General Conditions of sale

Ceramica Flaminia S.p.A., owner of brand "Flaminia Home", invites all users to read these General Terms and Conditions of Sale that govern all product sales made via website www.flaminiahome.com (hereinafter the "website") owned by Ceramica Flaminia S.p.A., with registered office in via Flaminia km 54,630 in Civita Castellana (VT), tax code/VAT no. 00061720561.

These General Terms and Conditions of Sale apply solely to products purchased via the website and may be changed at any time by Ceramica Flaminia S.p.A. with effect as of the date of publication in the website. These General Terms and Conditions of Sale must be considered an integral and substantial part of the sales contract.

Before purchasing, the purchaser is required to read these General Terms and Conditions of Sale, which will be construed as having been unequivocally accepted at the time of purchasing.

The website complies with the regulations on distance contracts set out in arts. 49 et seq. of Legislative Decree no. 206 of 6 September 2005 (the so-called “Consumer Code”), as well as those on electronic commerce laid down in Legislative Decree no. 70 of 9 April 2003.

 

1      DEFINITIONS

1.1  For purposes of these General Terms and Conditions of Sale, the following definitions shall apply:

-   " Sales contract ": the sales contract relating to tangible movable goods marketed via website www.flaminiahome.com and concluded between Ceramica Flaminia S.p.A. and the Consumer through a distance sales system organised by Ceramica Flaminia S.p.A. through its Internet site.

-   "Customer" shall mean a consumer who is a natural person over 18 years of age (or, if a minor, authorised by a parent), or a legal person making a purchase under this contract for purposes not related to any commercial or entrepreneurial activity carried out by them.

1.2  For purposes of these General Terms and Conditions of Sale, the Customer and Ceramica Flaminia S.p.A. are individually and jointly referred to as the “Party” or the “Parties”, respectively.

 

2      PURPOSE

2.1  These General Terms and Conditions of Sale govern the proposal, the submission and the acceptance of purchase orders via the website. With this sales contract Ceramica Flaminia S.p.A. sells and the Customer purchases at a distance the tangible movable goods (products) described and offered for sale on the website. The Customer can select one or more products from among the different categories available, which are illustrated on the site and described in the relative technical information sheets; the image accompanying a product may not be perfectly representative of its characteristics as it may differ in colour, size and accessory items.

2.2  Every order placed via the website entails the signing of a purchase and sales contract.

2.3  These General Terms and Conditions of Sale do not regulate the sale of products or provision of services by third parties placing direct links to the www.flaminiahome.com website via banners or other hyperlinks/links. Ceramica Flaminia S.p.A. shall not, under any circumstances, be held responsible for the provision of services promised by third parties or for the performance of e-commerce transactions between Customers of www.flaminiahome.com and third parties.

 

3      ENTERING INTO A CONTRACT AND ACCEPTING AN ORDER

3.1  For the purposes of entering into a contract, the Customer declares that they have full capacity to act and to enter into a contract for the purchase of products from the website pursuant to these General Terms and Conditions of Sale. Ceramica Flaminia S.p.A. shall not, in any event, be responsible for verifying the capacity to act of website users and customers, while reserving the right not to fill orders from persons that do not have the capacity to enter into binding contracts.

3.2   Ceramica Flaminia S.p.A. reserves the right not to process orders received from users who have not followed the required online procedure as well as any order that does not comply with the provisions set out in these General Terms and Conditions of Sale.

3.3  To place an order, the Customer must follow the procedure detailed below (in Italian and English), which Ceramica Flaminia S.p.A. has the right to rectify, amend or cancel until the order is sent in:

• upon accessing the website www.flaminiahome.com, select and add the desired products to the shopping cart. Once they have selected all the items they want to purchase, Customers can close the shopping cart and compile the next page by entering and checking the information required in each step of the process (i.e., “Customer Data”, “Payment Method”, etc.). At the end, by clicking the "Place Order" button, the Customer electronically sends the electronic purchase order to Ceramica Flaminia S.p.A. with all the required and necessary personal data. A Customer can change the order details prior to making the payment; the order page contains information on the main characteristics of each product ordered; its price and any taxes due; a summary of the data entered by the customer; type of payment chosen for the purchase; the conditions and the charges, if any, for delivery and transport of the products;
• before the order is sent in, the Customer is asked to accept these General Terms and Conditions of Sale and to consent to the processing of their personal data by ticking the relevant confirmation box, and to identify and rectify any errors that may have occurred when filling in the fields (on the check-out page). It is therefore recommended to read the general terms and conditions of sale and purchase carefully before placing the order;
• by clicking the "Place Order" button, the Customer submits a binding order for the products contained in the virtual shopping cart, which entails an obligation on the part of the Customer to pay the price and any other amount due pursuant to these General Terms and Conditions of Sale;

§  reception of the order is confirmed by Flaminia Home by sending a summary e-mail to the e-mail address indicated by the Customer with all the detailed information contained in the order. This e-mail is generated by the system automatically and cannot be construed as acceptance of the order per se, but only as confirmation of receipt thereof. This confirmation message bears the “Date and Time” of order fulfilment and a “Customer Order Number” to be used in all further communications with Flaminia Home. The message also shows all the data entered by the Customer who undertakes to review the data for accuracy and to communicate any corrections forthwith, according to the modalities indicated in the email. An order that has been received correctly can be viewed by the Customer, once the Customer has logged into the reserved area, by pressing the "Access" button, located at the top right of each web page of the site.

§  In case of non-acceptance of the order Ceramica Flaminia S.p.A. will promptly notify the Customer.

3.4  The contract entered into between Ceramica Flaminia S.p.A. and the Customer shall be deemed concluded with the acceptance of the order, or part thereof, by Ceramica Flaminia S.p.A. Such acceptance shall be deemed tacit unless otherwise communicated to the Customer in any manner. By placing an order according to the various modalities envisaged, the Customer declares that they have read all the information provided to them during the purchase procedure, and that they fully accept the General Terms and Conditions of Sale and Payment.

3.5  No contract can be considered to have been concluded if evident and recognisable errors have been made or inaccuracies are present in the purchase order compilation procedure for reasons attributable to either the Customer or Ceramica Flaminia S.p.A., such as, for instance, errors or inaccuracies in the Customer data entered (including the address specified for delivery) or in the identification and/or the selection of the products and/or the relative quantities and/or the relative prices. Ceramica Flaminia S.p.A. will not be responsible if the e-mail address entered is not valid, and/or if the order confirmation e-mail has not been received for reasons not directly attributable to Ceramica Flaminia S.p.A.

3.6  Once an order has been accepted and confirmed by Ceramica Flaminia S.p.A., the Customer is required to make the relative payment, unless they have already made it.

3.7  At this point, Ceramica Flaminia S.p.A. shall send the Customer an e-mail indicating that the goods have been dispatched and during the following 24 hours the Customer will receive an e-mail from the courier with a tracking link for the shipment. Ceramica Flaminia S.p.A. recommends the Customer to save such electronic communications on paper or electronic files.

3.8  Ceramica Flaminia S.p.A. reserves the right not to take charge of, suspend, cancel or refuse to fill an order, irrespective of the nature and progress of the order, in the following circumstances:

a.     non-payment or partial payment of any amount owed by the Customer;

b.     in the event of fraud or attempted fraud relating to the use of the site, also in connection with earlier orders;

c.     orders are incomplete or incorrect, or the products requested are no longer available;

d.     in the content of the order (price, quantity, description of the products as shown on the site), it is evident that a recognisable error has occurred pursuant to article 1431 of the Italian Civil Code, for example the purchase of a product at a price other than market prices, illegitimate or repeated use of a discount already enjoyed and no longer usable, etc;

e.     a situation is manifestly contrary to Ceramica Flaminia S.p.A. or the Customer’s intention to proceed with the order.

In such circumstances, the Customer shall be promptly informed by e-mail (no later than within 30 days) that the contract cannot be performed and that the purchase order will be cancelled, specifying the reasons thereof. If the Customer has already paid the price of the products provided for in the unprocessed order, article 6.2 below shall apply.

3.9    In accordance with art. 12 of Legislative Decree 70/2003, Ceramica Flaminia S.p.A. informs the Customer that every order sent is stored in a paper or digital file at its premises, according to criteria of confidentiality and security; the Customer can request a copy from Ceramica Flaminia S.p.A. at any time.

 

4      METHODS OF PAYMENT

4.1  Payments by the Customer can be made exclusively by one of the methods specified on the website, i.e., by:

-       PAYPAL, a website that allows the customer to open for free a personal account backed by an existing “account” in the Customer's name, which can be (i) a current account, (ii) a credit card or (iii) a prepaid card, and which enables them to make and receive payments online;

-       CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS, POSTEPAY) on the PayPal circuit

-       BANK TRANSFER.

It should be noted that any bank charges and costs associated with the transaction shall be borne exclusively by the Customer, even in the event of a refund.

4.2  Communications regarding a payment and the data communicated by the Customer when the payment is made take place via special protected lines and with all the guarantees arising from the use of the security protocols provided by the payment circuits, over which Ceramica Flaminia S.p.A. has no control or responsibility.

4.3  All orders, before they can be processed, undergo authenticity checks carried out directly by the relevant credit card issuing institute, to protect the Customer. If the credit card cannot be debited by fact and fault of the Customer, the sale shall be terminated pursuant to article 1456 of the Italian Civil Code. The Customer shall be promptly informed by e-mail.

4.4  If a product is found to be unavailable after the order confirmation, and in any case of cancellation of an order already paid for, Ceramica Flaminia S.p.A. shall refund the amount of the transaction to the Customer.

4.5  Invoices shall always be issued and sent exclusively in electronic format. Once an invoice has been issued, no changes can be made to the data on the invoice.

 

 

5      PRICES

5.1  Unless there is an obvious error, the Customer is required to pay the price shown on the product page in force at the time of the order. In case of an error on the part of Ceramica Flaminia S.p.A., the Company shall inform the Customer as soon as possible and shall allow the order to be either confirmed at the correct price or cancelled. In no case shall Ceramica Flaminia S.p.A. be under an obligation to supply the product(s) sold at the lower price erroneously indicated.

5.2  The price indicated is final and inclusive of VAT (where applicable) and includes shipping costs, save for certain specific cases. Shipping costs, where applicable, shall be specified before dispatching the product(s), in the checkout phase, and before the payment is made (on the "check-out" page), so as to provide the Customer with a clear breakdown of the costs before the Customer completes the purchase order and thereby commit themselves to pay. It remains understood that the placing of an order determines express acceptance by the Customer of these General Terms and Conditions of Sale and, consequently, express acceptance of any shipping costs as quantified at the time of the order summary and before the order is completed.

5.3  Ceramica Flaminia S.p.A. can change the sales prices of its products at any time and can correct any price errors that may inadvertently occur. Price changes shall not affect orders already accepted by Ceramica Flaminia S.p.A.  In case of a price error, the Customer shall be informed and shall have the right to decide whther to continue the transaction at the correct price or cancel the order at no cost. 

5.4   The prices of the products offered for sale on the website apply solely to products sold on-line and may differ from the retail prices applied at Ceramica Flaminia S.p.A. sales outlets. 

 

6      PRODUCT AVAILABILITY

6.1  Product availability refers to actual availability at the time the Customer views the product pages published on the website, where the unavailability, even temporary, of individual products or product variants (finish, colour, etc.) may be stated. Product availability shown on the page shall in any case be considered purely indicative due to possible failure to update, in real time, the actual stocks of the products at the time of purchase. Ceramica Flaminia S.p.A. shall not be in any way responsible for the temporary or permanent unavailability of one or more products.

6.2  In case of unavailability (even temporary) of the product(s) requested, Ceramica Flaminia S.p.A. undertakes not to charge the relative price to the Customer. If the order has already been transmitted (and possibly the order confirmation e-mail by Ceramica Flaminia S.p.A. has also been sent) and the price has already been paid for the articles that are no longer available, Ceramica Flaminia S.p.A. will refund the amount paid for those articles to the Customer, informing them promptly by a written communication or via e-mail. As an alternative, the Customer may choose to accept a different article in lieu of the one agreed on. If the article chosen comes at a lower price, Ceramica Flaminia S.p.A. shall refund the difference.

6.3  The choice of colour for a product depends exclusively on the wishes and personal preferences of the Customer, as confirmed at the time the payment is made. Ceramica Flaminia S.p.A. guarantees the correspondence of the chosen colour to the colour code expressly indicated on the website.

 

7      DELIVERY METHODS

7.1  Ceramica Flaminia S.p.A. shall deliver the products purchased by the Customer by courier to the address specified by the Customer when placing the order and confirmed in the summary e-mail.

7.2  Ceramica Flaminia S.p.A. undertakes to deliver the products in the time stated on the product page and, in any case, within 30 days of receipt of the purchase order. Ceramica Flaminia S.p.A. shall not be held responsible in any way towards the Customer for any delays attributable to the fault of the carrier.

7.3  The goods dispatched shall always be checked in their integrity prior to handing them over to the forwarding agent. The Customer, or the addressee of the purchase order, is invited to check the conditions of the packaging and the products upon delivery and to report any damage or anomalies by sending an e-mail to "info @flaminiahome.com", accompanied by photos showing the damage, no later than 5 (five) days of the date of delivery. If Customers fail to comply with the said terms and conditions, they forfeit all remedies for a nonconformity in the product.

7.4  The goods ordered depend solely on the free choice of the Customer. If the goods are refused at the time of delivery without just and proven cause (e.g., damaged packaging), Ceramica Flaminia S.p.A. shall charge a management fee of 60 euros to cover dispatch and return transport costs to the Customer.

7.5  Deliveries are made to destinations in Italy and throughout Europe to the delivery address specified in the order. We do not deliver goods to countries outside Europe.

 

8      RESPONSIBILITY

8.1  Ceramica Flaminia S.p.A. shall not be liable for any breach of these General Terms and Conditions of Sale, even the breach was foreseeable or due to disservices, and is attributable to the action of a third party, the fault or wilful misconduct of the Customer, the occurrence of force majeure or fortuitous events (e.g., by way of example, including but not limited to, strikes, riots, wars, etc.) or to any other event that is not reasonably attributable to Ceramica Flaminia S.p.A., even in the case of a purchase by a Consumer lacking the capacity to act.

8.2  Ceramica Flaminia S.p.A. assumes no liability for malfunctions and/or inefficiencies of the Internet network resulting in its inability to fill the order within the contractual timeframe. Furthermore, Ceramica Flaminia S.p.A. assumes no liability for technical faults - including system malfunctions or website bugs - that may affect the normal operation of the site and/or cause obvious and recognizable errors in the various functions offered by the website.

8.3  Ceramica Flaminia S.p.A. shall not be liable for any damages, losses or costs suffered by the Customer as a result of non-performance of the contract for reasons not attributable to Ceramica Flaminia S.p.A., unless they were due to an act or an omission by Ceramica Flaminia S.p.A., the Customer being entitled solely to the full refund of the price paid and additional charges incurred.

8.4  Ceramica Flaminia S.p.A. shall not be held responsible for information, data and any technical or other inaccuracies that may be contained in the site, when the information has been communicated by third parties and has been verified by Ceramica Flaminia S.p.A. pursuant to ordinary diligence criteria.

8.5  Ceramica Flaminia S.p.A. shall not be liable for any fraudulent or unlawful use made by third parties of credit cards, cheques and other means of payment to pay for products purchased, if it can prove that it has taken all possible precautions based on the best knowledge and experience available at the time and pursuant to ordinary diligence.

8.6  It is pointed out that the visual rendering of the colour may vary in relation to various factors (e.g., type of screen used in making the choice and/or brightness of the same. etc.) and, therefore, Ceramica Flaminia S.p.A. shall not be held responsible if the colour, albeit conforming to the selected colour code, does not meet the Customer's expectations from the visual standpoint.

 

9      RIGHT OF WITHDRAWAL

9.1   Pursuant to the provisions set out in the Consumer Code (Legislative Decree No. 206/2005), a customer-consumer (hereinafter also referred to as the "Consumer") has the right to withdraw from the sales contract, without giving any reason, within 14 (fourteen) days of the date on which the Customer (or an authorised representative of the latter) takes physical possession of the product.

9.2   In the case of a contract for several products ordered by the Customer with a single order, the withdrawal may apply to all the products (Total withdrawal) or to only some of the products ordered (Partial withdrawal) by the Customer Consumer via the website. The withdrawal period expires after 14 (fourteen) days of the day on which the Customer or a third party - other than the forwarder - designated by the Customer, takes physical possession of the Product(s) (hereinafter, the "Withdrawal Period"). If the goods are delivered separately, the period of 14 (fourteen) days starts on the day the Customer or a third party - other than the forwarder - designated by the Customer takes physical possession of the last item.

9.3   The right of withdrawal is exercised by sending - before the expiry of the 14-day Withdrawal Period as indicated above - an explicit communication to Ceramica Flaminia S.p.A. with all the necessary information (hereinafter "Communication of Withdrawal"), which can be sent by e-mail to the address "info@flaminiahome.com".  

9.4   The Notice of Withdrawal shall clearly specify the Customer’s intention to return a product or to cancel an order. To this end, the Customer may use the standard withdrawal form provided for in Annex I Part B to Legislative Decree No. 206 of 6 September 2005, with the following text:

"I, the undersigned _______________, hereby give notice of withdrawal from the purchase contract of the following goods: [enter a description of the goods to be returned], ordered on _________ (or received on __________), order number____________.  

-       Customer's Name, Surname, Address

-       IBAN code or PayPal reference to be credited.

9.5   Upon receipt of the Communication of Withdrawal, Ceramica Flaminia S.p.A. shall send the Customer an e-mail confirming the withdrawal exercised by the latter and the address to which the products must be returned.

9.6   Within 14 (fourteen) days of the date of the Communication of Withdrawal being sent, the Customer shall send the product(s) carefully packaged, at their care and expense, to the address specified by Ceramica Flaminia S.p.A., with, stated inside the package, the order code communicated in the order summary / confirmation / shipment e-mail, and in the withdrawal confirmation e-mail.  

9.7     The product shall be returned by the Customer:

-       Undamaged and in a normal state of preservation, in the original packaging, complete in all its parts, not ruined, damaged or soiled, and equipped with all accessories and the instructions for use and documentation, as applicable; If the original packaging has been lost, the Customer shall replace, at their care and expense, so that the products can be returned to Ceramica Flaminia S.p.A.;

-       Without obvious signs of use, other than those compatible with normal testing of the article (the products shall not bear any traces of prolonged use or in any case of use exceeding the time it takes to test them, and shall not be in such a state as to make them unsuitable for resale).

If the returned product is seen to be damaged or worn and/or if the packaging used was not suitable to preserve the structural and/or functional integrity of the product, the withdrawal shall not be considered effective.

9.8     If the right of withdrawal has been correctly exercised (pursuant to articles 52 et seq.), Ceramica Flaminia S.p.A. shall refund the price paid by the Customer - including any charges paid for delivery, except for the costs incurred in returning the goods, which are to be borne by the Customer - without undue delay and in any case no later than within 14 (fourteen) days of the day on which it was informed by the Customer of the decision to exercise the right of withdrawal. Ceramica Flaminia S.p.A. may withhold the refund until it has received the product(s) or until the Consumer proves that they have returned the product(s).

9.9     Refunds will be made exclusively via the method of payment used by the Customer at the time of purchase. Under no circumstances and for no reason may refunds be accepted and made on different payment methods and/or in the name of parties other than those named at the time of purchase.

9.10  Ceramica Flaminia S.p.A. shall not be liable for any loss of, or damage to, the product(s) attributable to the Customer or to third parties that occur after delivery of the product(s), even if the Customer has exercised the right of withdrawal.

 

 

10   LEGAL GUARANTEE OF CONFORMITY

10.1   Ceramica Flaminia S.p.A. sells high quality products. We remind you in any case that a legal guarantee of conformity for the goods is provided to protect the Customer acting as a Consumer.

10.2   Consumers have the right to make use of the legal guarantee provided for by the Consumer Code (arts. 128 to 135), which gives Consumer the rights to obtain from the Seller free of charge the repair or replacement of products with a conformity defect within 24 months of the date of delivery. The defect must be reported by the Consumer within 2 months of the discovery thereof.  

10.3   By virtue of the aforementioned legal warranty, Ceramica Flaminia S.p.A. is responsible for conformity defects that are detected in a product within 2 (two) years of its delivery. After the said term, Ceramica Flaminia S.p.A. shall not be liable for conformity defects found by the Consumer. If a product is replaced or repaired, the term of the guarantee for the product supplied as a replacement or arising from the repair shall be the same as for the original product. Accordingly, the overall two-year period of the legal guarantee begins to run upon the delivery of the original product.

10.4   If there is a conformity defect, the Consumer may request, alternatively and free of charge, the repair or replacement of the goods, under the conditions indicated below. Ceramica Flaminia S.p.A. may refuse to provide this remedy only if repair and replacement are impossible or if the costs thereof are objectively disproportionate, account duly taken of the circumstances of the case.

10.5   In order to take advantage of the warranty, the Customer must submit a motivated request for repair or replacement of the product to Ceramica Flaminia S.p.A. via e-mail at "info@flaminiahome.com". Ceramica Flaminia S.p.A. shall communicate its willingness to fulfil the request, or the reasons that prevent it from doing so, within ten working days of receipt of the request.

10.6   The Customer may request a reduction in the purchase price or the termination of this agreement only in the following circumstances:

a.   Ceramica Flaminia S.p.A. has not completed the repair or replacement requested or, where applicable, has not completed the repair or replacement within a reasonable period of time in relation to the nature of the product, in any case not to exceed thirty days from the time Ceramica Flaminia S.p.A. was informed by the Customer of the conformity defect; or Ceramica Flaminia S.p.A. has refused to restore the conformity of the products;

b.  a conformity defect remains even though Ceramica Flaminia S.p.a. attempted to restore the conformity of the product(s);

c.   the Customer can prove that the conformity defect is so severe as to justify an immediate price reduction or termination of the sales contract;

d.  Ceramica Flaminia S.p.A. has stated, or the circumstances clearly show, that it is not able to restore or replace the product(s) within a reasonable period of time in relation to the nature of the product, in any case not to exceed thirty days, or with no major inconvenience to the Customer.

If the Customer's request is accepted by Ceramica Flaminia S.p.A., the latter shall indicate in a specific communication the proposed price reduction or the method of returning the defective goods following the termination of the contract. In the latter case, Ceramica Flaminia S.p.A. shall re-credit the amount paid by the Customer exclusively via the method used by the latter for payment.

10.7   It remains understood that the Customer does not have the right to terminate the contract if Ceramica Flaminia S.p.A. can prove that the conformity defect in the product is of minor importance.

10.8   Ceramica Flaminia S.p.A. guarantees product conformity according to the regulations in force at the time of the purchase order confirmation. The Customer acknowledges and agrees that Ceramica Flaminia S.p.A. makes no warranty and assumes no responsibility for product conformity pursuant to regulations that come into force after the order confirmation by the Customer.

 

11   OBLIGATIONS OF THE CUSTOMER

11.1    The Customer undertakes to pay the price of the purchased goods at the time and according to the modalities specified in these General Terms and Conditions of Sale.

11.2    The Customer has sole responsibility for the correctness of the data entered in the purchase procedure and undertakes not to enter false, and/or invented, and/or fictitious data.

11.3    The Customer expressly undertakes to hold Ceramica Flaminia S.p.a. harmless from any liability arising from the issuing of incorrect tax documents due to inaccurate data provided by the Customer.

 

12   INTELLECTUAL PROPERTY RIGHTS

12.1   The "Flaminia Home" trademark, as well as all figurative and non-figurative trademarks and, more generally, any other trademark, illustration, image and logo present in the "www.flaminiahome.com" website are the exclusive property of Ceramica Flaminia S.p.A. and/or of the respective owners of the intellectual property rights and/or copyright on such items. 

In particular:

a)     the Customer expressly acknowledges and agrees that: (i) all Intellectual Property Rights owned by the Seller (or licensed to the latter) are and shall remain the exclusive property of the Seller (or its licensors), (ii) the Customer shall not acquire any rights in the Seller's (or its licensors') Intellectual Property Rights through the contract.

b)    For the purposes of these General Terms and Conditions, the term "Intellectual Property Rights" means any industrial and intellectual property rights relating to: (i) patents for inventions and/or models (ii) trademarks, (iii) Internet domain names, (iv) designs, (v) software, and (vi) trade secrets, technical or commercial information, know-how.

12.2   Total or partial reproduction, alteration, tampering with or use of the trademarks, illustrations, images and logos present in the site, for any reason and on any medium, are absolutely forbidden without the express written authorisation of Ceramica Flaminia S.p.A. and/or the respective owners of the intellectual property rights and/or copyright.

 

13   PRIVACY

13.1 The personal data communicated by the Customer to Ceramica Flaminia S.p.A. for the purposes of contract performance shall be processed in accordance with European Regulation 679/2016 (GDPR) and Italian Legislative Decree no. 196/2003. Such data may be included in databases, computer archives and telecommunication systems only for purposes relating to this contract.

13.2 For information about the processing by Ceramica Flaminia S.p.A. of the personal data of the Customer, and possibly of the purchase order addressee, please consult the complete Policy via the following link: https://flaminiahome.com/en/privacy-policy-en

 

 

13.3 The data subject may at any time exercise the rights set out in articles 15 to 22 of the GDPR by sending a written notice to the e-mail “privacy@ceramicaflaminia.it”.

 

14    MODEL 231 AND CODE OF ETHICS

14.1 Ceramica Flaminia S.p.A. has approved and implemented an "Organisational, Management and Control Model" as per Legislative Decree 231/0 and has adopted a Code of Ethics available at https://flaminiahome.com/en/ethical-code which sets out the principles that Ceramica Flaminia S.p.A. is inspired by and the Customer declares to have read and understood.

14.2 The Customer declares they are aware of and comply with the regulations governing the administrative liability of companies pursuant to Legislative Decree No. 231/01, and acknowledge that any breach of the provisions set out in Legislative Decree No. 231 shall be sanctioned, as a function of the seriousness of the breach, with the sanctions of a notice, the imposition of a penalty, termination of the contractual relationship.

 

 

15     GOVERNING LAW AND DISPUTES

15.1 Contractual relationships between the Parties and these General Terms and Conditions of Sale are governed by Italian law, and, in particular, by the Consumer Code – which, in arts. 46 to 67 regulates distance contracts -, and by Legislative Decree 70/2003 on electronic commerce, and shall be interpreted in the light thereof.

15.2 Any dispute that may arise between the Parties concerning the validity, interpretation or performance of these General Terms and Conditions of Sale shall be settled under the jurisdiction of the Italian courts. Without prejudice to the provisions of article 66-bis of the Consumer Code and, in any event, if a Customer cannot qualify as a Consumer, the Court of Viterbo shall have exclusive jurisdiction over the settlement of disputes arising between the Parties.

15.3 For out-of-court settlement of disputes arising in connection with consumer contracts governed by the provisions of Sections I to IV of Chapter I of Title III of Part III of the Consumer Code and pertaining to these Conditions, the Customer may utilise the mediation procedures pursuant to Legislative Decree no. 28/2010, or may have recourse to Alternative Dispute Resolution (ADR) bodies through the Online Dispute Resolution (ODR) platform established and managed by the European Commission, and accessible through the following link http://ec.europa.eu/consumers/odr/. As of 15 February 2016, consumers and professionals have accesso to a new platform for the settlement of disputes, the Online Dispute Resolution (ODR) platform. Directive 2013/11/EU (transposed in Italy in August 2015) introduced a system whereby consumers can, on a voluntary basis, bring complaints against professionals before bodies offering independent, impartial, transparent, effective, rapid and fair dispute resolution procedures. The Consumer Code has therefore been amended by adding a section on out-of-court settlement of disputes between professionals and consumers. At EU level, following European Regulation 524/2013 on online consumer disputes, a dedicated ODR platform has been established and can be found at the following link http://ec.europa.eu/odr.

 

16      FINAL CLAUSE

16.1   These General Terms and Conditions of Sale supersede and replace any prior written or oral agreement, understanding or negotiations between the Parties concerning the subject matter of this contract.

16.2   These General Terms and Conditions of Sale are comprised of the entirety of the provisions set forth herein. Should one or more provisions of the General Terms and Conditions of Sale be held invalid or declared invalid by law or by a decision of a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16.3   The fact that one of the Parties does not enforce a breach of any of the obligations provided for in these General Terms and Conditions of Sale shall not be construed as a waiver of the obligation in question for the future.

16.4     Pursuant to and for the purposes of arts. 1341 and 1342 of the Italian Civil Code, the Customer declares that it expressly and fully accepts the provisions of these General Terms and Conditions of Sale with specific reference to: 3. Entering into a contract and accepting an order; 4. Methods of payment; 5. Prices; 6. Product availability; 7. Delivery methods; 8 Responsibility; 9. Right of withdrawal; 10. Legal guarantee of conformity; 11 Obligations of the Customer; 12 Intellectual property rights;14. Model 231 and Code of Ethics; 15. Governing law and disputes; 16. Final clause.