Termini e Condizioni

GENERAL CONDITIONS OF ONLINE SALE 

General provisions. 

These general conditions of sale govern the sale of products between the company Plumeria Home di Coradeschi Leonardo, with registered office in vicolo dell'aurora 8, 52044 Cortona (AR) Tax Code CRDLRD85P13A390Z and VAT number 01945260519 (hereinafter referred to as the "Company")and any person who makes online purchases on the plumeriahome.com website (hereinafter referred to as the "Customer"). These conditions may be subject to modifications and the date of publication of the same on the site is equivalent to the date of their applicability.By making any purchase on the plumeriahome.com website, the Customer fully accepts these general conditions of sale. Therefore, we invite each customer to read the following carefully before proceeding with any purchase. Object of the contract. With these general conditions of sale, the Company sells and the Customer remotely purchases the products indicated and offered for sale on the plumeriahome.com website and, in particular, objects for the home. The contract is concluded exclusively online, by accessing the Customer at plumeriahome.com and placing a purchase order according to the procedure set forth on the site itself.The Customer undertakes to read, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information referred to in article 2 below and to accept them by clicking in the appropriate section indicated on the site.  Pre-contractual information. Before concluding the purchase contract, the Customer examines the characteristics of the products being sold, which are illustrated in the product data sheets and in the images available on the plumeriahome.com website and which are displayed when the customer chooses the product. Customer.Before the conclusion of the contract and the transmission of the order by the Customer, the latter receives information relating to: price of the products ordered (including VAT where applicable by law) and relative quantity;shipping costs and any other additional costs;method of payment of the order;delivery times of the purchased products;disclosure relating to the right of withdrawal, the return costs of which will be borne by the Customer;information relating to the legal guarantee of conformity and the methods of after-sales assistance. The Customer can at any time know and verify on the plumeriahome.com website the information relating to the Company and, in particular, the geographical address in which the Company is established, the telephone number andCompany e-mail and customer service. This information is also replicated in these general conditions of sale: PLUMERIA HOME by Coradeschi Leonardo Vicolo dell'Aurora, 8 52044 Cortona (AR) VAT number 01945260519 Tax code CRDLRD85P13A390Z  Method of concluding the contract. The Customer who wishes to buy one or more products can select them from time to time on the plumeriahome.com website and add them to the c.d. "virtual shopping cart" (hereinafter referred to as the "Products").Once the Products have been selected, the Customer will be able to submit a purchase order (hereinafter referred to as the "Order"), at the time of which he will be asked to fill in the information necessary to carry out the delivery andselect the desired payment method. At this point, the Customer will see a summary page of the Order, with an indication of the price, costs and delivery times and the Customer will be able to confirm the Order andforward it to the Company. The Purchase Order must be considered as a contractual purchase proposal addressed by the Customer to the Company.Once the Order has been received by the Customer, the Company will send an order confirmation email (hereinafter referred to as the "Order Confirmation"). The contract between the Customer and the Company can be considered to all intents and purposes concluded only with the sending of this Order Confirmation by the Company itself. The following information will be summarized in the Order Confirmation email:identification number of the Order;price of the Products purchased;expenses, delivery times and place of delivery of the Products;link to further view the general conditions of sale signed and accepted at the time of placing the Order. Once the Customer has received the Order Confirmation email, he undertakes to verify the correctness of the personal data contained therein and to promptly communicate any inaccuracies.  Quantity and description of products. The Products sold through the plumeriahome.com website are described and presented in the best technically possible way by the Company. In particular, for each Product, the Company offers the Customer the possibility of viewing various photographs and, where possible, an image of the Product being worn. Nevertheless, there may be some errors, inaccuracies or small differences between what is presented on the site and the real product. Furthermore, it should be noted thatthe colors of the Products as they appear on the Customer's screen may differ marginally from the real colours, as the color gradient depends on how the monitor used for the purchase displays the color ofreference (which could therefore vary from monitor to monitor).  Availability of products. At the moment in which the Customer selects the Products covered by the order, the site indicates their availability. This availability, in any case, must be considered purely indicative because, due to the simultaneous presenceon the site of multiple users and any Orders given by other users, the Products may become unavailable before the order is confirmed. Even after the Company has sent the Order Confirmation email, there may be cases of partial or total unavailability of the Products. In this case, the Customer will be immediately informed via email and will be asked if he intends to (i) cancel the Order placed; (ii) confirm the Order and wait for the Product to be available again or (iii) replace the Product with another Product among those available. In the event that the Customer does not respond, the Company will confirm the order as soon as the Product ordered is available again. If the Customer requests cancellation of the Order in the event of unavailability of the Products, the Company will refund the amount paid within 14 days from the day on which the Company became aware of the Customer's decision to cancel the Order. Terms of payment. Each payment that the Customer is required to make to the Company must necessarily be made using the payment methods indicated on the plumeriahome.com website and, in particular, using the credit cards of the circuitsVisa and Mastercard or through the Paypal payment service. The actual charge of the amount of the Order will take place only when the Order is confirmed by the Company by sending the Order Confirmation referred to in article 3.3 of these general conditions of sale. The communications relating to the payment and the data communicated by the Customer when this is made take place on special lines protected by encryption systems. The security of credit card payments is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.  Prices. All the sales prices of the Products indicated on the plumeriahome.com website are expressed in Euros and include VAT (where applicable by law). Shipping costs are not included in the purchase price, but arecalculated at the time of conclusion of the purchase process and are indicated to the Customer before forwarding the Order and making the payment. All shipping costs are excluded from the purchase price and shipping costsany additional costs, if applicable, relating to import duties and taxes.The Customer accepts the Company's faculty to change its prices at any time. Nonetheless, the Products will be charged and invoiced to the Customer according to the prices indicated on the site at the time the Order is placed and in the Order Confirmation email sent by the Company to the Customer. In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change in the public sale price such as to make it exorbitant or clearly derisory, the Purchase Order will be considered invalid and will be canceled by of the Company.The latter will consequently refund the amount paid by the Customer within 14 days from the day of the cancellation.  Delivery times and methods. The Company will only accept Orders to be delivered in the Italian territory or in the Community customs territory (i.e. in the geophysical territory of the countries belonging to the European Union).  The Products will be delivered by express courier to the address indicated by the Customer at the time of the Order (i) no later than 10 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company if the address of delivery is located in the Italian territory; or (ii) no later than 15 days from the date of receipt by the Customer of the Order Confirmation email sent by the Company if the delivery address is located in the Community customs territory.   

Limitations of Liability.

 

The Company does not assume any responsibility for disservices attributable to force majeure or unforeseeable circumstances in the event that it is unable to execute the Order within the timescales set out in the contract.

The Company cannot be held responsible for malfunctions and/or disservices connected to the internet and beyond its control.

 

Furthermore, the Company will not be liable for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to him, since the Customer is only entitled to the full refund of the price paid and any ancillary charges incurred.

 

Right of withdrawal.

 

If the Customer purchases one or more Products, he will have the right to withdraw from the purchase without any penalty and without specifying the reason within 14 days from the date of receipt of the Products.

 

The Customer who intends to exercise the right of withdrawal must communicate it to the Company through an explicit declaration, which must be forwarded with the presentation of an IT return file through Customer Service by sending an e-mail to info@plumeriahome.com. The communication must contain an indication of the reference Order number, the Product(s) to be returned, the reason for the return.

 

In case of exercise of the right of withdrawal according to the methods referred to in article 10.2 above, the Company will send the Customer a confirmation email containing the return form with the relative Return Authorization Code (RMA), the contacts of the courier to return the Product and the address of the destination warehouse that the Customer must apply on the outside of the box containing the Products being returned. In any case, the Customer is required to return the Products within 14 days from the day on which he communicated to the Company his intention to withdraw from the contract.

 

The Products must then be returned to the Company at the following address: Plumeria Home di Coradeschi Leonardo, Vicolo dell'aurora 8, 52044 Corona (Arezzo).

 

The direct costs of returning the Products are charged to the Customer.

 

The Products must be returned intact, in the original packaging and complete with all its parts (including the packaging and any documentation

accessory). Once compliance with the foregoing has been verified, the Company will reimburse the Customer for the amount of the Products (minus any delivery costs) subject to withdrawal within a maximum of 14 days.

 

Pursuant to art. 56, paragraph 3 of Legislative Decree 206/2003, the Company will have the right to suspend the refund until the goods are received or until the Customer demonstrates that he has sent the goods to the Company.

 

The Company will refund using the same payment method selected by the Customer during the purchase.

 

Pursuant to the provisions of art. 59, paragraph 1, lett. e) of Legislative Decree 206/2003, the right of withdrawal referred to in this article 10 is excluded for purchases made by the Customer in relation to sealed Products that do not lend themselves to being returned for reasons of hygiene or related to the protection of health and have been opened after delivery (such as, but not limited to, baby products such as pacifiers and bottles, underwear and swimsuits).

 

Legal guarantee of conformity and assistance methods.

 

If the Products received by the Customer do not conform to those ordered or present defects, the Customer will have the right to restore the conformity of the Product, by repairing or replacing it, without incurring further expenses or costs. In any case, the Customer may only exercise this right if (i) the defect occurs within two years of delivery of the goods and (ii) and the Customer has reported this defect to the Company within two months of its discovery.

 

In the event that one of the hypotheses referred to in article 11.1 above occurs, the Customer may then request the Company to replace or repair the defective or non-compliant Product. If this is not possible or excessively burdensome, the Customer may request, at his choice, a reasonable reduction in the price or, alternatively, the termination of the contract and the return of the amounts paid to the Company. In the latter case, the Company, if it deems it appropriate, will organize the collection of the Product at its own expense.

 

Site access and cookies.

 

The Customer has the right to access the site to consult and make purchases. No other use, especially commercial, of the site or its content is permitted. The integrity of the elements of this site, audio or visual, and the related technology used remain the property of the Company and are protected by intellectual property law.

 

The plumeriahome.com website uses the so-called "Cookies", i.e. electronic files that record information relating to the Customer's browsing on the site (such as, for example, pages consulted, date and time of consultation, etc.) and which allow the Company to offer a personalized service to its customers.

The Company informs the Customer of the possibility of disabling the creation of such files by accessing its internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase. For further information, in any case, please refer to the section of the site relating to the cookie policy at the address plumeriahome.com/pages/privacy-policy.

 

 

Protection of confidentiality and treatment of customer data. How to store the contract.

 

To proceed with the registration, forwarding the Order and therefore the conclusion of the contract, some personal data of the Customer are requested through the site. The personal data provided by the Customer will be recorded and used by the seller in compliance with Italian legislation, Legislative Decree 196/2003 (Privacy Code), and European legislation, EU Reg. 679/2016 (GDPR), to implement each purchase through the site and, subject to consent, for any activities indicated in the specific privacy policy provided to the Customer through the site at the time of registration and available at plumeriahome.com/pages/privacy-policy

 

The Customer declares that the data provided to the Company during the registration and purchase process are correct and truthful.

The Customer may, when he wishes, update or modify his personal data by sending an express request to the Company or through his personal area on the plumeriahome.com website.

 

Pursuant to art. 12 of Legislative Decree 70/2003, the Company informs the Customer that every order sent is stored in digital/paper form on the server/at the headquarters of the Company according to criteria of confidentiality and security.

 

 

Wholeness. Partial disability.

 

These general conditions of sale consist of all the clauses that compose them. If one or more provisions of these general conditions of sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

This contract replaces any agreement, understanding, negotiation, written or oral, which took place previously between the Customer and the Company and concerning the subject of this contract.

 

Applicable law and jurisdiction.

 

These general conditions of sale are governed by Italian law.

 

Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the

Customer, if located in the Italian territory.

In any case, the Customer is informed that it is possible to resort to the mediation procedures pursuant to Legislative Decree 28/2010 for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following website https: //ec.europa.eu/consumers/odr/main.