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General terms and conditions of sale
These general terms and conditions of sale (hereinafter the “General Conditions”) apply to the sale of products available on-line, through the company Porfidi S.r.l., Via del Borgolet, 36, 38040 Fornace (Trento) – Italy | Tel. +39 0461 857 511 – firstname.lastname@example.org | P. IVA 02364690228 concluded via the website https://porfidi-online.com (hereinafter the “Site”)
The following General Conditions form an integral part of all of our agreements for the supply of materials, also when orders are made by phone, by voice, via fax, e-mail or internet.
Porfidi-online.com markets the products listed on this website which are mainly designed for business customers (i.e. craftsmen, professionals, traders, wholesalers, retailers, etc.). In this case, the customer ensures that he or she purchases the products for business purposes only, i.e. for work-related purposes. In the case of direct sale to a “consumer” (a natural person who is acting for purposes which are outside that person’s profession) dealings between Porfidi S.r.l. and its customer will be governed by the consumer protection rules laid down in Legislative Decree no. 185 of 22 May 1999.
Although Porfidi S.r.l. constantly adopts measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer you are using. As a consequence, the Seller will not be responsible for the possible inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
- ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
The Customer, upon confirmation of his or her purchase order, unconditionally accepts and agrees, in his or her dealings with Porfidi S.r.l., to comply with these general conditions and the payment methods specified below, and declares to have read and accepted all the instructions provided, pursuant to the above-mentioned rules, also acknowledging that Porfidi S.r.l. is not bound by different conditions, unless previously agreed in writing.
- CUSTOMER OBLIGATIONS
The General Terms and Conditions of Sale must be reviewed on-line by Customers visiting the Porfidi S.r.l. website before confirming the purchase. Sending the order confirmation therefore implies that the customer is fully aware of these General Terms and Conditions of Sale and accepts them in full. The Customer agrees, once the on-line purchase procedure is concluded, to accept these general terms and conditions of sale.
It is strictly forbidden for the Customer to provide false and/or made up and/or fictitious information during the registration process required to activate the process for the performance of this contract and subsequent communications; the personal details and the e-mail address must correspond to the real data and cannot belong to third parties or be purely fictional.
Registering the same company/ consumer twice is expressly forbidden, as is entering someone else’s details. Porfidi S.r.l. reserves the right to take legal action against any such violation or abuse, both in its own interest and for the protection of all consumers.
- REQUEST FOR QUOTATION
Any request for quotation, sent by email, under no circumstances represents a “final sales order”. Porfidi S.r.l. will respond to these requests by providing only information related to the requests.
- PLACING AN ORDER ON THE PORFIDI S.R.L. WEBSITE [Porfidi S.r.l. SHOP section]
The purchase is made by the customer for the products available as illustrated and described on-line in the product data sheet (images shown are for illustration purposes only; actual product may vary in aesthetics). All product prices shown are VAT EXCLUDED.
The PURCHASE can be finalised with the purchase.
If requested, transport costs are as follows:
- Free delivery at premises
- Delivery in ITALY:
- Request quote
- Customer arranged pick-up (to be arranged by email/ time needed to prepare goods)
- Delivery ABROAD:
- Request quote
- Customer arranged pick-up (to be arranged by email/ time needed to prepare goods)
Before confirming the purchase, the Customer will be shown the cost per unit of each selected product, the taxable amount, the VAT amount, the transport costs (if included), and the total cost (excluding non-standard transport costs and/or fees for payments not made by bank transfer).
After confirming the purchase, the Customer can print out the order information and will automatically receive an email with a summary of the order placed.
The order will be considered valid only if Porfidi S.r.l. confirms that the goods have been shipped. Advance payment of a supply does not imply confirmation of acceptance of the order, which may be refused by the company and reimbursed, less the bank transaction fees for returning the payment.
The goods ordered are exclusively dependent on the will of the customer. Under no circumstances may it be refused, otherwise the outward and return transport costs will be charged. If the customer fails to pay the transport costs within 15 days (notified by e-mail), Porfidi S.r.l. will initiate legal proceedings against the customer. Orders place via the internet are recognised as a regular commercial contract entered into by the buyer in his/her own hand.
To place an order on the Porfidi S.r.l. website [Porfidi S.r.l. SHOP section]:
BY INTERNET ON THE WEBSITE: https://porfidi-online.com
BY E-MAIL at: email@example.com
The customer must pay for the products purchased and related shipping fees using one of the following methods: BANK TRANSFER, PayPal and credit card. Payment by bank transfer is subject to the following conditions: the bank transfer must be received no later than 5 business days after placing the order. After this date the order will be considered null and void. The following information must be specified in the reason for the bank transfer: number and date of the order, company name or name of buyer; the bank details are available in the “shopping cart” section of the website and are also included in the order confirmation email automatically sent to the customer. It is understood that, if you choose to pay by bank transfer, the goods will be shipped only after verifying that the payment has been credited to our bank account, which usually takes about 5 banking days.
For urgent enquiries contact:
Unless otherwise specifically agreed, prices are ex-works in the currency stated on the price list and do not include the cost of special packing, insurance fees, foreign taxes or duties, nor any other charges which may be applicable to the export or import of the goods.
Unless otherwise specifically agreed, all prices are those valid at the time of delivery of goods.
All prices have the validity stated on the price list.
8. AVAILABILITY AND DELIVERY OF PRODUCTS
Almost 100% of the products shown on the Porfidi S.r.l. website are actually available. Products purchased on the Porfidi S.r.l. website are delivered throughout Italy. The products purchased will be delivered by Porfidi S.r.l. using standard courier services to the address indicated by the Customer as the destination address.
Products will be delivered on all business days based on the availability of the courier service.
As a guideline, without being binding in any way on Porfidi S.r.l. and subject to the availability of the products on the market and any cases of force majeure, the goods will be delivered within the following times:
- for payments by Bank Transfer, the shipment will be handed over to the courier service with 24/48 hours after payment has been credited to the account;
- for payments by PayPal or PostePay delivery will be within 24/48 hours after the order is processed (depending on the express courier service used);
The delivery times are indicative and should be considered valid if there are no physical or structural impediments (e.g. incorrect address or force majeure). The transport fee, to be added to the price of the product purchased, will be automatically calculated by the system.
As far as the DATE OF DELIVERY is concerned:
(1) Delivery terms have approximate value and Buyer commits itself to accept delays due to acts of God (bad weather conditions, strikes, transport accident or slip/hitches, etc..) or due to the impossibility of a rational quarry exploitation.
All dispatch, shipping and delivery dates are estimates only and all such estimates are given on the understanding that Buyer will promptly give all necessary instructions of information to Seller, including satisfactory assurance to Seller that Buyer will be able to comply with the agreed terms of payment.
(2) Seller shall not be liable for loss or damage due to delay in delivery or manufacture, resulting from any cause beyond Seller’s reasonable control, including but not limited to, compliance with any government regulations or orders, acts or omissions of Buyer, tire, strikes, factory shut-down, etc. Any delay resulting from any such cause shall constitute cause for extended delivery dates and shall not entitle Buyer to cancel his agreement.
As far as the SHIPPING is concerned:
(1) The goods are always shipped at Buyer’s risk even if sold including transportation. Unless specified by Buyer, Seller shall select method of transportation, including place or places of storage, if necessary, in accordance (which shall include standard warehouse-to-warehouse coverage), war-risk insurance and forwarder’s services. All such charges shall be payable by Buyer.
(2) All shipments are made for Buyer’s account. If shipments are delayed because of delayed payment or insufficient because of delayed shipping instructions from Buyer, Buyer shall be charged for storage costs beginning one month after Seller’s notice that the products ordered are ready for shipment and, if products are stored in Seller’s factory, for not less than 0.5% per month of the amount invoiced.
(3) Partial shipments may be made and payments therefore shall become due in accordance with the terms hereof as shipments are made and invoices rendered.
(4) Claims for shortages must be made by Buyer immediately upon receipt of goods.
In any case:
– Seller assumes no liability in respect of transportation of products to Buyer, even if transportation or shipping costs are payable by Seller.
– If shipments are delayed due to causes beyond Seller’s control, the risk in respect of the products shall pass to Buyer from the date at which the products are ready for shipment.
- LATE DELIVERIES
Your package may not arrive within the times stated or proposed on the Porfidi S.r.l. website. If this happens, the customer can file a report with the customer service department at Porfidi S.r.l. to find the package. Porfidi S.r.l. shall not be responsible for any damage or loss, whether direct or indirect, resulting from late or failure to deliver the product.
The buyer may terminate the contract by sending notice via registered letter with return receipt to:
Via del Borgolet 36
no later than eight days after delivery of the goods, clearly indicating their wish to the terminate the contract. This notice, if done by email, should be sent to the certified email address: firstname.lastname@example.org.
To terminate the contract, the buyer must return the goods, which must not show any sign of use or wear. The goods must be returned no later than 10 (ten) days from the date of receipt.
The buyer shall bear the costs for returning the goods. The buyer is also responsible for paying the fixed shipping costs to the seller, even if not yet paid. This amount may be withheld as compensation without any other formalities.
If the buyer exercises his or her right to terminate the contract, the amount to refund shall be credited as per the methods agreed with Porfidi S.r.l.
The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
La merce è coperta da una garanzia di due anni dalla data di acquisto. L’acquirente persona fisica, rinvenuto il difetto, per ottenere la garanzia in oggetto, deve denunciare il difetto di conformità al venditore nel tempo limite di due mesi dalla scoperta dello stesso.
The buyer, having discovered the defect, to obtain the warranty at issue, must report the nonconformity to the seller no later than two months after the date of discovery. The warranty only covers manufacturing defects and non-conforming products. Except for the replacement of defective and non-compliant products, the supplier accepts no responsibility for direct or indirect damage resulting from use, including improper use, of the product by the recipient and for normal wear and tear. Porfidi S.r.l. guarantees the integrity and validity of the products offered in the catalogue on the basis of quality checks carried out. In case of defective or non-compliant goods, the buyer must send notice thereof by certified email (PEC) to email@example.com within 14 business days from receipt of the goods.
If the product is defective or non-compliant within the warranty period indicated on the specifications of each item, the customer must send the material carriage paid/CPT to Porfidi S.r.l., which will repair it and send it back to the customer carriage paid/CPT.
The Seller will not have any responsibility if the product gets damaged during its transportation.
Please, read art. 21 for further clarification.
- CONCLUSION OF THE CONTRACT
The seller first sends a message to the buyer that it has received the order. The contract is concluded at the time and place where performance begins, namely when the goods are delivered to the courier. Any order confirmation shall be considered as simple notices of commencement of performance.
The buyer must download a PDF copy of these general terms and conditions of sale from www.porfidi-online.com and print or save them on a durable medium, without prejudice to the seller’s right to send a copy to the buyer directly.
Porfidi S.r.l. can always be contacted for further information and/or any claims by sending an email to firstname.lastname@example.org Eventual claims regarding quantity, type and quality of merchandise supplied must be made to the seller in writing within 8 (eight) days of buyer’s receipt. No claims regarding the quality of merchandise will be valid if complete payment for the merchandise in question has not been made within the terms and conditions agreed upon.
Please, read art. 21 for further clarification.
- GOVERNING LAW AND JURISDICTION
This contract and the obligations arising therefrom are fully governed by the laws of Italy, to which reference is made in full for anything not expressly provided for in this contract.
The seller reserves the right to change these general terms and conditions at any time. Therefore, the buyer is required to consult this on-line document, to review the terms and conditions in effect at the time of submitting an order.
In the case of any disputes or resulting legal action the competent authority recognized will be the Legal Court of Trento unless otherwise decided by Porfidi S.r.l.
The following rules on Returns will be applied in two different cases: 1. In the case Porfidi S.r.l. makes a mistake in processing the order, in shipment or delivery;
2. In the case Porfidi S.r.l. decides in its sole discretion, or arranges with the customer, to apply rules that are more favourable to the customer. The goods are returned ex warehouse Porfidi S.r.l. Unless otherwise provided by the customer, shipment shall be carriage paid. The material is transported at the risk and peril of the customer, even if sent carriage paid. Claims will only be accepted if sent by certified e-mail to: email@example.com or by email to: firstname.lastname@example.org, within eight days from the date of receipt of material; after this period, the buyer shall not be entitled to make a claim.
- CUSTOMER RETURNS
The goods must be sent carriage paid to our central warehouse. General conditions for acceptance of returns. For all products
- Your return form or document, indicating the relevant transport document issued by Porfidi S.r.l., customer code and reason for return
- Undamaged products
- Packaging and labels intact or in the same condition as they were supplied
- Products not purchased under a promotional scheme, even if returned in full
- Products returned no later than one month from the date of receipt of the goods
For special products
Special products (not in the catalogue) or in any case supplied based on customer-specific requirements, shall be accepted only if they do not comply with conditions and specifications stated in the order.
Porfidi S.r.l. will not accept any product returned without packaging, or products for which the costs for returning them have not been paid in full.
Porfidi S.r.l. will not accept any product in the event the costs for returning them have not been paid in full by the customer; or in cases where the product has not been packaged in its original packaging, or is not complete with each accessory, the instructions booklet and anything else originally supplied.
Porfidi S.r.l. will send the refund for the cost of the goods shipped no later than 30 business days after the customer has shipped the goods and, in any case, not before receiving the goods. The refund will be paid by Bank Transfer. The costs for returning the goods to the sender shall be borne by the customer.
IMPORTANT: Porfidi S.r.l. accepts no liability from the time when the customer opens the package. All products (original packaging, accessories, instructions booklet, and anything else originally supplied) sent back by the customer, shall be verified by the “RETURNS DEPARTMENT”, which on average takes 15 days to perform a comprehensive control.
- QUESTIONS AND BUYING GUIDE
For clarifications on the purchasing procedures, please contact Porfidi S.r.l. at email@example.com
- CHARACTERISTICS OF PORPHYRY
Porphyry is a naturally stratified stone. Porphyry products, both natural and finished, do not present uniform colour (slabs may have several colours or rust coloured spots); thickness (slabs may be disk shaped or have a tendency to narrow at one end); slabs may have a rough surface or show porousity or small cavities. Flagstone in the “normal” and “thin” varieties may be of limited dimensions. The above characteristics must be accepted as they are the essence of what makes porphyry a natural product. Tolerances: it is not possible to provide shipments of porphyry materials identical in colour and thickness over time, nor can materials be supplied identical to previously furnished samples. Eventual differences are to be considered as within general tolerances for this natural stone as explained in our manual book „Porphyry-Architecture and Technique“.
Weights & Measures: material is sold by metric ton, sqm (m2) or lm, according to the product typology, but coverage/yield will depend upon installation methods. Conversions from the decimal metric system to other systems will be made according to the tables and the formulas in use.
In accordance with articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly approved: 1. (SCOPE), 2. (ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE), 3. (CUSTOMER OBLIGATIONS), 5. (PLACING AN ORDER ON THE PORFIDI S.R.L. WEBSITE), 6. (PAYMENTS) 8. (AVAILABILITY AND DELIVERY OF PRODUCTS), 9. (LATE DELIVERY), 10. (WITHDRAWAL), 11. (WARRANTY), 12. (CONCLUSION OF THE CONTRACT), 15. (GOVERNING LAW AND JURISDICTION), 16. (RETURNS), 17. (CUSTOMER RETURNS), 19 (REFUND) of this contract.