General term and conditions

TERMS OF SALE FOR AMICIBAU.COM

The AMICIBAU brand, protected by copyright and owned by AMICIBAU SNC DI CESAROTTI D. E BISI F., assigns the management of the e-commerce site amicibau.com to AMICIBAU SNC (VAT No. 03046690354), represented by its legal representative pro tempore, with its registered office in Guastalla (RE), Via Vegri 6 (hereinafter also referred to as "AMICIBAU"), which is the only authorized entity to sell products on the domain amicibau.com.

Orders placed by users through amicibau.com (hereinafter also referred to as the “Platform”) constitute, if accepted by AMICIBAU, the conclusion of a sales contract with AMICIBAU SNC.

The agreement concluded between the parties is governed by these Purchase and Use Conditions, which form an integral and substantial part of the agreement itself.

In the event of discrepancies between these Conditions and the content of other parts of the Platform, the Conditions set forth in this document shall prevail.

1. PURCHASE CONDITIONS

The user is required to carefully read these Purchase Conditions before ordering Products online from the Platform.

1.1 SCOPE OF APPLICATION OF THESE PURCHASE CONDITIONS

These Purchase Conditions govern all sales offers and contracts related to the sale and delivery of Products available on the site amicibau.com by AMICIBAU. The user accepts these Purchase Conditions when ordering something from the Platform or accepting an offer from AMICIBAU. Deviations from these Purchase Conditions are only possible with the written consent of AMICIBAU.

1.2 PRODUCTS

The presence of products on the Platform is subject to their availability. AMICIBAU will do everything necessary to ensure that what is visible on the Platform matches the actual availability of the Products; however, it is possible that a Product displayed on the Platform is no longer available for purchase.

In the event of unavailability occurring after the Customer has placed an order for a product indicated as available, AMICIBAU will inform via email of the time required to procure the ordered item; within 48 hours of such communication, the Customer may decide to withdraw from the order by notifying AMICIBAU via email, which will proceed to refund any amount paid for the product in question. If the product does not become available again, AMICIBAU will refund any amount paid for the product in question.

If the product description includes the phrase "on request," AMICIBAU will take care of ordering the product from the manufacturer and will communicate via email the estimated time required for the product to be available. If this is not possible, AMICIBAU will refund any amount paid for the product in question.

If the product description includes the phrase "customizable," the Customer may indicate their modification, adaptation, and/or customization proposals in the appropriate fields when submitting the order. AMICIBAU will communicate via email the shipping times, which should be considered indicative and do not constitute any obligation and/or liability on the part of AMICIBAU in the event of delivery delays.

AMICIBAU reserves the right not to indicate the availability of products or some of them present in the online store.

AMICIBAU is not responsible for minor discrepancies that may be found in the characteristics and properties of the Products compared to those perceived based on the images displayed on the site, as such discrepancies may be due to technical reasons or different methods of acquiring and/or displaying images.

AMICIBAU is not responsible for any errors and/or inaccuracies in the description of the products displayed on the Platform.

This is without prejudice to the right of withdrawal as well as what is provided in terms of warranty for defects/non-conformities of the Products.

1.3 REQUIREMENTS FOR THE CONCLUSION OF A CONTRACT WITH AMICIBAU

The purchase of Products through the Platform is permitted for consumers over the age of 18 or also for non-consumers, who guarantee the truthfulness and accuracy of the information provided to AMICIBAU for the provision of the service.

1.4 MODALITIES FOR CONCLUDING THE CONTRACT WITH AMICIBAU

The order placed by the user represents a purchase proposal submitted to AMICIBAU, reflecting the user’s intention to buy certain products displayed on the Platform. The display of products on the Platform, along with the related information, shall in no case be considered a sales offer or a contract, but rather an invitation to propose.

Orders submitted by the user are subject to acceptance by AMICIBAU, which is not obliged to provide reasons for any potential refusal.

In the case of a valid order, an acceptance email will be sent to the user at the email address provided during the purchase process, indicating the order number, the details of the products offered for purchase, the price of each individual product, and the total price of the order, including shipping costs.

The dedicated section (Shipping) will provide information regarding the delivery methods and times for the product(s) to the address specified by the user.

In the absence of acceptance or refusal of the order, the order shall be deemed refused after 10 (ten) working days from the date of the order.

In the case of refusal, the order or part of it will be canceled, without any liability on the part of AMICIBAU towards the user or third parties.

AMICIBAU may also cancel the order even after a sales contract has been concluded if, for example, issues arise related to the processing and management of the order; if the products are found to be no longer in production despite being visible on the platform at the time of the order; if there are issues regarding the execution and crediting of payments; or in the case of glaring errors in the description or pricing of the products.

Following the refusal or cancellation of the order, the user will be refunded the amount possibly paid as compensation for the canceled order or part of the order.

AMICIBAU disclaims any responsibility towards the user or third parties in case of order refusal and cancellation.

1.5 PRICE OF PRODUCTS

The indicated prices are inclusive of any applicable taxes. AMICIBAU reserves the right to change prices before the order is submitted by the user.

AMICIBAU also has the right to modify, limit, or terminate special offers or discounts at any time.

Shipping costs vary depending on the products and types of delivery and are solely the responsibility of the user unless otherwise specified.

Shipping costs will be specified and added to the total order amount.

1.6 PAYMENT METHODS

The available payment methods will be specifically indicated at the time of order completion in the appropriate payment section.

1.7 INVOICING

Where AMICIBAU deems it necessary to issue an invoice, it will be issued and made available in electronic format, which the user accepts as the invoicing method.

1.8 DELIVERY

The goods will be sent by AMICIBAU via courier to the address specified by the user, which must correspond to a residence, an office, or a building where the user or their representative can be easily reached for the collection of the product(s).

In the event that a delivery attempt is unsuccessful, the courier—based on the service conditions they offer—will indicate the procedures for any further delivery attempts and/or the possible retrieval methods for the product(s) at the nearest logistics center to the delivery address specified by the user.

Delivery times are purely indicative and may vary for reasons not attributable to AMICIBAU. In any case, changes in delivery times cannot justify claims for compensation.

AMICIBAU reserves the right to make a partial delivery of the products subject to the order in case of issues encountered in the processing of the order or logistical problems related to shipping, with a reservation to complete the delivery as soon as possible.

If the shipment becomes entirely or partially impossible or cannot be executed for reasons not attributable to AMICIBAU, the right is reserved to terminate the contract concluded with the user, without prejudice to the user’s right to obtain a refund of what has been paid.

If the shipment becomes entirely or partially impossible or cannot be executed for reasons attributable to the user (for example: refusal of shipment; return due to completed storage), shipping costs will remain the responsibility of the user.

1.9 RIGHT OF WITHDRAWAL AND RETURN

1.9.1 Exercise of the right of withdrawal

The user (only if a consumer) can exercise their right of withdrawal from the sales contract by completing a specific declaration using the form available on the Platform in the "My Orders" section, clearly indicating the intention to withdraw in whole or in part from the sales contract.

The right of withdrawal can be exercised without the need to indicate the reasons within fourteen (14) days from the receipt of the products at the address specified for shipping.

In the case that the products related to the same order are delivered or collected at different times, the fourteen (14) days for exercising the right of withdrawal will start from the delivery of the last product or the last products related to the order.

AMICIBAU will communicate to the user a confirmation of receipt of the withdrawal exercised at the email address provided during the purchase process.

The user is responsible for the return of the product(s), instructing a courier to pick up the package at the address indicated at the time of the order and ensuring its delivery to the selected retailer at the time of the order. AMICIBAU will send an email to the user with details and the address to which to send the product.

In any case, the product(s) subject to return following the withdrawal must be delivered in their original packaging (including, in the case of clothing products, the original tags which must not be removed) to the courier indicated by AMICIBAU. Otherwise, the return of the product(s) cannot be accepted.

Shipping costs for the return, unless there are defects, are the responsibility of the user.

The return will only be free if expressly indicated on the platform in correspondence with the specific product selected and, in any case, only for transactions made by users residing in Italy.

If the user resides abroad, the management of any return/refund of the product is always their responsibility, and they must arrange it by instructing the courier of their choice and bearing the associated costs: it is understood that AMICIBAU is not responsible for any service issues caused by the shipping method chosen by the user.

If the withdrawal is communicated within the times and methods described above, AMICIBAU will refund the user the full amount paid for the product(s) subject to return, including shipping costs, within fourteen (14) days from the date on which the user exercised the right of withdrawal; the same payment method used at the time of the order will be used for the refund. If the user wishes to opt for a different payment method from the one initially used, it will be their responsibility to communicate this promptly to AMICIBAU, and additional costs may be charged.

AMICIBAU reserves the right to withhold the amount paid by the user for the product(s) subject to return until the product(s) have been delivered to the relevant retailer and also reserves the right to check the integrity of the returned product and its compliance with the returned item.

Given the nature of the products, if a reduction in the value of the returned product compared to the original value is found, AMICIBAU has the right to withhold part of the amount to be refunded to the user corresponding to the assessed decrease in value.

1.9.2 Exceptions to the Right of Withdrawal

The user cannot exercise the right of withdrawal in the case of the purchase of Products made to measure or according to specific indications and needs provided by the user, nor in regard to Products that cannot be returned for hygiene reasons if the related packaging has been opened.

The right of withdrawal is excluded and, therefore, this paragraph 1.9 does not apply to contracts concluded with users having a VAT number (non-consumer users).

1.10 DEFECTS/DIFFERENCES IN PRODUCTS

AMICIBAU recognizes on the products sold through its platform:

If the user is a "consumer" (i.e., a natural person acting for purposes unrelated to entrepreneurial, commercial, artisanal, or professional activities), the legal warranty lasting two years as per Articles 128 et seq. of Legislative Decree No. 206 of 06/09/05 (“Consumer Code”);

If the user is not a "consumer," the legal warranty lasting one year as per Articles 1490 et seq. of the Civil Code.

If Italian Law is not applicable, AMICIBAU will recognize the minimum mandatory warranty provided by the applicable law instead of the Italian one.

Under the aforementioned warranty, the user - within the timeframes provided by the above-mentioned regulations, depending on whether the user is a consumer or another subject - can fill out a specific report using the form available on the Platform in the “my orders” section, clearly indicating the defects/differences found on the Product(s) and attaching supporting photographic documentation; alternatively, the defects/differences found on the Product(s) must be reported by the user, always within the timeframes provided by the above-mentioned regulations and clearly, by sending an email/PEC to the email addresses support@amicibau.com or certified mail amicibau@pec.it, ensuring to specify the order details and attaching supporting photographic documentation.

The consumer user loses the rights provided in the event of defects/differences if they do not report the lack of conformity to AMICIBAU within two months from the date they discovered the defect (Article 132 of the Consumer Code).

The non-consumer user loses the rights provided in the event of defects/differences if they do not report the lack of conformity to AMICIBAU within eight (8) days from the date they discovered the defect (Article 1495 of the Civil Code).

AMICIBAU, after reporting to the manufacturer of the Products indicated as defective, will arrange for the collection, replacement, or possible repair of non-functioning and/or defective Products:

At no cost to the user;

Within no more than 30 (thirty) days from the report;

At the location where the non-functioning and/or defective Products are located at the time of the report.

If the Products have a warranty recognized by the manufacturer (commercial warranty), the user can directly contact the manufacturer according to the methods and terms indicated in the warranty itself.

Products are considered defective, and the user will be refunded only if a manufacturing defect is found or if there are differences from the factory specifications.

Refunds cannot be made for Products:

Purchased from sources other than the Platform;

Damaged due to misuse or negligence (including but not limited to: damages caused by contact with caustic, chemical, corrosive, or flammable substances, or caused by high/low temperatures or the use of sharp objects);

Damaged as a result of misuse or activities other than those intended.

In any case, Products damaged due to normal wear and tear or that have exceeded the reasonable lifespan attributed to the Products in relation to the nature of the item will not be replaced.

2. USE OF THE PLATFORM

These Terms of Use govern the use of the Platform by the user, as well as the use of the software contained in the Platform (“Software”).

The user expresses the intention to accept the Terms of Use and agrees to comply with them by registering on the Site; and/or using the Services; and/or using the Platform in any other way, regardless of whether the user has their own Account.

Users agree not to use the Platform and related Services if they have not accepted the Terms of Use and, in any case, to read them carefully before using the Platform and Services.

2.1 PERSONAL DATA PROTECTION NOTICE

By submitting a purchase order, the user agrees and acknowledges that AMICIBAU can collect, use, store, and process their personal data in accordance with the Personal Data Protection Notice and the Cookies Policy, which are an integral part of these Terms of Use and should be consulted carefully.

2.2 CHANGES TO THESE TERMS

AMICIBAU reserves the right to make - at any time and at its discretion - changes to the Purchase and Use Terms of the Platform.

Any change or modification to these Purchase and Use Terms will take effect from the moment of publication of the revisions in this section of the Platform, without the need for prior notice to the user, who is therefore invited to constantly monitor the Terms.

AMICIBAU, in case of changes or modifications to these Purchase and Use Terms, may require the user to download the latest version of the Platform and/or to accept a new version of these Purchase and Use Terms and their related modifications, which will be deemed accepted if the user continues to use the Platform.

2.3 COPYRIGHT

Except as provided below, the Content represented or displayed on the Platform is the exclusive property of AMICIBAU, is protected by Italian and international laws, particularly those regarding copyright, and cannot be used by the user for purposes for which they are not intended.

Intellectual Property of the Platform – All Products on the Platform are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other applicable property rights and laws. Except as expressly authorized by the legitimate owners and AMICIBAU, users may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, modify, or create derivative works from such material.

Use of Intellectual Property – Users may not modify materials or copy, distribute, transmit, display, perform, reproduce, publish, license, use to create derivative forms, transfer, or sell information or works contained in the Platform.

2.4 ACCURACY OF INFORMATION

AMICIBAU intends to ensure that the information contained on the Platform is complete, exhaustive, detailed, and up-to-date. However, AMICIBAU has no obligation to ensure the accuracy of the information contained on the Platform; therefore, inaccuracies and/or imprecisions may occur, for which AMICIBAU declines all responsibility, and the user is aware that any reliance placed on the truthfulness of such information is at their own risk.

2.5 MINORS

To access or use the Platform, the user must be at least 18 years old.

2.6 INFORMATION PROVIDED BY THE USER

When providing their information to the Platform and/or when creating an Account, the user agrees to ensure the truthfulness and accuracy of such information or to update it to ensure its currentness.

If the user provides false or inaccurate information, AMICIBAU reserves the right to suspend and/or discontinue the provision of services to the user, including access to the relevant Account.

2.7 REGISTRATION AND PASSWORD

To access certain content and/or services provided by AMICIBAU, the user may be required or allowed to create an Account, which will be managed by the user using a username and password.

The user agrees to keep their account access credentials secret, assuming all responsibility for any use of these by anyone with or without their consent.

The user acknowledges being responsible for any loss or damage suffered by AMICIBAU or other natural or legal persons due to others using their credentials and agrees to promptly inform AMICIBAU of any unauthorized and/or unusual use.

2.8 OPERATION OF THE PLATFORM AND TERMINATION OF THIS CONTRACT

AMICIBAU may interrupt the operation of the Platform or any part of the Platform when necessary to perform regular or extraordinary maintenance, correct errors, or make other changes. In any case, any interruption of the operation of the Platform shall not give rise to or justify claims for compensation.

AMICIBAU shall not be liable for delays or omissions in fulfilling its obligations if the delays or omissions are due to causes beyond its control.

AMICIBAU reserves the right - at any time at its discretion and without notice - to suspend or cease the operation and/or access to the Platform by and/or for the user, as well as to terminate/cancel the contract possibly concluded with the user under these Terms of Use, for any reason, including, without limitation, in the event of non-compliance with these Terms of Use.

In the event of termination/cancellation of the contract under these Terms of Use, all rights recognized to the user under these Terms of Use shall extinguish, and consequently, the user must immediately cease all activities authorized by these Terms of Use, including the use of the Platform.

The user may terminate/cancel this Contract at any time without notice and for any reason by deleting their Account.

2.9 GOVERNING LAW

This Contract is governed by Italian law and must be interpreted in light of it.