Conditions of Use - Conditions of Use - Cellini Shop Italy

Conditions of Use

The sale of products listed in the virtual catalogues available from the website www.celliniweb.it (hereinafter referred to as the ‘Products’) is regulated by the following General Conditions of Sale. These Conditions have been drawn up in accordance with legislation governing contracts drawn up outside physical stores and, more specifically, in accordance with the provisions of Italian Legislative Decree no. 206 dated 6th September 2005 (the ‘Consumer Code’). 

Ekaf S.p.A. is authorised by Ekaf S.p.A. (hereinafter also referred to as ‘Ekaf S.p.A.’) to manage an e-commerce system with the exclusive aim of selling articles linked to the Cellini brand.
For the purpose of selling the specified Products, Ekaf S.p.A. has no power to represent Ekaf S.p.A. with regard to buyers (the ‘Customers’). It therefore follows that Ekaf S.p.A. is the sole party liable towards the Customers. To this end, Ekaf S.p.A. is specifically relieved of all liability.
Sales agreements may be drawn up in any of the following languages: Italian, English, French, German, Spanish, Portuguese, Danish, Dutch or Polish.

Contracting Parties
The sales agreement is intended as drawn up between:
- Ekaf S.p.A. (hereinafter referred to as ‘Ekaf S.p.A.’) with registered offices at 17 Via San Francesco, 57100 Livorno, Italy, tax code, VAT no. and registration with Companies House 01499520490 – registered under the Chamber of Commerce Econ. & Admin. Index (REA) no. of 132978 – e-mail address: 
info@celliniweb.it.
- Customer: the physical person or legal entity who has placed an order through the website 
www.celliniweb.it
, which has been accepted by Ekaf S.p.A..
No other contractual conditions shall apply, even if not specifically refused by Ekaf S.p.A..

1. APPLICATION OF THE GENERAL CONDITIONS OF SALE

Before making a purchase, the Customer is asked to read these General Conditions of Sale in full. The Customer is authorised to save them, copy them, download a copy of them and/or print them out.
For any further information, the Customer may contact Ekaf S.p.A. at the e-mail address 
info@celliniweb.it.
As part of the formalities established for placing a purchase order, the Customer declares having viewed the formalities and that he accepts the General Conditions of Sale in full.
The General Conditions of Sale may be amended by Ekaf S.p.A. as required. Any amendments shall take effect at the time of their publication on the website.
The Conditions current as of the time of purchase shall apply to each relevant sales agreement.

2. DESCRIPTION AND CHARACTERISTICS OF THE SERVICE FOR THE SALE OF THE PRODUCTS

The service for the sale of the Products operating on the website entails the registration, access to choices, choice of Products, on-line transmission of the purchase order and, where accepted, the on-line acceptance of the purchase order. Said service is therefore governed in accordance with Arts. 50 to 61 of the Consumer Code.

2.1 Registration
The service is operative regardless of registration. Registration is therefore optional.
Should a Customer wish to register with the website, he shall do so by providing a username and password. 
Should a Customer not wish to register with the website, he can in any case make his purchase by merely providing the data necessary to order delivery and invoicing. 
Purchase and/or registration entails acceptance of the above-specified General Conditions that govern the Products supply contract. Purchase and/or registration also entails giving consent to the processing of one’s personal data. In the event of registration, the Customer must keep his password with utmost diligence. The Customer must undertake not to allow any third parties that he has not specifically authorised to do so to use the service. The Customer therefore accepts all liability for any such third party use and conduct on the internet. In the event of loss or theft of the Customer's password, the Customer shall have the right to enable the new password issue procedure available from the website.

2.2 Purchase order
Each purchase order submitted to Ekaf S.p.A. must clearly specify the Product code, its description, quantity and addressee name and address. The website order procedure gives the Customer the option of identifying and correcting any errors in data entry prior to sending the purchase order.
Purchase orders sent by Customers constitute proposed contracts that are binding for the Customer in accordance with Art. 1326 of the Italian Civil Code.
As confirmation of the receipt of order, Ekaf S.p.A. shall send the Customer a summary e-mail to the e-mail address specified during registration. Said e-mail is for information only, in accordance with Article 13 of Italian Legislative Decree no. 70/2003. It does not therefore constitute acceptance by Ekaf S.p.A. of said order.

2.3 Purchase order acceptance and conclusion of the sales agreement
Ekaf S.p.A. reserves the right, at their own discretion, to accept or refuse purchase orders submitted by Customers. Without prejudice to the provisions of the following section, orders will be confirmed by a subsequent e-mail from Ekaf S.p.A., who undertake to process the Customer’s order in a timely manner and in any case within 7 days as from the day following the date on which the Customer submitted the order. It is agreed that order processing is subject to effective Product availability. Should the Product be unavailable and/or in the event that Ekaf S.p.A. should refuse the order, Ekaf S.p.A. shall inform the Customer of such in a timely manner, and reimburse him any amounts paid. In this case, the Customer shall have no right to any further indemnity or compensation.
No orders shall be accepted where submitted by parties who are not legally of age.

2.4 Archiving of the sales agreement
The sales agreement shall be archived in the specific section of the website (Sales Conditions). The Customer may access this at any time by following the viewing procedure provided by the website.

3. PRODUCT CHARACTERISTICS

Products are shown in the on-line catalogue in as realistic a manner as possible. The images are provided for general information only and may not be absolutely identical to the actual Product.
The Products shown in the on-line catalogue may be purchased while stocks last, without prejudice to the right of Ekaf S.p.A. to cease availability of any Products at any time and/or alter their characteristics.
Ekaf S.p.A. also reserves the right to update the on-line catalogue at any stage, altering the range or number of Products available.

4. PRODUCT PRICES

The price of the Products is as resulting from the price list published on the website, current as of the time of order submission by the Customer.
The prices of the Products published on the website are given in euros, inclusive or standard packing and/or packaging costs and VAT. VAT rates are calculated according to Product type.
Prices are exclusive of transport and delivery costs.
All the above costs (delivery and or special packing/packaging) not included in the price of the Products published on the website, will be separately specified in the order summary and confirmed in the order acceptance e-mail sent to the Customer by Ekaf S.p.A.. 
Furthermore, for deliveries to be made to other countries, to Campione d’Italia, Livigno, the Channel Islands and the Canary Islands, the Product prices published on the website 
www.celliniweb.it are always intended exclusive of: a) any taxes and/or duties applicable to the sale; b) any customs taxes and/or duties; c) any further taxes and/or charges applicable to the delivery of the Products ordered.
The Customer must pay all customs taxes and duties applicable in the country to which the Products ordered are delivered. Any and all additional charges and costs in relation to the release of the Products delivered from customs shall be at the exclusive expense of the delivery addressee.

5. PAYMENT

Products must be paid for in advance and exclusively by Visa and Mastercard credit cards (on-line).
5.1 Credit card payment
Payment by Visa, Mastercard and American Express credit cards must be made on-line at the time of sending the purchase order. The Customer shall be asked to supply details of his credit card account in the purchase order. The request for debit of the corresponding amount shall only be made once the order has been completed.
The data of the Customer’s credit card sent during purchase order submission is not accessible to Ekaf S.p.A. nor to Ekaf S.p.A., nor to any third parties. The data is therefore received in a secure manner protected against unauthorised access, on secure servers pertaining to Banca Monte dei Paschi di Siena who process credit card payments on behalf of Ekaf S.p.A..
Once Ekaf S.p.A. has received confirmation of payment, they shall proceed to prepare and dispatch the purchase order.
Before sending the order, the Customer is given the option of correcting any errors made during data entry.

6. DELIVERY

In accordance with Art. 54 of the Consumer Code, Products available from the Ekaf S.p.A. warehouse shall generally be dispatched as quickly as possible. Indicatively delivery terms are as follows:

  • in Italy, within 10 (ten) working days of receipt by Ekaf S.p.A. of full payment;
  • in EU countries other than Italy and in other countries, within 20 (twenty) working days of receipt by Ekaf S.p.A. of full payment.

Delivery shall be made from Monday to Friday during working hours, by specialised courier in specific packaging/packing prepared by Ekaf S.p.A.. Delivery is made to the addressee specified by the Customer. The above delivery terms refer to Products present in the warehouses and must be intended as non-binding for Ekaf S.p.A.. Ekaf S.p.A. may therefore subsequently confirm or alter said terms, according to their requirements. 
Products are delivered suitably packaged and/or packed by courier chosen by Ekaf S.p.A.. Products are delivered to the addressee address specified by the Customer upon submission of the purchase order. 
Upon receipt of the Products, the addressee must ensure that the Products comply in quantity and description to those ordered. This is without prejudice to the fact that should the Products delivered differ from those ordered, the Customer may exercise his right to withdraw pursuant to Art. 7 herein.
Transport costs will be calculated according to the weight of the goods, or according to the weight/volume ratio and on the basis of the place of Product delivery. This shall be according to the agreements drawn up with the courier in charge of delivery and as clearly stated to the Customer both at the time of Product purchase and in subsequent confirmation messages.
Any problems in relation to the physical integrity, compliance or completeness of the Products received must be notified to Ekaf S.p.A. by e-mail within 10 working days of receipt of goods.

7. RIGHT TO WITHDRAW

In accordance with the provisions of Art. 5 of Italian Law Decree no. 185/99, the Customer has the right to withdraw from the sales agreement within 10 working days of receipt of the goods purchased. In this case, the Customer must send Ekaf S.p.A. a fax, telegram or e-mail (the latter to recesso@celliniweb.it). Said fax, telegram or e-mail must then be confirmed by a registered mail to the same effect sent within the following 48 hours, to the following address:

Ekaf S.p.A. via San Francesco 17, 57100 Livorno (LI), Italy.

This notice of withdrawal must specify the purchase order number and the Product identification code.
The Customer must return the Products purchased, intact and complete (including original packaging) to Ekaf S.p.A. at the above address, no later than 10 (ten) working days as from receipt of the Products purchased. Solely for the purpose of calculating expiry of the stated terms of 10 (ten) working days, the Products are intended as returned at the time at which they are delivered to the courier or accepting post office. 
The right to withdraw may be exercised for all Products purchased. It may not be exercised only in relation to part of the goods ordered. 
Withdrawal is not permitted for customised Products and Products delivered abroad.
In all cases where withdrawal is not lawfully and validly applied by the Customer, Ekaf S.p.A. shall return the Product to the Customer, at the Customer’s own risk and expense. 
Should the Products returned by damaged during transport for return to Ekaf S.p.A., the Customer shall be informed of all damages reported no later than the second working day as from the receipt of Products. This shall therefore allow the Customer in turn to inform the courier of this fact and claim his rights with regard the courier. At the same time, the Products damaged during transport shall be returned to the Customer at the Customer’s own risk and expense.
Should withdrawal be exercised in accordance with the provisions of current legislation (Italian Legislative Decree no. 185/99), Ekaf S.p.A. shall reimburse the amounts paid by the Customer. Reimbursement shall take place free of charge as quickly as possible and, in any case, within thirty days of the date on which Ekaf S.p.A. became aware of the Customer’s having exercised his right to withdraw.

8.  WARRANTY

8.1  Legal warranty
In accordance with Arts. 128 to 135 of the Consumer Code, Ekaf S.p.A. guarantees that the Products purchased on-line are free from flaws and comply with the sales agreement.
The Products Warranty is supplied by the manufacturer in accordance with applicable law.
Any Product flaws or non-conformities must be notified by the Customer in a timely manner and, in any case, within the terms of law, by means of registered mail with advice of receipt sent to Ekaf S.p.A., Via San Francesco 17, 57100 Livorno, Italy. Failure to do so shall mean that Products are intended as accepted at the time of delivery.
The above warranty granted by Ekaf S.p.A. shall be forfeited where:
the Product flaw derives from lack or care or improper use or accidental event;
the Product flaw derives from normal wear, oxidisation or atmospheric agents;
at the time of drawing up the sales agreement, the Customer was aware of the Product flaw or could not have ignored it with ordinary due diligence;
the Product has been dismantled, tampered with, altered and/or repaired.

8.2  Manufacturer’s warranty
In addition to the legal warranty pursuant to Art. 8.1, some Products may also be supplied with a commercial manufacturer’s warranty. Said additional warranty, where applicable, shall be contained within the Product packing and apply for the duration and according to the terms and conditions established on the relevant warranty certificate.

9.  LIABILITY DERIVING FROM THE PRODUCT

In accordance with Arts. 114 to 127 of the Consumer Code, as seller, Ekaf S.p.A. is liable for any damages caused by the Products. This is without prejudice to the fact that as seller, Ekaf S.p.A. may be released from liability by specifying the manufacturer’s name.

10.  AFTER-SALES SERVICE

Should the Customer encounter any irregularities with regards to his order (delivery of incorrect articles, faulty Products, missing Products, etc.), not be satisfied with the service supplied or wish to receive information on the Products, he may contact Customer Services at the following e-mail address: cservice@celliniweb.it.
To this end, the Customer shall always supply the order number and Product identification code.

11. PRIVACY

In accordance with Art. 13 of Italian Legislative Decree no. 193 of 2003 (Personal Data Protection Code), Ekaf S.p.A. hereby informs the Customer that all data supplied by the Customer during registration with the website is processed for the purposes of supplying the services proposed by the website, the sale of the Products and the enabling of a computer-based service. Failure to provide the data required shall make it impossible to provide the above services.
Ekaf S.p.A. undertakes to collect personal data in accordance with current personal data protection legislation. Ekaf S.p.A. undertakes to disclose said data to Ekaf S.p.A. in compliance with current legislation. Ekaf S.p.A. shall therefore, make the data available to Ekaf S.p.A., again in accordance with personal data protection legislation. Ekaf S.p.A. therefore accepts all liability for such for the implementation of the above activities.
Ekaf S.p.A. is the Data Controller, in the appointed persons of the Board of Directors. 
The Data Handler is Ekaf S.p.A., in the person of the pro tempore legal representative domiciled for the purpose at Ekaf S.p.A. at 17 Via San Francesco, 57100 Livorno, Italy. 
In relation to the processing of personal data, the Customer may, at any time, directly exercise the rights provided by Art. 7 of Italian Legislative Decree no. 193 of 2003 (hereinafter the 'Personal Data Protection Code'), recalled here in full.

12. RIGHTS TO ACCESS PERSONAL DATA AND OTHER RIGHTS

The Customer shall have the right to obtain confirmation as to whether or not personal data concerning him/her exists, regardless of whether or not it has been recorded, and to communication of such data in intelligible form. 

The Customer shall have the right to be informed:

  • of the source of the personal data;
  • of the purposes and methods of the processing;
  • of the logic applied to the processing, if carried out with the help of electronic means;
  • of the identification data concerning the Data Controller, Data Processors and the representative designated in accordance with subsection 2 of Art. 5 of the Personal Data Protection Code;
  • of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative in the State's territory, data processors or persons in charge of the processing.

The Customer shall have the right to obtain:

  • updating, rectification or, where interested therein, integration of the data;
  • erasure, anonymisation or blocking of the data that has been processed unlawfully, including data whose retention is unnecessary for the purposes for which it has been collected or subsequently processed;
  • certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data was communicated or disclosed, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.


The Customer shall have the right to object, in whole or in part:

  1. on legitimate grounds, to the processing of personal data concerning him/her, even though this is relevant to the purpose of the collection;
  2. au traitement de données personnelles qui le concernent, en vue de l’envoi de matériel publicitaire ou de vente directe ou pour la réalisation d’études de marché ou de communication commerciale.

13.  GENERAL PROVISIONS

13.1.  Any tolerance, even if repeated, of breach of lack of compliance shall not constitute a precedent nor waiver to the validity of both the clauses breached and the other clauses of the General Conditions.
13.2.  Should any clause of these General Conditions be or subsequently become null or invalid, it is established that such clauses shall be interpreted in the sense whereby it may retain some validity, even if reduced as compared with the initial scope, and in any case, in the sense where it shall take some effect. In any case, the nullity or invalidity of any clause of these General Conditions shall not invalidate the other clauses of these General Conditions or the General Conditions as a whole.

14. APPLICABLE LAW AND COMPETENT COURT

14.1 Applicable Law
These General Conditions and the sales agreements drawn up by means of the procedure operative on the website are governed by Italian Law. This is without prejudice to any rights unavailable to the Customer guaranteed him by compulsory legislation in his country of residence.
The application of the 1980 Vienna Convention concerning international sales is specifically excluded.

14.2 Competent Court