These General Conditions of Sale govern the terms and conditions of sale of the products sold on the website www.assuero-line.com
All contracts for the sale of products by Assuero to third parties called "Customers" are regulated by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the products themselves. The "Customer" declares to accept and respect these General Conditions when creating an account on the Site or when purchasing products. The conditions of sale applicable to your order are those in force on the date of your order.
Assuero may require you to agree, from time to time, to additional terms applicable to specific parts or sections of the Site. Such additional terms will be placed in the parts of the Site to which they relate and will be clearly identifiable. Assuero may modify the General Terms and Conditions of Sale, which shall be applicable following their publication online and communication by e-mail and shall be deemed accepted by the use of the Website.
1. PRODUCTS: PRICES AND CHARACTERISTICS
Unless otherwise indicated, the prices of the products published by Assuero must be intended VAT INCLUDED. The prices of the products published from time to time by Assuero cancel and replace the previous ones and are subject to the actual availability of the products.
Assuero reserves the right to confirm or modify the prices of the products published on its website at the moment of the confirmation of the Client's order. The images of the products are indicative and not binding. Unless expressly indicated, the products are suitable for indoor use only. The customer is responsible for the choice of products.
2. ORDERS - INVOICING
All the purchase orders of products sent to Assuero must be complete in every part and must contain all the necessary elements for the correct identification of the ordered products. Each product order transmitted to Assuero constitutes a contractual proposal of the Client and, therefore, will be binding for Assuero only if confirmed for acceptance. The execution of the order by Assuero will take place after the receipt of the payment in the bank account and is equivalent to confirmation and acceptance of the same.
Assuero reserves the right not to accept incomplete or not duly filled orders. In case of non-execution of the order by Assuero (if the same is due to unavailability of the products ordered by the Client), the company will inform the Client as soon as possible, reimbursing the sums already paid by the latter for the non-executed supply. In this case the customer will not be entitled to compensation or damages of any kind.
The fiscal registration of the fees related to the ordered products will be issued by Assuero at the moment of the shipment of the products to the Client.
Invoices must be requested at the moment of the order and in any case only for the month of competence (in which the purchase is made); the request of an invoice for a purchase made the previous month cannot be processed.
3. PRODUCT DELIVERY AND TRANSFER OF RISK
Deliveries are normally made by express courier chosen and selected by Assuero, the latter cannot be held responsible for loss or damage of the product occurred after the delivery of the product to the carrier.
The shipment is standard and does not include delivery to the floor; the courier may be available for delivery to the floor only at its discretion.
Any delays in delivery do not entitle the customer to refuse delivery of products, nor to claim compensation or indemnity of any kind. The delivery time, which does not include the time of production and packaging, once the product is shipped from our warehouse is 2-15 working days, depending on location and country. However, these times cannot be 100% guaranteed by Assuero Line, as they can vary according to the availability in our warehouse, to the logistic difficulties of the couriers used (e.g. strikes or vehicle problems), to interruptions due to Covid, to the presence of holidays and according to the place of delivery (e.g. in remote-difficult areas or islands). The delivery times indicated are therefore an estimate, calculated on the basis of the average indicated by the courier on the history of the previous shipments; therefore they can undergo anticipations or delays, for causes not directly attributable to Assuero (as in the case of strikes, or delivery peaks near holidays).
Some products, such as the 116 cm silhouettes, the city tables or the works of art by Mila Sambre and other artists, have an "additional production time" ranging from 2 to 3 weeks as they are "custom made". Assuero line cannot be held responsible for external events that affect delivery, however, we remain available to follow up on any such disputes.
The number to track the shipment will be sent to you by e-mail when the product is shipped. Check your shipment by courier by entering the tracking number we have provided. Assuero has the right to make the delivery of the products (even related to the same order) in more than one successive delivery (without any charge for the customer). Particular conditions and terms of delivery must be previously agreed upon with the Client and accepted in writing by Assuero.
Any impossibility to receive the goods, changes to the place of delivery or periods of absence must be immediately communicated to the "Customer Service" through the Contacts box in order to proceed with the appropriate corrections to the courier. In the absence of such communications is expected to charge any costs of storage charged to the customer.
The goods in storage at the warehouse of the courier due to repeated inability to deliver remains available to the customer for up to 5 working days, after this period, the order will be canceled; in this case the ordered items will be returned to the sender, and the order will be refunded to the customer but only partially (net of shipping costs for the return to Assuero Line, plus those accrued for the storage at the courier's warehouse, which are charged to the customer and the expenses related to the management equal to 9,50 € for the series City Line, City Monuments and Forest Line, 12 € for the series City Table and Art Table, 25 € for City Art and Art Line.
Refunds will be issued in the same currency as the original purchase. Any difference in amount due to exchange rate fluctuation will not be refunded.
Any detail that is deemed necessary for the courier to reach the place of delivery must be reported in the notes of the order during the purchase process, remember that the notes are only indicative and not mandatory for the courier, so not 100% guaranteed (such as telephone notice).
If the item arrived damaged always remember to ACCEPT WITH SPECIFIC RESERVE when the package(s) is/are delivered by the deliveryman, especially if the packaging is dented and damaged.
If opening or assembling the article you realize that there are missing pieces, or damaged parts, contact us immediately the "Customer Service" through the box provided in the Contact section by giving us the data to identify your order: indicate immediately name, order number and photos of the damage.
NB: we need the photos to understand which part has been damaged and how to resolve the situation. In case of damage, depending on the product, we will immediately replace only the damaged part or the whole item.
DO NOT WAIT! Always check that the article is intact even if you do not immediately mount it, and notify us of any damage as soon as possible.
PASSAGE OF RISK, art. 63 Consumer Code - Legislative Decree 206/2005
1. In contracts that require the professional to provide for the shipment of goods, the risk of loss or damage of goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party appointed by him and other than the carrier, comes into physical possession of the goods.
2. However, the risk is transferred to the consumer already 'at the time of delivery of the goods to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the trader, without prejudice to the rights of the consumer against the carrier.
4. RIGHT OF WITHDRAWAL
Pursuant to Legislative Decree 206/2005, if the Customer qualifies as a "consumer", he/she has the right to withdraw from the contract and return the products ordered, without any penalty and without specifying the reason, within 14 (fourteen) days from receipt of the products. The right of withdrawal referred to in the preceding article must be exercised by the customer, under penalty of forfeiture, through the Contact box provided on the site or by sending an email to firstname.lastname@example.org
All returns, which must be perfectly intact and accompanied by the original packaging, must be authorized in advance by the Assuero Customer Service.
The maximum period within which the refund will be made after the arrival of the returned goods (and verified its integrity) is 14 days.
We accept the return of any item, as long as it is in PERFECT CONDITION and SEALED, WITHOUT ANY TYPE OF WEAR, NOR ROVINATED, NOR GRAFFIED, and only with the original packaging (including internal protections).
We also reserve the right to refuse returns from us unauthorized or otherwise do not comply with all conditions. In these cases the goods will be returned to the sender at the original shipping address. The eventual acceptance of such returns however involves a charge equal to 25% of the value of the returned goods.
The right of withdrawal referred to in the preceding article CANNOT be exercised by the customer in the event that the products have been used by the customer or for custom products and created to order.
If you are not happy with the item you purchased on our website www.assuero-line.com or you have simply changed your mind, you can return the item WITHIN 14 days.
The return shipment is at customer's expense and must be done within 14 days from the receipt of the order. In case of an exchange the shipment of the new item is at Assuero's charge.
To proceed with the return or exchange of an item, please contact the customer service through the appropriate box "contacts" or at email@example.com
Assuero reserves the right to request photographic evidence before authorizing returns for defective goods.
Cooperativa Futura Factory
Via Gemona, 32
Ponterosso Industrial Area
San Vito al Tagliamento, Pordenone
The items must be returned inside the original Assuero Line packaging with all labels, accessories and the product packed and protected in all its parts (as at the time of delivery).
Upon receipt we will check the status of the object: if it is intact, we will proceed with the refund of the order, retaining, in accordance with the provisions of the Consumer Code, the cost of shipping, if provided at the time of purchase the handling fee of 9.50 € for the series City Line, City Monuments and Forest Line, 12 € for the series City Table and Art Table 25 € for City Art and Art Line.
The product must be returned only to the address of Cooperativa Futura Factoy; other locations are not authorized to receive materials and therefore will be refused.
If damaged and/or missing parts, we will partially refund you based on the decrease in value of the item.
We also reserve the right to refuse unauthorized returns or returns that do not comply with all conditions. In these cases, the goods will be returned to the sender at the original shipping address. Acceptance of such returns will still incur a charge of 25% of the value of the returned goods.
The refund will be issued in the same currency as the original purchase. Any difference in amount due to exchange rate fluctuation will not be refunded.
Unfortunately, customized products and products created to order cannot be returned and refunded (art.59 of the Consumer Code).
Assuero Line cannot be held responsible for external events affecting the delivery, however, we remain available to follow up these possible disputes.
The consumer is only responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than the one necessary to establish the nature, the characteristics and the functioning of the goods.
After Assuero Line has received your return, you will receive an e-mail confirming the acceptance of the return. Whatever payment method you have used (credit card, bank transfer), the refund will be activated in the shortest time possible, and in any case within 14 (fourteen) days from the date of receipt of the returned item and that the withdrawal has taken place in compliance with the above conditions.
Assuero will refund the price of the purchased products net of the shipping costs for the return to Assuero Line, plus those accrued for the storage at the courier, which are charged to the customer and the expenses related to the management equal to 9,50 € for the series City Line, City Monuments and Forest Line, 12 € for the series City Table and Art Table, 25 € for City Art and Art Line.
The customer is responsible in case of loss or damage of the products.
Any delays in crediting the amount due, may be determined by the activities necessary for the return of the amount by the system chosen.
The refund will be issued in the same currency as the original purchase. Any difference in amount due to exchange rate fluctuation will not be refunded.
5. CONFORMITY AND WARRANTY ON GOODS:
The task of the customer, upon delivery of the goods, is to check that the packaging is intact, undamaged, or wet or otherwise altered, even in the closing materials.
Any damage must be immediately reported to the courier who makes the delivery (accepting the goods with a SPECIFIC RESERVE to be written in the "portal" of the courier, indicating the problem found).
In case the product is damaged during the transport, the Client must communicate it to Assuero Line through the "Customer Service" in the box of the contact section within 3 days from the delivery, detailing the damages that the product has suffered (together with a photo-proof of the damages suffered).
In any case, at the time of delivery, the products must be checked by the customer in order to ascertain that they correspond to the items ordered and that they do not present production defects or other lack of conformity. In addition to the specific warranties that may be provided to the customer together with the delivered product, the legal warranties provided by Italian law are also applicable to the sale of products purchased on the site.
Pursuant to art. 130 of the Consumer Code, the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.
In case of lack of conformity, the consumer has the right to the restoration, without expenses, of the conformity of the good through repair or replacement, or to an adequate reduction of the price or to the resolution of the contract.
A conformity defect of small entity for which it has not been possible or it is excessively onerous to esperire the remedies of the reparation or the substitution, does not give right to the resolution of the contract (paragraph 10 art 130 of the Code of the Consumer).
In the event that the package shows obvious signs of tampering or alteration, it is also recommended to the customer to give prompt notice to the "Customer Service" through the box in the Contact section.
The legal guarantee of conformity of goods, is equal to 2 years: specifically, the seller is responsible, under Article 130, when the lack of conformity is manifested within the period of two years from delivery of the goods. In particular, the rights arising from this guarantee may be exercised provided that the products have been used properly, with due diligence and in accordance with the intended use and as provided in the enclosed indications and in the use and maintenance cards, and after the customer has shown the transport document. It is understood that the consumer loses this right if he does not report to the seller the lack of conformity within 2 (two) months from the date on which he discovered the defect (art. 132 Consumer Code).
The consumer's request to enforce the guarantee of conformity of products must be communicated to the seller by contacting customer service through the box provided in the section "Customer Service" through the box provided in the section Contacts.
6. PAYMENT METHODS ACCEPTED:
Credit Card: Visa, MasterCard, American Express
Bank transfer in advance
The customer can use the online payment system in electronic money provided on the site. These payment systems use security protocols to ensure the privacy and reliability of financial transactions.
The information will never be stored on the Site and will be used exclusively to complete the purchase transaction or a possible refund where necessary or to report to the police of any fraud committed on the Site.
Eventual problems referred to the payment system can be contested exclusively to the manager of the payment platform (for example PayPal) and not to Assuero Line directly.
If you have a dispute with Assuero following the purchase of a product and you are unable to resolve it, contact our Customer Service through the box included in the site in the "Contacts" section; remember that the territorial jurisdiction is exclusively that of the Court of Venice, Italy.
We also inform the consumer resident in Europe, that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services entered into online and / or arising from them.
Consequently, if you are a consumer established in Europe, you can use this platform to resolve any dispute arising from the online contract concluded on this site. The European ODR platform is available at the following LINK.
The law governing the General Conditions of Sale is Italian law. They have been drawn up in the Italian language. The official version that is authentic is the one in Italian language. Any dispute arising out of the application and/or interpretation of these Conditions of Sale and the Conditions of Maintenance and Use and the instruction booklet attached to the product shall be submitted to the exclusive jurisdiction of the Court of Venice (Italy).
8. LIMITATIONS OF LIABILITY
Except for cases of fraud or gross negligence, the Seller is not in any way responsible towards the Customer for direct or indirect damages that may result from the purchase of products offered for sale on the Site. Any violation of the conditions of use and maintenance provided in the instruction booklet and in the use and maintenance sheets or in the technical sheets, exonerate the Seller and the Producer from any responsibility towards the Customer.
The Seller also declines any contractual or extra-contractual responsibility for direct or indirect damages caused by the non-acceptance or evasion, even partial, of an order.
Moreover, any claim for direct or indirect damages, where provided by law, cannot exceed the value of the contract (equal to the price of the product).