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Terms of sale

The Purchaser expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.

Identification of the Supplier

The goods covered by these general conditions are offered for sale by Polo Est snc with headquarters in Cadoneghe (PD) via Fiorita, 1C, registered with the Padua Chamber of Commerce under no. 406068 of the Business Register, Tax Code – PI 04143270280

1. Definitions

1.1. The expression "online sales contract" means the sales contract relating to the tangible movable property of Polo Est snc, stipulated between them and the Purchaser as part of a remote sales system using telematic tools, organized by Polo Est snc.
1.2. The expression "Buyer" means the natural person consumer who makes the purchase, pursuant to this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The expression "Polo Est snc" means the subject indicated in the epigraph or the subject providing information services.

2. Object of the contract

2.1. With this contract, respectively, Polo Est snc sells and the Purchaser remotely purchases the tangible movable property indicated and offered for sale on the website www.progettosedia.com.
2.2. The products referred to in the previous point are illustrated on the web page www.progettosedia.com/catalogo.

3. Methods of stipulating the contract

The contract between Polo Est snc and the Purchaser is concluded exclusively through the Internet through the Purchaser's access to the address www.progettosedia.com, where, following the procedures indicated, the Purchaser will come to formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 1 of the previous article.

4. Conclusion and effectiveness of the contract

4.1. The purchase contract is concluded by correctly filling out the request form and consenting to the purchase expressed through the adhesion sent online or by filling in the form/module attached to the online electronic catalog at the address www.progettosedia. com/orders and the subsequent sending of the form/module itself, again after displaying a printable web page summarizing the order, which shows the details of the originator and the order, the price of the goods purchased, the costs shipping and any additional ancillary charges, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
4.2. When Polo Est snc receives the order from the Purchaser, it sends a confirmation e-mail or displays a web page confirming and summarizing the order, printable, which also contains the data recalled in the previous point.
4.3. The contract is not considered completed and effective between the parties in default of what is indicated in the previous point.

5. Methods of payment and reimbursement

5.1. Each payment by the Purchaser may only be made by means of one of the methods indicated on the appropriate web page by Polo Est snc.
5.2. Any reimbursement to the Purchaser will be credited through one of the methods proposed by Polo Est snc and chosen by the Purchaser, in a timely manner and, in case of exercise of the right of withdrawal, as governed by clause 13, point 2 and following of this contract, at the latest within 30 days from the date on which Polo Est snc became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of Polo Est snc, protected by an encryption system. Polo Est snc guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
5.4 If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and that you authorize this transfer.

6. Delivery times and methods

6.1. The waiting times for the goods (indicated below the price of the product) are intended as working days, i.e. from Monday to Friday. Therefore holidays, bridges or any strikes may cause delays in delivery.
6.2. Shipping times may vary from the day of the order to a maximum of working days from confirmation of the same. In the event that Polo Est snc is unable to carry out the shipment within said term but, in any case, within that indicated in the following point, the Purchaser will be promptly notified by e-mail.
6.3. Shipping methods, times and costs are indicated in the product sheet and/or in the cart.
6.4. The waiting times in the product sheets indicate the time in which this product is processed; to these must be added about 3/4 days for delivery to the location indicated by you.
6.5. We specify that the productions and deliveries scheduled in the periods prior to the Christmas holidays or the summer holidays could suffer substantial delays connected to the contingency of the period (even a minimum unexpected delay before a closing period such as the Christmas holidays or the August closure can cause the postponement of the delivery to the reopening of January and September)
6.6. Delivery to the Floor requires 15 days more than the Delivery times indicated in the product sheet.
6.7. We advise you to communicate a telephone number at which you must always be available in the three/four days following shipment, in order to receive the courier and avoid unnecessary inventories. Any deliveries with porterage not agreed at the time of the order will cause storage. Storage costs must be paid by bank transfer directly to ProgettoSedia.
6.8. If the consumer believes that any anomaly found could be a production defect or transport damage, he must promptly report it to Customer Service. Reports on the External Condition of the Packages must be made on the day of the Unloading of the Supply or at the latest the following morning to the customer service; reports on the integrity of the items after the opening of the packaging must be made within 48 hours of unloading.

6.9 Should the consumer believe that any anomaly found could be a Production Defect, he must promptly notify ProgettoSedia; but if after careful verification by the manufacturing company, the same does not consider the aforementioned anomaly to be a production defect, ProgettoSedia is not required to refund or replace the goods

7. Prices

7.1. All sales prices of the products displayed and indicated on the website www.progettosedia.com/catalogo are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (for example: customs clearance), if any, while not included in the purchase price, must be indicated and calculated in the purchase procedure before forwarding the order by the buyer and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.

8. Availability of products

8.1. Polo Est snc, ensures the processing and fulfillment of orders without delay through the telematic system used. For this purpose it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
8.2. Should an order exceed the quantity existing in the warehouse, Polo Est snc will inform the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The IT system of Polo Est snc confirms the order registration as soon as possible by sending the user a confirmation by e-mail, pursuant to point 4.2.

9. Limitations of Liability

9.1. Polo Est snc assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract.
9.2. Polo Est snc cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers.
9.3 . Furthermore, Polo Est snc will not be responsible for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, as the Purchaser has the right only to the full refund of the price paid and any ancillary charges incurred.
9.4. Polo Est snc assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves that it has adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by Polo Est snc.

10. Liability for defects, proof of damage and recoverable damages: the obligations of Polo Est snc

10.1. Pursuant to articles 114 et seq. of the Consumer Code, Polo Est snc is responsible for the damage caused by defects in the goods sold if it fails to inform the injured party, within three months of the request, of the identity and domicile of the manufacturer or of the person who supplied him with the good.
10.2. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer for viewing the product, if it still exists.
10.3. Polo Est snc cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the defect in the product and of the resulting danger and nevertheless voluntarily exposed himself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

11. Guarantees and assistance methods

11.1. Polo Est snc is liable for any lack of conformity that occurs within two years of delivery of the goods. 11.2. For the purposes of this contract, it is assumed that the consumer goods comply with the contract if, where pertinent, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description given by the seller and possess the qualities of the good that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, especially in advertising or on labelling; d) they are also suitable for the particular use desired by the consumer and which he brought to the attention of the seller at the time of conclusion of the contract and which the seller accepted also for conclusive facts.
11.3. The Purchaser forfeits all rights if he does not report the lack of conformity to the seller within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is presumed that the lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect compliance.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for Polo Est snc pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with acknowledgment of receipt or by certified e-mail, to Polo Est snc, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if Polo Est snc has accepted the Purchaser's request, it must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, either Polo Est snc has not repaired or replaced the goods within the term referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Purchaser, the latter may request, at his choice, an appropriate reduction of the price or the termination of the contract. In this case, the Purchaser must send his request to Polo Est snc, which will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt.
11.8 . In the same communication, if Polo Est snc has accepted the Purchaser's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the Purchaser's responsibility to indicate the methods for re-crediting the sums previously paid to Polo Est snc.
11.9. In the event that the material is damaged due to transport or presents manufacturing defects, Polo Est snc undertakes to replace the material under warranty without charging any other expense. To exercise this right, it is necessary to send a written communication to Polo Est snc by email to assistenza@progettosedia.com within 5 days from the date of receipt of the goods, indicating the references to the order, the defective item and details of the defect found. The Customer Service will communicate the return number and the details for the courier's collection. The costs for returning the goods are borne by Polo Est snc. and returns are not accepted under any circumstances with cash on delivery or without a return number.

12. Buyer's obligations

12.1. The Purchaser undertakes to pay the price of the goods purchased in the times and ways indicated in the contract.
12.2. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep this contract.
12.3. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.

13. Right of withdrawal

13.1. In any case, the Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the professional has not fulfilled the information obligations on the existence, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day the goods are received by the consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with acknowledgment of receipt or by e-mail.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. To be entitled to a full refund of the price paid, the consumer must return the goods by courier appointed by the consumer. The goods must be returned intact, in the original packaging carefully sealed and complete in all its parts (including packaging, internal protections, external protections, wooden pallets and any documentation and accessory equipment: manuals, assembly equipment, etc.) to Progettosedia via courier appointed by the customer. The law applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product (e.g. seats or table tops). The customer is responsible for the integrity of the goods until they return to our warehouse and it is ascertained by our staff that the goods are in perfect condition. The shipping costs relating to the return of the goods are charged to the Customer and cannot be reversed from the credit relating to the return. In the event of damage to the goods during the return transport, Progettosedia will notify the customer of the incident (within 8 working days of receiving the goods in its warehouses), to allow him to promptly file a complaint against the courier of his choice and obtain the reimbursement of the value of the asset (if insured); in this case the product will be made available to the customer for its return (which will be charged to the customer) and at the same time cancel the request for withdrawal and therefore its refund. Progettosedia is not liable in any way for damage or theft/loss of goods returned by shipments not insured by the Customer. Upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original package and/or packaging is excessively damaged, Progettosedia will deduct the costs incurred for restoring them from the refund due. The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods, in cases where Progettosedia ascertains:
a) the use is not of the good that has compromised its integrity or the use of any consumables;
b) the lack of the external packaging and/or of the original internal packaging;
c) the absence of integral elements of the product (accessories, screws, etc ...);
d) damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the goods will remain at the Progettosedia headquarters available to the Customer for collection at his expense.
13.5. The Purchaser cannot exercise this right of withdrawal for products that have been opened and used by the Purchaser.
13.6. The right of withdrawal cannot be exercised in the case of purchases of customized products according to the indications requested by the Customer and for which finishes of sample colors or fabrics chosen or sent by the same have been made and for products ordered following a request for customization of the order through the PROGETTOSEDIA staff with negotiation via e-mail or telephone.
13.7. The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to Polo Est snc, unless Polo Est snc does not agree to bear them.
13.8.Polo Est snc will refund the refund free of charge within 30 (thirty) days of receipt of the notice of withdrawal and delivery of the goods, withholding only the amount of the relative shipping costs upon delivery of the goods, additional services and any cash on delivery costs incurred for the delivery of the goods to the Customer and indicated on the accompanying invoice. The customer exercising the right of withdrawal:
a) on a single product whose value has allowed the activation of the Free Shipping promotion within a larger supply, the promotion will no longer be applicable; in this case the shipping costs of the order will be charged to the consumer as per the tariff and therefore deducted from the refund due
b) on an order whose total value allowed the activation of the Free Shipping promotion the promotion will no longer be applicable; in this case the shipping costs of the order will be charged to the consumer as per the tariff and therefore deducted from the refund due.
13.9. With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.
ATTENTION: IN THE OUTLET SECTION IT IS NOT POSSIBLE TO EXERCISE THE RIGHT OF WITHDRAWAL ON THE CHOSEN ITEMS.

14. Reasons for termination

14.1. The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of successful completion of the payment that the Purchaser makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by Polo Est snc in point 6, are of an essential nature, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to article 1456 of the civil code, without the need for a judicial decision.

15. Protection of confidentiality and treatment of the Buyer's data

15.1. Polo Est snc protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 1961. 1 General provision of the Guarantor for the protection of personal data Simplifications of certain obligations in the public and private sphere with respect to treatments for administrative and accounting purposes of 19 June 2008, published in the Official Gazette 1 July 2008, n. 152. 2 General provision of the Guarantor for the protection of personal data Practical guide of simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal of 21 June 2007, n. 142.
15.2. The personal and fiscal data acquired directly and/or through third parties by Polo Est snc, data controller, are collected and processed in paper, IT and telematic form, in relation to the treatment methods, with the aim of registering the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best perform the requested service (art. 24, paragraph 1, letter b), Legislative Decree 196/2003)22.
15.3. Polo Est snc undertakes to treat the data and information transmitted by the Purchaser confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only upon request by the judicial authority or by other authorities authorized by law.
15.4. Personal data will be disclosed, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/2003, ie the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser's request cannot be processed.
15.7. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way.
15.8. The owner of the collection and processing of personal data is Polo Est snc, to whom the buyer can address any request at the company headquarters3.
15.9. Anything sent to the postal address (also electronic) of Polo Est snc (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information , not harmful to the rights of others and truthful, in any case no responsibility can be attributed to Polo Est snc for the content of the messages themselves.

16. How to archive the contract

16.1. Pursuant to art. 12 of Legislative Decree 70/2003, Polo Est snc informs the Purchaser that each order sent is stored in digital/paper form on the server/at the headquarters of Polo Est snc itself, according to criteria of confidentiality and security.

17. Communications and complaints

17.1. Written communications addressed to Polo Est snc and any complaints will be considered valid only if sent to the headquarters in Cadoneghe (PD) via Fiorita, 1C, or sent by e-mail to the following address info@progettosedia.com
The In the registration form, the Buyer indicates his residence or domicile, the telephone number or e-mail address to which he wishes communications from Polo Est snc to be sent.

18. Settlement of disputes

18.1. All disputes arising from this contract will be devolved to an attempt at conciliation with the mediation body of the Chamber of Commerce of Padua and resolved according to the conciliation regulation adopted by the same.
18.2. If the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of Padua pursuant to art. 33, paragraph 2, letter u) of the Italian Civil Code cons.

19. Applicable law and referral

19.1. This contract is regulated by the Italian law.
19.2. Although not expressly provided herein, the provisions of the law applicable to the relationships and cases provided for in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
19.3 Pursuant to art. 60 code cons., the discipline contained in Part III, Title III, Chapter I of the cod. is expressly referred to here. cons.

Final clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the object of this contract.

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