Terms of service

 

Art. 1 Definitions
Art. 2 Object
Art. 3 Formation of the sale and purchase agreement
Art. 4 Delivery
Art. 5 Payment
Art. 6 Product verification
Art. 7 Withdrawal
Art. 8 Guarantees and complaints
Art. 9 Dispute Management and Out-of-Court Settlement
Art. 10 Provisions relating to the sale of Products via the Site

These general terms and conditions of sale are intended to regulate the aspects common to sales of products made by INTERPLAN srl, which markets ceramic products under the "Ceramica Mediterranea spa" brand and/or production, to its customers via the interplan.eu and ceramicamediterranea.it websites. Unless otherwise agreed between the parties, these general terms and conditions will regulate all sales made by INTERPLAN srl, through the above-mentioned computerised channel, and are known to purchasers as they are published on the above-mentioned website and sent to customers at the time of each purchase.

 

It is expressly understood that nothing in the general terms and conditions of sale shall be construed to derogate from mandatory provisions of law, or in any case to deprive purchasers who qualify as consumers (pursuant to Legislative Decree no. 206 of 6.9.2005, c.d.
Consumer Code) of the guarantees and protections offered to them by law.

Art. 1 Definitions

The following terms, when used with a capital letter, shall, in the interpretation of these terms and conditions, have the meaning hereinafter indicated:

  1. Interplan: is a company under Italian law with its registered office in Lana, industrial zone 11,
    C.F. and VAT no. 01185940218; R.E.A.: BZ 105211, share capital of € 10,400.00. fully paid up, p.e.c.: interplan@legalmail.eu; telephone: +39 0473 565161.
  2. "Customer": means the person, consumer or professional within the meaning of Legislative Decree 206/2005, who purchases one or more Mediterranean Ceramic Products
  3. "Consumer": means the natural person who purchases one or more Products for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity he/she may perform.
  4. "Goods": means the Products that a Customer has purchased through the Site..
  5. "Products": refers to the goods, branded, or manufactured by Ceramica Mediterranea, offered for sale by Interplan srl on the Site. sul Sito.
  6. "Site": refers to the Interplan and Ceramica Mediterranea website accessible at: interplan.eu and ceramicamediterranea.it

Art. 2 Object

  1. The subject matter of any contractual relationship between Interplan srl and the Customer is the sale (as defined in articles 1470 et seq. of the Civil Code or, in the case of purchases made by Consumers, in article 45, co. 1, lett. e), Consumer Code) of Products.
  2. The provision of additional services by Interplan srl in favour of the Customer (except for the transport of Goods with delivery to the Customer's domicile, which is to be considered included, as calculated in the consideration requested, in accordance with the indications provided by the purchaser) is to be considered excluded from the price shown on the Site at the time of purchase; in particular, any form of consultancy relating to the execution of works and the carrying out of works motivating the Customer's decision to purchase Products is to be considered excluded.

Art. 3 Formation of the sale and purchase agreement

  1. The Products selected by the Customer for purchase, with specific indication of the relative cost as well as the cost of the service of transporting the same to the domicile indicated by the Customer, constitute a sales proposal by Interplan srl; the Customer may, at any time before purchase (see art. 3.b) below), interrupt the purchase process and abandon the procedure at no charge to himself.
  2. The Customer may finalise the purchase by following the steps provided for by the Site itself; in any case, before the contract is finalised, the Customer will be expressly informed that a contractual commitment towards Interplan srl is about to be entered into, with the consequent obligation to pay for the goods and the shipping cost as provided for under sub.c.

Art. 4 Delivery

  1. Before the Customer concludes a purchase, the Site will indicate, in a clear manner, what the availability of the Products the Customer is examining is, specifying whether it should expect a longer time for their delivery than provided for in Article 4.a). In particular, three distinct hypotheses may occur:
    1. the Products that can be purchased are available at the central warehouse of the proposer at the time the Customer is viewing them on the Site; or
    2. the Products are not in stock, but the proposer expects them to arrive at its premises under orders already accepted from its suppliers, or
    3. the Products are not saleable online or must be made specifically for the Customer. In such cases, the sale of Products cannot take place via the Website. The Customer is free to send a request to Interplan srl and through it to Ceramica Mediterranea spa (at shop@interplan.eu) and ask for a quote. Ceramica Mediterranea will, in any case respond to such a request, but may not be able to provide a quote (for factors beyond its control) and may therefore have its sales network contact the customer with the approval, which is already given, of Interplan srl.
  2. In the hypotheses referred to in articles 4.b.2) and 4.b.3), the delivery may not be possible within thirty days, from the moment the sale agreement becomes final for reasons beyond Interplan srl's control. In such cases, the Customer will be informed of this circumstance before making any commitment to Interplan srl and will be free to choose whether or not to proceed with the purchase, accepting a delivery period longer than that provided for by art. 61 of Legislative Decree 206/2005.
  3. Delivery is made to the destination throughout the country by specialised transporters commissioned by Interplan srl.
  4. Goods shall be unloaded at the roadside, close to the house number indicated by the Customer, at the most suitable place for unloading accessible to the means of transport, where the means of transport itself is allowed to stop. Suppose it is not possible to reach the address indicated by the Customer due to impediments or particular conditions related to access roads. I delivery shall take place at the nearest point as far as the means of transport will be able to access (porterage service up to the house number is not provided in any case). It is, therefore, the customer's responsibility to arrange transport from that point to the domicile. In any case, delivery shall be deemed to have taken place at the point and time as identified above, even if said delivery is only attempted due to the customer's unavailability to receive the goods.
  5. If the Customer is not able to take delivery of the purchased Goods within three days after the first delivery attempt, or if he intends to postpone delivery, the costs of storage shall be charged to the Customer. In any event from that time delivery has been duly offered for all legal consequences. The Customer acknowledges that delivery is by time slot and, therefore, no specific time can be agreed upon. The haulage contractor shall, on the agreed date and time slot, make a single delivery attempt. If the delivery should not take place due to the Customer's absence, or in any case for reasons attributable to him, the Goods shall be returned to the carrier's warehouse; in such cases, it shall be the Customer's responsibility to contact the carrier and agree with the latter on how to collect the material at the latter's warehouse. As an alternative to such collection, the Customer may contact Interplan to agree on a new shipment, in which case the Customer shall, prior to such new shipment, reimburse Interplan for the costs incurred by Interplan for the storage and return of the Goods. Costs and expenses will be explained to the Customer in advance so that the Customer may decide whether to request a new delivery or collect the Goods from the carrier's warehouse.
  6. As a critical activity for safeguarding the integrity of the goods transported, the unloading of Goods from the means of transport means must be carried out by the carrier and using only the latter's equipment. Interplan srl shall not be liable for any damage caused by the Customer if the Customer, personally and/or for through its auxiliaries, unload the Goods. The disposal of pallets and packaging used for delivery shall be at the full expense of the Customer.
  7. Force majeure is understood to be all those events beyond the control of Ceramica Mediterranea and/or its auxiliaries which prevent or delay the fulfilment of obligations undertaken, and therefore reason for which INTERPLAN srl cannot be held responsible for any delays. Such events include, but are not limited to, strikes, riots, acts of war and/or terrorism, earthquakes, tidal waves, landslides and other natural catastrophes or adverse weather conditions that limit transport in practice, restrictions on the movement and/or sale of goods by order of the authorities (whatever the form of such bans), epidemics and/or pandemics, lockdowns, etc.
  8. The Customer, when filling in the information regarding the delivery of the Goods, must specify whether the chosen place is not easily accessible using transport and/or presents particular impediments and/or limitations (e.g., access prohibitions, parking and stopping bans, inaccessibility of the street for vehicles equipped with hydraulic tailgates, etc.) to the purposes of transport. The transport fee shall then be formulated on the basis of the information provided by the Customer and shall take into account the increase in costs due to delivery difficulties. The Customer shall always be free to reject the proposed price and abandon the purchase before it is concluded.
  9. The Customer, in providing the data relating to the delivery address, guarantees the correctness of the same. The Customer is made aware that transport assignments will be assigned by Interplan srl on the basis of the information received; therefore, in the event of errors (by way of example, incorrect postcode, address, place, etc.) the transport may not take place, may be delayed and/or involve the debiting of extra costs that cannot be budgeted for (as they depend on the incorrect information provided by the Customer). The Customer releases Interplan srl from any liability and/or prejudice that may arise from providing inaccurate data. Any request to change the delivery address, after the purchase has been completed, may always be communicated in writing to Interplan srl, which reserves the right to assess the possibility of doing so.

Art. 5 Payment

  1. The following payment methods are accepted by Interplan srl::
    1. Credit or debit card;
    2. Paypal;
  2. If the Customer opts for payment by credit card, the amount corresponding to the purchased Products and any ancillary services shall be charged to the Customer at the same time as the communication referred to in Article 10.1).
  3. INTERPLAN srl shall issue an invoice in relation to the sale of each Good. The invoice shall be issued on the basis of the information provided by the Customer when registering on the Site or exchanging e-mail messages. No change in the data shall be possible after the invoice has been issued.

Art. 6 Product verification

  1. Upon delivery of the Goods, the Customer shall verify the condition of the Goods and, if necessary, report to Interplan srl those defects that a person of average diligence would have detected upon careful inspection of the Goods. The Client shall in any case be obliged to report the presence of obvious defects in the Goods within the terms provided for by law and in any case before proceeding to their installation. INTERPLAN srl shall not be liable for the costs of installation of Goods that are clearly defective or different from those agreed, nor for the costs necessary for their removal and/or for the restoration of the premises and/or for any indirect and/or consequential damage that could be prevented by using ordinary diligence in examining the Goods.
  2. The Customer is required to make prompt reservations if damage occurs during transport. In general, the Customer is obliged to act in good faith and to take all initiatives that, without causing him appreciable sacrifice, save INTERPLAN srl recourse against the carrier.
  3. In the unfortunate event of defects and/or non-conformities, the Customer may lodge a complaint at the legal and administrative headquarters of INTERPLAN srl and/or by post certified electronic mail (for this purpose address your complaints to the following address shop@interplan.eu).
  4. In order to enable the complaint to be dealt with quickly, the Customer is requested to provide the following information from the time of the complaint: order number, invoice number, product name and product code, quantity, subject matter and description of the defect and/or nonconformity. If possible, the Customer shall provide photographic documentation in support of his complaint.
  5. The Customer acknowledges and recognises that the Goods, and in particular the ceramic products, may have a slightly different shade of colour from the samples viewed by the Customer and that the Customer may request to receive as a first delivery upon conclusion of the order. Given that colour differences are tolerated in the ceramic products trade and impossible to foresee and/or prevent, it is understood between the parties that the delivery of material with a slightly different shade to that of the samples viewed does not constitute a breach of contract by INTERPLAN srl.

 

Art. 7 Withdrawal

If the Customer who makes purchases through the Site or the exchange of e-mail messages has the status of Consumer, he/she shall have a period of 14 (fourteen) days to withdraw from the contract of sale, without having to provide any reasons and without having to bear any costs other than those provided for in Articles 56 and 57 of the Consumer Code.
It is clarified and accepted that the time limit for exercising the right of withdrawal interrupts the running of the 30 days for delivery, which shall begin to run from the moment the purchase becomes final due to the failure to exercise the right of withdrawal within the time limit.


RIGHT OF WITHDRAWAL

The consumer expressly waives the right to receive delivery of the purchased goods (except for the sample as set out in sub-section 6, which, if requested, shall constitute the first delivery of goods) before the period for exercising the right of withdrawal has expired.
Interplan srl, for its part, waives its right to receive the consideration before the expiry of the withdrawal period.
As a consequence of the above agreements, in the event of the exercise of a valid right of withdrawal, nothing shall be due respectively.
The Consumer, therefore, has the right under the Consumer Code Legislative Decree No. 206/2005 as amended and supplemented to withdraw from the contract within a period of 14 days from the day on which the contract is concluded without any penalty and without having to provide any reason.
If the consumer nevertheless wishes to take delivery of the product before the expiry of the withdrawal period, he must pay the entire order and shipping costs in order to allow the maximum delivery period (30 days) to elapse.
In order to exercise the right of withdrawal, the consumer must inform Interplan srl of his or her decision to withdraw from this contract using an express declaration (e.g., letter sent by post or e-mail).
Any notice of withdrawal may be sent to shop@interplan.eu or the following address:


ADDRESS

To comply with the withdrawal period, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires. The right of withdrawal shall be deemed to have been properly exercised if the following conditions are met:
• in the event of an express option to early delivery:

  • the purchased product must be returned intact and, in its entirety, and perfectly fit for its intended use;
    the product must be complete in all its elements and parts (including outer packaging and original inner packaging, accessories, any documentation and equipped with relevant labels, identification tags, and codes);
    • When returning the product, it must be returned as received by the consumer upon delivery.gna.

The Consumer shall return or deliver the g to the Ceramica Mediterranea spa warehouse - Viale Regina Pacis,259 at 41049 Sassuolo (MO) with transport costs paid in advance.

The deadline is met if the Consumer sends back the goods before the expiry of 14 days. The Consumer shall bear the direct costs of returning the goods.

Interplan srl does not offer any pick-up service for goods to be returned.

To this end, the following is specified:

- the consumer may have purchased by exercising the right of early delivery and wants to return goods that due to their size and weight can usually be returned by post. However, the size and/or weight of the goods that the Consumer wants to return may be such that this method of return is not possible; in this case the cost is estimated to be a maximum of approximately €400 + VAT, provided that the weight is equal to or less than 600 kg, and that the goods have a volume equal to or less than 2 cubic metres.
For the return of goods of a larger size or weight and/or for the return of goods located in the Venetian lagoon or the smaller islands, we suggest that the Consumer contact a transporter in advance, as it is impossible for us to estimate the cost of transport under such conditions.
To prevent damages to the product and the original packaging, the latter shall be covered with additional protective packaging to preserve the integrity of the goods during transport.

The risk of loss of the goods is under the full responsibility of the consumer, until the certificate of receipt of the goods at the Interplan srl warehouse identified above, whether it is a shipment or if the goods are damaged for reasons other than their transport.

The reimbursement of the amount paid shall take place within 14 days of receipt of the goods, subject to the positive outcome of the checks on the integrity and suitability of the product and all the conditions listed for the proper exercise of the right of withdrawal.

All payments made by the Consumer, including the initial delivery costs, shall be refunded. This reimbursement shall be made using the same means of payment used by the Consumer for the initial transaction; in any event, the Consumer shall not incur any costs as a result of such reimbursement.

In the absence of the essential condition of integrity of the goods and the further conditions described above, the Consumer shall forfeit the right of withdrawal. The purchased product shall remain available at the warehouse for collection by the Consumer for a period of 30 days from receipt of the notice of invalidity of the exercise of the right of withdrawal, after which it may be disposed of.
Interplan srl will notify you accordingly.

It is therefore strongly advisable to avoid early delivery of the product with respect to the withdrawal period.

  Art. 8 Guarantees and complaints

  1. he Customer acknowledges and recognises that Interplan srl does not offer guarantees other than those provided for by law; these differ depending on whether the Customer is a Consumer or not.
  2. Interplan srl has committed itself, by giving itself a Code of Ethics, to handle complaints with courtesy, fairness and professionalism, ensuring that within the technical time required to ascertain the presence of the complained of defect and its causes, the Customer is given a clear and exhaustive answer. To this end, the customer may address his complaints by writing to the following address
    electronics: shop@interplan.eu

Art. 9 Dispute Management and Out-of-Court Settlement

  1. Interplan srl promotes and encourages out-of-court solutions for settling disputes with its clients.
  2. Without prejudice in any way to access to justice and the identification of the competent judge (especially in the case of contracts concluded by Consumers), Interplan srl undertakes to adhere to procedures for the extra-judicial settlement of disputes. In particular, Interplan srl participates in mediation procedures (voluntary or compulsory) promoted by its Clients, both Consumers and companies, in relation to any complaint before one of the mediation bodies accredited by the Ministry of Justice.
  3. In addition to the above, Customers are hereby informed that the European Commission has established a European platform for independent, impartial, transparent, effective, fast and fair online dispute resolution between consumers and professionals. Therefore, all Customers acting as Consumers may file a complaint through the Online Dispute Resolution (ODR) platform established by the European Commission, available at
    address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase.

Art. 10 Provisions relating to the sale of Products via the Site

  1. The purchase procedure via the Site is completed only when the Customer manifests his or her intention to purchase the Products by selecting 'Order'. In view of the fact that, for technical reasons beyond our control (e.g., due to a lack of signal/connection), the procedure may not be completed, the Customer must wait to receive an e-mail confirmation of the purchase made. The subject line of this message will read "Order received" and the body of the text will include a list of all Goods, specifying the price of each Good and indicating the amount due for transporting them to their destination. Should the message not be delivered within 24 (twenty-four) hours from when the purchase was made, the Customer is invited to contact us at the following address shop@interplan.eu for verification. In any case, failure to deliver the above message shall give rise to the presumption that the purchase has not been completed. The contract will be accessible at all times in the customer's personal area on the Site
  2. All prices displayed on the Site are exclusive of VAT. The prices applied at the time of purchase, as summarised in the confirmation received by the Customer by e-mail, shall remain firm for the Customer until delivery of the Goods. The Customer, therefore, shall not be burdened by any price increases that may be published on the Site after his/her purchase.
  3. The e-mail referred to in point 10.1) above shall be deemed valid as information pursuant to Article 51, co. 7, Legislative Decree 206/2005. The Customer is called upon to verify the correctness of the data contained in the message in question and to report any error (whether or not caused by the Customer itself) as soon as possible in order to allow Interplan srl to rectify the data for the correct and timely delivery of the Goods.
  4. In order to permit rapid handling of any request that the Customer may make, it is requested that in all correspondence, the order number is always indicated in the message referred to in 10.1).
  5. The Customer acknowledges and recognises that the activity of selling Products through the Site is not principally directed to any country outside of Italy.