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General terms and conditions for online sales (e-commerce contracts)

The following terms and conditions are intended to regulate the offer, purchase and sale of products on the website https://retail.ceruttinox.it (Website).
The products bought online through the Website are offered and sold by Cerutti Inox S.r.l., with its registered office in Crusinallo di Omegna (VB), Via Laghetto n. 66 and operating and administrative headquarters in Cuzzago di Premosello Chiovenda (VB), Via della Resistenza n. 41/a, tax-payer’s ID and VAT number 00903410033, phone number +39 0324 80240, emailassistenza@ceruttinox.it, certified email ceruttinox@pec.it.

Art. 1. Definitions

  1. Unless otherwise provided in the Agreement, the following terms terms are so defined:
    • “ Cerutti Inox”: Cerutti Inox S.r.l., with its registered office in Crusinallo di Omegna (VB), Via Laghetto n. 66 and operating and administrative headquarters in Cuzzago di Premosello Chiovenda (VB), Via della Resistenza n. 41/a, tax-payer’s ID and VAT number 00903410033, telephone number +39 0324 80240, address email assistenza@ceruttinox.it, certified email address ceruttinox@pec.it;
    • “Customer ”: the natural or legal person who enters into the agreement for the purchase of one or more Products, identified by such personal data as stated in the purchase order Procedure;
    • “Consumer Protection Code (Codice del Consumo)”: Italian Legislative Decree no. 206 dated 6th September 2005, providing for specific rights and legal remedies in favour of any consumer buying goods or services from a non-consumer seller;
    • “General terms and conditions”: these general terms and conditions apply to the e-commerce of products and services purchased at distance through the Website;
    • “Order Acceptance Confirmation”: acceptance of the contractual proposal by Cerutti Inox, sent to the email indicated by the Customer in the Purchase Order Procedure or entered on the “Customer’s profile” in the section “My Account”, and confirmed in the Order Placement;
    • “Confirmation of receipt of the Order”: Cerutti Inox’s confirmation of receipt of the Order, addressed to the email indicated by the Customer; such a confirmation does not imply any acceptance, by Cerutti Inox, of the contractual proposal;
    • “Shipping Confirmation”: email, addressed to the email account indicated by the Customer, for the purpose of confirming that a Product has been shipped;
    • “Consumer” (or Customer Consumer): the Customer who, according to the Consumer Protection Code, pursues purposes other than any entrepreneurial, commercial, handicraft or professional activity carried out by him, if any; should the clause expressly focus on the “Consumer” or “Customer Consumer”, it is ruled out that the regulation applicable to the latter will ever also cover any “Professional” or “Professional Customer”, regardless of any possible interpretation thereof;
    • “Order”: the Customer’s contractual proposal, resulting from the Shop section within the Website at the end of the Order Placement process, subject to the prior acceptance of the General Terms and Conditions.
    • “Parties”: Cerutti Inox and the Customer;
    • “Order Placement ”: procedure accessible in the Website’s Shop section in order to give rise to a purchase Order;
    • “Product”: any item available for sale on the Website;
    • “Professional” (or Professional Customer): any Customer who, under the Consumer Protection Code, acts within the scope of his handicraft, entrepreneurial, commercial or professional activity or any agent thereof; should the clause expressly focus on a “Professional” or “Professional Customer”, it is ruled out that the relevant regulation can also apply to any “Consumer” or “Consumer Customer”, regardless of any possible interpretation thereof;
    • “Website”: the website of Cerutti Inox S.r.l. identifiable by URL https://retail.ceruttinox.it.

2. Regulatory framework

  1. Any sale of Products through the Website constitutes an e-commerce contract regulated by Legislative Decree no. 70, dated 9th April 2003, setting the rules for e-commerce. If the Consumer is a contracting party to the contract, the sale of Products through the Website must also be regarded as an e-commerce contract regulated by Title III, Section I (articles 45 and ff.) of Legislative Decree no. 206 dated 6th September 2005 (Consumer Protection Code).
  2. These general Terms and Conditions shall apply to any and all Products purchased on-line through the Website. By clicking on the checkbox “I accept the general contractual Terms and Conditions”, appearing during the Order Placement process within the Shop section of the Website, the Customer agrees to these General terms and conditions; in case of non-acceptance of these general Terms and Conditions, no purchase will be feasible through the Website.
  3. By accepting these general Terms and Conditions, every Customer shall:
    1. guarantee the truthfulness and accuracy of all personal data provided during the Order Placement process or into their “Customer Profile” under section “My Account” and confirmed in the order Placement;
    2. assure the fulfilment of all such requirements in terms of legal capacity and entitlement to act as needed to close the transaction, including an age from 18 years;
    3. grant his consent to any and all purchase-related communications exchanged through the email account indicated by the Customer during the Order Placement or entered on his own “Customer’s Profile” under Section “My Account” and confirmed in the Order Placement.

3. Registration on the Website

  1. The purchase of Products on the Website is solely and exclusively permitted to logged-in users, who have signed in to the Website. In order to sign in to the Website, the user must complete all the data required in the relevant section. Registration on the Website is free of charge.
  2. The credentials for registration are used exclusively by the relevant Customer, who has set them up, owns them and therefore guarantees their authenticity and accuracy, also considering the above article, and cannot be assigned to any third party.

4. Contract execution method

  1. The purchaser shall purchase the Products by accessing the “Shop” section of the Website. Only the Products shown on the Website’s online catalogue under the “Shop” section at the time of the order placement can be purchased.
  2. The presence of Products and their prices on the Website must not be viewed as a public offer under art. 1336 of the Italian Civil Code, but only as an invitation to submit a contractual proposal.
  3. The contractual proposal shall be submitted by the Customer through the relevant Order Placement available in the “Shop” section of the Website.
  4.  After the Order Placement process has been completed, Cerutti Inox shall email the “Purchase Order Acceptance” to the email address indicated by the Customer during the Order Placement process or inserted by him into his “Customer’s profile” under section “My Account” and confirmed in the Order Placement, by specifying the main features of the Product and its price, including any taxes and additional duties, shipping expenses, selected payment method and delivery, any withdrawal right (Consumer), as well as how and when a product can be returned whenever the withdrawal right is exercised (Consumer), along with information about the customer care services and the applicable commercial warranties. The order confirmation message will contain the order ID number to be referred to in any subsequent communication.
  5. The notice of “Order receipt confirmation” will not imply acceptance of the contractual proposal by Cerutti Inox, which declines any liability towards the Customer or any third party for any subsequent failure to process the order.
  6. Cerutti Inox shall declare its acceptance of the contractual proposal by addressing a subsequent message of “Order acceptance confirmation” to the email account indicated by the Customer during his order placement process or on his “Customer’s profile” under section “My Account” of the Website.
  7. In case of unavailability of the desired Products, whether temporary or not, Cerutti Inox shall notify the Customer thereof, within 10 days of order receipt, by email addressed to the email account indicated during the sale procedure or in his “Customer’s profile” under section “My Account” of the Website and shall consequently return any payment by whatever method of payment used by the Customer when the order was made.

5. Shipping

  1. Cerutti Inox S.r.l. delivers exclusively in Italy and in the European Union.
  2. The Product will be delivered to the buyer within the time period stated in the “Order Acceptance Confirmation”, which is however meant to be purely indicative and is not binding.
  3. Upon shipping, Cerutti Inox shall inform the Customer by sending a message of “Shipping confirmation” to the address indicated by the Customer in the Order Placement or in his “Customer’s Profile” under section “My Account”.
  4. In any and all cases, the delivery to the Consumer Customer shall take place at the latest within thirty days starting from the contract execution (“Order Acceptance Confirmation”). Art. 61 of Consumer Protection Code shall apply in the event of failed or delayed delivery of the Product purchased by the Consumer with reference to the delivery terms set forth in the “Order acceptance confirmation”.
  5. Cerutti Inox shall be entitled, at its own discretion, to arrange for several partial deliveries. In that event, the Customer shall not be charged in addition to the cost estimated for one delivery.
  6. In case of sale of Products to any Professional Customer, Cerutti Inox shall be deemed to have accomplished its task by delivering the Products to the carrier or shipping agent; all shipping costs and any insurance costs shall be borne by the Professional Customer, as well as the risks of deterioration following the delivery to the carrier or shipping agent. Any further agreements between Cerutti Inox and the Professional Customer departing from these General Terms and Conditions shall take precedence.

6. Prices and shipping expenses

  1. All prices for the Products shown in the on-line catalogue in the Shop section are stated in Euros and inclusive of VAT but net of delivery expenses.
  2. Delivery expenses are stated during the Order Placement process and are subject to variations, which won’t however affect any purchase orders issued before the relevant variations were published on the Website.
  3. The Consumer Customer shall carry out the payment within the framework of the Order Placement process. The successful payment is a requirement for any valid purchase order. The message “Order receipt confirmation” will confirm any successful payment.
  4. In the event of non-acceptance of the Customer’s contractual proposal, Cerutti Inox shall reimburse the entire amount prepaid by the Customer, including any shipping expenses, by the same payment method. At the same time, Cerutti Inox shall promptly notify the Customer of the purchase order non-acceptance and the completed reimbursement of any prepaid amounts by email to the account indicated by the Customer during the purchase order procedure or entered in his “Customer’s profile” under section “My Account” (“Order non-acceptance notice” or “Order non-acceptance and reimbursement notice”).
  5. The Customer undertakes to reimburse Cerutti Inox for any additional expense incurred by the latter for any shipment or transport arising as a result of any contractual breach by the Customer with reference to the agreed date, time and place of delivery.

7. Payment and Invoicing

  1. The Customer can pay by selecting one of the following options:
    • Credit or debit card ;
    • Advance Bank Transfer – in favour of our bank account identified by IBAN: UNICREDIT Ag. Casale Corte Cerro IT35B0200845290000100598472 ;
  2. The relevant invoice will be emailed to the Customer at his email address stated during the order placement process or entered on his “Customer’s profile” under section “My Account” of the Website. The invoicing will be based on the relevant data provided and declared true by the Customer, thus undertaking to indemnify Cerutti Inox from any and all damages, including any penalties inflicted by the relevant authorities, suffered by Cerutti Inox in the event of misrepresentation by the Customer.

8. Right of withdrawal

  1. The Consumer Customer has the right to withdraw from the purchase contract, without any penalty and without specifying the reason, within 14 working days from the date of delivery of the Product.
  2. The right of withdrawal can be exercised by sending a formal notice of withdrawal to Cerutti Inox within the time limit stated above by means of:
    • registered letter, with return receipt, addressed to the registered office of Cerutti Inox S.r.l., in Cuzzago di Premosello Chiovenda (VB), Via della Resistenza n. 41/a;
    • certified email [p.e.c.] as follow ceruttinox@pec.it,
    • ordinary email at assistenza@ceruttinox.it
    by or without using the withdrawal application form available in the Website’s section Right of withdrawal and attached hereto as Schedule A. Under no circumstance will Cerutti Inox accept any withdrawal notices which do not enable Cerutti Inox to clearly identify the Consumer and the specific purchase order underlying the withdrawal notice.
  3. Registered letter will be considered sent on time with reference to the post stamp date of the receiving post office, without prejudice to the necessary actual receipt thereof by Cerutti Inox. The certified email will be considered sent on time with reference to the date at which the acceptance receipt is issued by the post office, without prejudice to the actual receipt thereof by Cerutti Inox. Any email will be considered sent on time with reference to its dispatching date, without prejudice to the necessary actual receipt thereof by Cerutti Inox.
  4. The physical integrity of the Product to be returned is an essential requirement for the enforcement of any right of withdrawal. No right of withdrawal can be exercised if the Consumer has failed to take appropriate measures to ensure that the Product is being returned in the same condition as it was received (including its packaging). In every event, the Customer will have to take all appropriate measures to protect the Product and ensure that it will be returned to Cerutti Inox in perfect condition.
  5. Any Consumer Customer who has exercised his right of withdrawal is required to return the Product within 14 days, starting from the date when he has duly notified his intention of withdrawal as regulated above, and to pay personally for any shipping expenses. Products will have to be returned to: Cerutti Inox S.r.l., with its registered office in Cuzzago di Premosello Chiovenda (VB), Via della Resistenza n. 41/a. The return will be considered on time with reference to its shipping date, notwithstanding the subsequent successful receipt by Cerutti Inox.
  6. If the buyer has already made one or more payments, they will be returned by Cerutti Inox, using the same payment method chosen for the original payment, within 14 days from the date when Cerutti Inox receives the notice of withdrawal; in any and all cases, reimbursement will be suspended by Cerutti Inox until receipt of the Product by Cerutti Inox or until the withdrawing Consumer Customer has proved having sent them.
  7. Cerutti Inox will not reimburse any shipping expenses for any Product for which the Consumer Customer has exercised his right of withdrawal, nor any shipping expenses for returning the Product over which the right of withdrawal has been exercised.
    Cerutti Inox shall not reimburse any additional costs resulting from any payment method other than the least expensive one chosen by the Consumer.

9. Non-compliant products – Legal compliance warranty

  1. The legal compliance warranty required by articles 128 - 135 septies of the Consumer Protection Code is reserved exclusively for the Consumer Customer. Any Professional Customer will instead benefit from the warranties in the event of flaws in the sold item, as well as the warranty in the event of defects and any other warranties provided for by the Italian civil code subject to their respective terms, forfeitures and restrictions. In any case, any warranty for normal wear and tear due to the use of the sold item is excluded.
  2. Any non-compliance detected in the Product by the Consumer Customer, as defined by art. 129 of the Consumer Protection Code, shall be reported to Cerutti Inox by registered letter with return receipt, sent to the operating headquarters of Cerutti Inox S.r.l., based in Cuzzago di Premosello Chiovenda (VB), Via della Resistenza n. 41/a, or by certified email [p.e.c.] to ceruttinox@pec.it or by ordinary email to the address assistenza@ceruttinox.it. The Consumer shall be contacted by the customer service, and the expenses for return and new delivery of the Product shall be borne by Cerutti Inox.
  3. As to contents of the warranty, please note the following reminder for the Consumer Customer: the seller will be held accountable towards the Consumer for any non-compliance - as defined by artt. 129 and ff. s. of the Consumer Protection Code - detected upon delivery of the Product or within two years starting from the date of delivery (art. 133 section I Consumer Protection Code). Unless evidence to the contrary is established, any non-compliance arising within one year of the Product delivery will be regarded as having been present upon delivery, provided that such determination is not incompatible with the nature of the Product or with the nature of the non-compliance (art. 135 section I Consumer Protection Code). Any legal action aiming at enforcing non-compliance not hidden fraudulently by the seller shall, however, be barred by statute of limitations, within 26 months starting from the Product delivery date (art 133 paragraph III Consumer Protection Code). In the event of a non-compliant product, the consumer is entitled to have the product repaired or replaced, or to be granted a proportional reduction of the price, or to terminate the contract, as allowed by art. 135 bis of the Consumer Protection Code, which is held to be fully referred to herein.

10. Installation and use

  1. Any spare parts, accessories and consumer goods bought online must always be installed and used in accordance with the instructions found in the User Manual and in the Installation Guide of the relevant device.
  2. The Customer is responsible for the proper installation and appropriate usage of Products bought online in accordance with what is set out in the relevant Manual and Guide to Installation.
  3. Cerutti Inox shall not be responsible for any complaints arising from any:
    • inappropriate usage or manipulation of the Product, or
    • usage with devices for which the Product was not designed.

11. Customer service

For any information about the customer care provided by Cerutti Inox, please refer to section Contacts and, as required, to the email assistenza@ceruttinox.it or to the telephone number +39 0324 80240.

12. Force Majeure

Under no circumstance shall Cerutti Inox be held accountable for any defaults or delays in executing the order if such defaults or delays are caused by impediments such as discontinuances or interruptions in the manufacturing process ordered by relevant Authorities or by Trade Unions, by natural disasters, or by other causes viewable as an impediment due to a force-majeure event, or to any other unpredictable and uncontrollable events.

13. Governing law and applicable territorial jurisdiction

  1. The parties hereby mutually agree that the interpretation of these Terms and Conditions shall be solely and exclusively regulated by the Italian law, without prejudice to the Consumer Customer’s opportunity, if residing in the European Union, to enforce his rights granted by the consumer protection regulations of the Country where he resides.
  2. In the event case of a dispute arising from the execution and performance of the contract of sale or related to the contract or to the products sold, the exclusive jurisdiction shall be held by the Italian Judicial Authority, and in particular by the Court of Verbania with its exclusive territorial jurisdiction, without prejudice to the jurisdiction held by the court determined by the Consumer Customer’s place of residence in instances concerning Consumer Customers.

14. Referral to applicable provisions

  1. The obligations arising from the execution of the purchase contract are regulated by articles 1470 and ff. of the Italian Civil Code.
  2. As to the sale in favour of a Consumer Customer, pls refer to Title III, Section I (articles 45 through to 67 vicies bis) of the Italian Legislative Decree no. 206 dated 6th September 2005 (Consumer Protection Code).