not report the defect to the Seller within 8 (eight) days from the date on which the same was discovered.
14.3 In any case, unless proven otherwise, it is assumed that the defects that occur within 6 (six) months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
14.4 In the event of a defect, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or excessively burdensome for Zani Collezione Poltrone.
14.5 Goods that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to defects and / or manufacturing defects will not be covered by the warranty.
14.6 This request must be received in writing by registered letter with acknowledgment of receipt, to be addressed to Zani Collezione Poltrone, Via E. Toti 13 – Varedo, sent in advance via PEC to the address zanicollezione@pec.it.
14.7 Within 7 (seven) working days of receipt of the request, Zani Collezione Poltrone will notify the Customer the reasons that prevent it from following up on the request or, if it is accepted, it will communicate how to return the goods.
15. LIABILITY FOR DEFECT, PROOF OF DAMAGE AND COMPENSABLE DAMAGES
15.1 Zani Collezione Poltrone is responsible pursuant to art. 114 and ss. of the Consumer Code of the damage caused to the Customer by defects in the goods sold if he fails to communicate to the injured party, within the term of 3 (three) months from the request, the identity and address of the manufacturer or of the person who provided well if different from the Zani Poltrone Collection.
15.2 The aforementioned request must be made in writing by the injured party and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
15.3 Zani Collezione Poltrone cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, currently in which the manufacturer put the product into circulation, did not allow the product to be considered defective yet.
15.4 No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it.
15.5 In any case, the injured party must prove the defect, the damage and the causal connection between defect and damage.
15.6 Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of € 387.00.
15.7 In the event that the Customer is a person who carries out business and / or professional activities, the provisions of this article will still be considered valid.
16. PROTECTION OF CONFIDENTIALITY AND TREATMENT OF CUSTOMER DATA
16.1 Zani Collezione Poltrone protects the privacy of its Customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation pursuant to Legislative Decree no. 196/03 and of the European Regulation n. 679/16.
16.2 The Customer also declares to be informed and gives consent to the processing of their data pursuant to Legislative Decree no.196 / 2003 (Privacy Code), of the European Regulation no. 679/2016 (GDPR).
16.3 Zani Collezione Poltrone informs the customer that every order sent is stored in digital form on its servers according to criteria of confidentiality and security.
17. DISPUTES
17.1 This contract is governed by Italian law.
17.2 For anything not expressly provided here, the laws applicable to the relationships and cases provided for in the Contract are valid.
17.3 For civil disputes concerning the sales contracts between the Customer and Zani Collezione Poltrone concluded through this site, if the Customer is a consumer, the territorial jurisdiction lies with the Court of the place of residence or domicile of the Customer, if located in Italy.
17.4 In all other cases, territorial jurisdiction will rest with the Court of Monza.
18. COMMUNICATIONS AND COMPLAINTS
Written communications directed to Zani Collezione Poltrone and any complaints will be examined only if sent by email to the following addresses: zanicollezione@pec.it or shop@paolazani.it