1.1 The offer and sale of products from this website (hereafter “the Website”) are governed by these General Terms and Conditions of Sale (hereafter “Terms and Conditions of Sale”). These Terms and Conditions are valid exclusively between the legal pro-tempore representative of the company Chimento Oro S.r.l. a s.u. - with registered offices in via XX Settembre n. 48, 36043 Camisano Vicentino (VI), and operational headquarters in via Vecchia Ferriera 5, 36100 Vicenza (VI), enrolled in the Vicenza Business Register with Italian fiscal code and VAT number 03994560245 - (hereafter “CHIMENTO), and any person (hereafter “the Client”) who shops from this Website.
1.2. The Client is obliged carefully to read these Terms and Conditions of Sale before placing their order. All online purchases entail total knowledge and explicit acceptance of the aforementioned Terms and Conditions of Sale by the Client. The Client commits fully to observe and respect these Terms and Conditions in all their dealings with CHIMENTO.
1.3. The Terms and Conditions of Sale are automatically applied to all purchases the Client makes from the Website. They remain enforceable indefinitely.
1.4. After completing the online purchasing process, the Client is required to print and preserve the Terms and Conditions of Sale after having read and accepted them in their entirety.
3. Subject matter
4. E-Commerce sales and the conclusion of a sales agreement
4.1 The online sales agreement is a remote contract stipulating the sale of movable goods (hereafter “Products” or, the singular form, “Product”) by CHIMENTO, the vendor, to the Client, the buyer, using an e-commerce service organized by CHIMENTO that makes use of remote communication technology, the Internet, to fulfill its aims.
4.2 To conclude the sales agreement of one or more Products, the Client needs to fill out the electronic order form on the Website (hereafter “Order Form) and submit it to CHIMENTO following the specific instructions. The Client may edit or correct the list of products in their shopping cart before submitting the Order Form. Products saved in the shopping cart stay there for up to thirty days before being deleted if the Order Form has not been submitted.
4.3 The Order Form includes:
● a reference to these Terms and Conditions of Sale with a reminder that the submission of the Order Form automatically entails the Client’s acceptance of these Terms and Conditions;
● information about, and images of, each Product and their respective price;
● the payment methods the Client may use;
● the delivery methods, and potential shipping and delivery costs, of the acquired Products;
● a reference to the conditions for the right of withdrawal;
● the ways and time limits in which acquired Products may be returned.
4.4 The page of each CHIMENTO Product offered for sale on the Website includes a graphic/photographic illustration, a technical description, and the respective price. The Client’s computer’s technical specifications and screen resolution might cause some visual variations in the photos of the Products. CHIMENTO is therefore not responsible for any potential inadequacy of the graphs/photographs of the Products shown on the Website as they might be caused by the aforementioned technical reasons. As these illustrations are mainly explanatory, only and exclusively the written Product descriptions and technical specifications will vouch for each Product.
4.5 The sales agreement is concluded when CHIMENTO receives payment from the Client.
The availability of Products is to be considered as indicative. If several buyers are shopping from the Website contemporaneously, one Product or more Products could be sold to other clients before Order Confirmation. In this case, the same kind and type of Product as uploaded by the Client to their Order Form might not be left anymore. Equally, technical IT problems might occur and impede the purchase of a Product: these are not attributable to CHIMENTO.
The validity of the agreement depends on CHIMENTO’s availability of the Product.
If a Product is not available any ìmore, CHIMENTO will communicate this to the Client within twenty days from the receipt of the Order Form, reserving the right to dissolve the sale agreement and reimburse the Client with the entire amount paid as long as this does not entail additional charges or costs for CHIMENTO.
4.6 Once the sale agreement is concluded, CHIMENTO will send an Order Confirmation (hereafter “Order Confirmation”) to the Client via email. Once this Order Confirmation has been sent, canceling or changing the order is not possible anymore, unless stated otherwise in these Terms and Conditions of Sale.
4.7 CHIMENTO does have the possibility to ask further information about the submitted Order via email or phone using the contact details provided by the Client.
4.8 CHIMENTO reserves the right not to carry out Orders that do not guarantee solvency, that appear incomplete or incorrect, or when a Product has become unavailable after the submission of the Order Form. In these cases, CHIMENTO will inform the Client via email that the Order cannot be carried out and explain the reasons for this. The sum charged to the Client's payment method will be canceled and the Client reimbursed with the exact amount paid without any charges or costs for CHIMENTO.
5. Sale prices, terms and methods of payment
5.1 The price indicated on the Website at the moment of the online submission of the Order Form is always the only price valid.
5.2. CHIMENTO reserves the right to change and update the prices of Products at any time. The invoice issued to the Client is always based on the prices of the acquired Products and additional costs as indicated on the Website at the moment of the submission of the Order Form and in the confirmation of receipt of the Order Form sent to the Client by CHIMENTO.
5.3. The Client can use the following methods to pay for the Product:
- Credit cards, debit cards, or prepaid cards.
The Client selects the preferred payment method when filling out the Order Form.
5.4. Unless otherwise specified, the prices of the Products indicated on the Website and Order Form, include shipping costs and any customs duties, or related taxes, if delivery takes place in countries outside the European Union or in countries where import taxes are imposed by current legislation.
5.5. CHIMENTO is not liable if third parties illicitly or fraudulently use credit cards or other payment methods during the purchase of a Product on the Website.
6. Sale prices, terms and methods of payment
6.1. The Products bought by the Client from the Website are delivered to the address the Client indicated on the Order Form. Delivery is carried out according to the Client’s selection from the available options on the Order Form.
The Client can monitor and track the delivery on the courier’s website using the details provided to the Client by CHIMENTO once the order has been shipped.
6.2. The acquired Products are delivered to the Client in specific packaging that guarantees their security and safety also during transportation.
The following is included in the package: the Products acquired by the Client; the accompanying document attesting transportation and receipt; the warranty certificate; possibly informative and marketing material.
6.3. The Products acquired from the Website are delivered to the Client within an estimated fifteen days from the conclusion of the sales agreement as stipulated in these Terms and Conditions of Sale.
This time limit for delivery is neither mandatory nor fundamental. The Client can only ask for the sales agreement to be dissolved after a minimum of thirty days from order confirmation, once CHIMENTO has been granted an additional fifteen days to take care of possible shipping delays caused by factors unknown or not knowable by CHIMENTO at the moment of Order Confirmation.
6.4. The Client is obliged to check the integrity, quantity and type of Products delivered at the moment of delivery to verify that they correspond to the ones ordered, and that the packaging is intact and undamaged. These checks are to be carried out with customary diligence: the Client should immediately inform the courier of any possible defects or irregularities, and indicate these on the delivery note, declining to accept the delivery if deemed appropriate.
Once the delivery note has been signed, the Client will not be able to contest the completed delivery in any way.
6.5. The Client is obliged to inform CHIMENTO in writing and in good time - not later than fourteen days after the delivery of the Products - of any damages to the Products received. If no such communication occurs, the Products are understood to have been fully accepted.
6.6. CHIMENTO cannot be held responsible or charged for delayed or missed delivery either attributable to the courier and/or third parties, or due to extenuating circumstances.
7. Warranty and limits of CHIMENTO's responsibility
7.1. All Products sold by CHIMENTO are covered by the company’s established warranty (of varying duration depending on the Product), as well as the twenty-four-months warranty for lack of conformity in accordance with Italian law D.Lgs. n. 206/2005 e ss.mm.
The Client needs to preserve the receipt with the Product in order to make use of this assistance throughout the warranty’s duration.
Specifically, the Client “Consumer” can take advantage of the legal warranty of conformity (as per Italian law art. 129), as well as other current legislations applicable in the matter. This is only the case if the Client is a natural person who buys goods not for professional reasons, meaning they do not include a VAT number, as defined by the Italian Consumer Code, in their Order Form.
If Products manifest defects not derived from normal use, the Client has the right to have the Product either restored to conformity or replaced without extra costs, as per article 130 of the Consumer Code. If the aforementioned solutions are not possible or too costly, the Client has the right either to a reduction of the price paid, or the dissolution of the sales agreement with full reimbursement, as per article 130 of the Consumer Code. If CHIMENTO does not detect nonconformity, the Client will be contacted with a cost estimate for the reparation and/or replacement of the Product, the process of which will only be started once the written consent of the Client has been obtained. In this case, the Client has to pay the shipping costs and possible customs duties, and the reparation and/or replacement will only take place once the Client has paid for the reparation and any other of the above mentioned costs. If the Client requests to return the Product without having it repaired and/or replaced, the Client has to pay the shipping costs and possible customs duties.
7.2. The Client has to inform CHIMENTO of nonconformity within two months of the discovery of the defect by contacting the following email address: firstname.lastname@example.org.
CHIMENTO is responsible if nonconformity occurs within two years of the date of delivery. These defects that were not inflicted maliciously always need to be communicated to CHIMENTO within a maximum of twenty-six months after the delivery of the Product.
7.3. The warranty is only valid if the Products are used correctly and the Client is able to show the original delivery note and order number. Apart from the mandatory limits imposed by law, CHIMENTO does not provide a warranty or declaration of Product conformity that goes beyond those explicitly stated on this Website, including the demonstration of technical prerequisites for Product conformity, quality or standards of any kind, and for no specific or particular reasons.
8. Right of withdrawal
8.1. The Client has the right to withdraw from the sales agreement for whatever reason, without having to explain these reasons and without incurring any fines, within fourteen days from delivery of the Product.
8.2. To make use of this right of withdrawal, the Client needs to communicate this to CHIMENTO by filling out the designated form that is then sent to email@example.com.
This communication needs to include the order number, the number and date of the receipt, as well as the reference number/s of the Product/s to be returned in case of a partial return.
Once withdrawal has been communicated in this way, CHIMENTO will swiftly instruct the Client via email how to return the Product which needs to occur within ten days of this last communication.
8.3. The right of withdrawal is valid under the following conditions:
- the right applies to the Product in its entirety; it is impossible to exercise the right of withdrawal for only a part or component of the acquired Product;
- the Product needs to remain intact, namely it needs to be returned in its entirety in its original packaging with all its parts included (possibly also including any documentation and accessories: manuals, etc.);
- the Client needs to follow all instructions provided by CHIMENTO for the return;
- shipping costs and any possible customs duties and other taxes related to the return are the Client’s responsibility and will not be reimbursed;
- the Client is absolutely and solely responsible for the shipping of the Product to be returned until it is consigned to CHIMENTO;
- if the Product is damaged during transportation, CHIMENTO will inform the Client within five working days after receipt of the Product so that the Client is able to file a complaint with the courier and potentially get reimbursed. In this last case, the Product will be returned to the Client, temporarily cancelling the request for withdrawal at the Client’s cost;
- CHIMENTO cannot account for damaged, stolen or lost Products being returned with uninsured shipping;
- once the Product has been returned, it will be closely examined by CHIMENTO to appraise any possible damages or tampering that did not occur during its shipping.
8.4. The right of withdrawal is lost if the Product is not returned intact (packaging and/or its content), and CHIMENTO ascertains the following condition/s:
- lack of the original external or internal packaging in all its parts;
- lack of integral parts of the Product (accessories, manuals, individual parts and components of the Product);
- any damage to the Product not caused by its transportation.
If the right of withdrawal is lost, CHIMENTO will return the Product to the sender and charge them with the shipping costs, as well as any possible customs duties or taxes.
8.5. The right of withdrawal does not apply to the purchase of personalized or custom-made Products, and any other cases stipulated by article 59 of the Italian Consumer Cose. The right of withdrawal never applies if a Product has been handled in a way that goes beyond establishing its nature, characteristics and function.
8.6 If the right of withdrawal has been exercised legitimately, CHIMENTO will reimburse the Client with the Product's purchase price within thirty days from the consignment of the returned Product. Shipping costs and any customs duties or reimportation taxes are never reimbursed. The same payment method as used for the purchase is used for reimbursement.
9. Intellectual property
Whether explicitly protected by intellectual property rights or not, all contents of the Website (photos, product pages, descriptions, layout, etc.) are the exclusive property of CHIMENTO and may not be used by third parties without having obtained CHIMENTO’s consent. All products, drawing, models, brands, texts, visuals or audios, comments, works, illustrations, and images reproduced on the Website are protected by author’s rights, brand protection, right to images, and any other applicable copyright law. CHIMENTO and its partners are the owners of everything.
Any reproduction or depiction is considered counterfeiting and may implicate the author’s civil and criminal liability.
10. Conservation of the sales agreement
10.1 The Sales Agreement and all other connected documentation are saved, kept, and archived by CHIMENTO in their headquarters. This is not only necessary for the correct fulfillment of the Sales Agreement, but also prescribed by Italian law, in accordance with the Privacy Code (D. Lgs. n. 196/2003), and European law (EU Regulation 2016/679 of 27 April 2016).
10.2. The Client is always obliged to save, keep, and archive both a digital and a printed copy of the Sales Agreement.
11. Processing of personal data
The personal data supplied by the Client is processed in accordance with Italian Law D. Lgs. 30 June 2003, n. 196 (“Protection of Personal Data Code”) and article 13 of European Union Regulation 2016/679 of 27 April 2016 and all its subsequent modifications and additions.
12. Communication with the Client
The Client is aware of, accepts, and gives their consent that all communication, notifications, declarations, information, reports, and any other communication relating to the entire process of Product purchases, are sent to the email address provided during registration, with the possibility of downloading some information in the ways, and within the limits, established by the Website.
13. Legge applicabile e foro competente
13.1. These Terms and Conditions of Sale and the connected Sales Agreement between CHIMENTO and the Client are regulated by Italian law, in particular D. Lgs. n. 70/2003 on e-commerce, with relevant references to Consumer Clients in D.Lgs. n. 206/2005 (Consumer Code), except for mandatory regulations imposed by the law of the Client’s country of residence that might be applicable.
13.2 The Court of Vicenza is the only competent court of jurisdiction should disputes arise between CHIMENTO and the Client in relation to the interpretation, application, and execution of these General Terms and Conditions of Sale.
14. Modifications and updates
CHIMENTO may edit and/or update these General Terms and Conditions of Sale at any time. The Client therefore is obliged to accept only those General Terms and Conditions of Sale that are valid at the moment of purchase.
New General Terms and Conditions of Sale will be valid immediately after their publication on the Website and applicable to all orders and purchases made after that date.