GENERAL CONDITIONS OF SALE

(a version of 22.01.2021)

 

The following general conditions of sale (“GCS“) are available in Italian and English and regulate the commercial relations, arising from trading carried out at a distance, between Tecnotelai s.r.l. (p.iva n. 00588341206 – REA BO 0334438 C.F. and REG. IMPR. BO 02546520376) based in Castel Maggiore (Bo), via Bonazzi n. 4, in the person of the current legal representative (from now on, indistinctly, even only “Tecnotelai” or the “Seller“) and customers as defined below.

 

CUSTOMER SERVICE

You can request any information related to Tecnotelai’s Unica art for your space branded products by writing to the following e-mail address info@unicaluxury.com or by calling the following telephone number +39 051/0930627 and Tecnotelai will be happy to help you.

 

1. Definition

  1. For this agreement:
    • GCS: the present general conditions of sale that, in compliance with the national, general, and special regulations in force in this field, regulate the sale of goods produced, marketed, and distributed by Tecnotelai with the brand Unica art for your space (“Products“) through the platform of e-commerce, hosted on the company’s website, accessible at the following URL: https://unicaluxury.com/ . The platform operates through the sales channel: B2C (Business to Consumer).
    • Customers: any person who intends to purchase and/or purchase one or more Products through the Site, acting for purposes unrelated to the business or professional activity that may be carried out, as identified under the Consumer Code.
    • Consumer Code: the Legislative Decree of 6 September 2005, n. 206 as amended.
    • Agreement: the agreement between Tecnotelai and the Customers concerning the sale, through the Site, by Tecnotelai of one or more Products to the Customers, against payment of the Price by the latter. The sale is realized telematically, through the Site, in force of the present GCS. The conclusion of the Contract on the Site is reserved, in particular, to those who, at the time of its conclusion, have reached the age of majority under national law. The Agreement is intended to be concluded when the Customer, having accepted the GCS, sends his Order to Tecnotelai, via the Site. The Order is sent by the Customer to Tecnotelai by clicking on the “Buy Now” button on the Site. This requires the Customer to pay the Price.
    • Data: the personal data of Customers, provided under the Privacy Policy, for example, by filling in the form for sending an Order through the Site or by sending a request for information to Tecnotelai through the Customer’s email and telephone numbers or the form or the contacts on the Site. Personal data may be, by way of example, first name, last name, delivery address, e-mail address, telephone number;
    • E-shop: e-commerce platform hosted by the Site. The information in the E-shop is available in Italian and English and any other languages promptly reported on the Site.
    • Intermediary: the person through whom the payment of the Price can be made (for example, Paypal, credit institution, etc.).
    • Order: the order placed by the Customers, concerning the Products. The Order shall be considered acceptance by the Customer of the provisions of these GCS, the Privacy Policy, and the information on the right of withdrawal.
    • Privacy Policy: privacy policy published by the Seller on the Site, relating to the processing of Data.
    • Site: the website avaible at https://unicaluxury.com
    • Online sale: the purchase and sale of Tecnotelai’s Products that is carried out through the Site and a sales system carried out at a distance.
    • Price: the amount to be paid as consideration for the purchase of the Products. It is expressed in Euros, indicated in the single Product tab, and again before sending the Order. It is inclusive of VAT, if due unless otherwise stated. When sending the Order will also be available the indication of any applicable delivery costs, any customs clearance costs, duties, and taxes.
    • Transaction: any operation carried out electronically that involves the arising of obligations on the Seller and/ or Customers relating to the Products.

 

2. Field of application

    1. These GTS, together with any terms of use of the website, are intended to apply to all sales of the Products displayed on the Site.
    2. The Seller reserves the right to change the current GCS at any time. Any amendment of the GCS shall be effective exclusively for all new orders submitted following the publication of the amendment on the Site Customers should check the GCS posted on the Site before clicking on the “Buy now” button they may have changed since the last visit. The Seller will communicate the change to these GCS 15 (fifteen) days before their publication on the Site.
    3. The GCS may be printed, downloaded, and/or stored by customers. Customers are invited to keep the summary of the order as well as the GCS and Privacy Policy in force at the time of purchase.
    4. The Products displayed on the Site are not intended for resale. Orders are not allowed for quantities exceeding the typical personal use and abnormal orders.

 

3. Imputable appearance

    1. The Customer agrees to apply the principle of imputable appearance to the transactions that relate in any way to his activity and/or his manifestation of will and/or consent given on the Site.
    2. According to the principle of imputable appearance, the Customer in case of use of identification codes (e.g. username and password) will always and in any case respond to the activity carried out through the use, even abusive, of identification related to him. The Customer undertakes, therefore, to take all necessary precautions to ensure the secrecy and correct use of the identification codes, the use of which is exclusively personal. The Customer is therefore solely responsible for any activity carried out through the use of the aforementioned identification codes. In case of suspected misuse, undue use, and/ or disclosure to third parties of identification codes, the Customer is required to promptly notify the Seller.
    3. The Seller may therefore legitimately deem the Buyer to be bound to all the aforesaid demonstrations of will and/or consensus unless vitiated by errors of fact (i.e., abnormal order).

 

4. Buyer’s guide

  1. To start the procedure for concluding the Contract on the Site, the Customer, consult the tabs of the individual Products on the Site, may select the Products he intends to purchase by clicking on the images. In this way, the Products will be inserted into your “cart”.
  2. The Customer may place an Order in the following ways:
    1. consultation of the online catalog and verification of the characteristics of the Product as described in the relevant datasheet. The Customer can access the product page by clicking on the relevant image;
    2. selection of the individual product and the quantity to be purchased;
    3. any continuation of the shopping session with the further insertion of Products in the cart, using the button Add to cart;
    4. completion of the selection of the Products and start of the procedure to complete the purchase, using the button Go to cart and the next Buy Now;
    5. before completing the Order, the Customer is invited to enter their Data by proceeding with the creation of the personal data necessary to complete the Order, including the Data for invoicing and for the shipment of the Products purchased;
    6. once created the personal data, the Consumer can complete the purchase process by clicking on the confirmation button of the Order;
    7. verification of the order summary, including the charges for shipping as well as any customs clearance costs and/ or duties and taxes and any change to the data, entered in the cart as well as in the accompanying form, if incorrect;
    8. telematic confirmation of the Order under the instructions and acceptance of the GCS. The non-acceptance of the GCS implies the impossibility to complete and send the Order;
    9. payment of the Price following the instructions and operations provided.

Once the payment of the Price has been made, the Order will be sent automatically, through the Site, to the Seller and the Consumer will receive, in the email box communicated in the order form, the summary of the same and a link to these GCS.

Before completing the sending of the Order, the Customer is invited to verify the correctness of the same, correcting any errors.

The Order is stored in the database of Tecnotelai for the time necessary to escape and, in any case, in terms of the law.

The Seller reserves the right to change the assortment of Products displayed on the Site at any time.

 

5. Prices and payment conditions

  1. The Prices of Tecnotelai products for sale on the Sito include VAT, where applicable. In any case, the amount due for VAT or other sales taxes applicable in Italy is expressly indicated in the individual product sheets. The prices indicated in the individual product sheets do not include delivery costs or any customs duties or sales taxes applicable in the country where the products will be delivered, which will be at the Client’s expense. These costs will be visible before proceeding with the payment, on the specific Cart page.
  2. Except if the Customer chooses to take responsibility for the shipping of the products with his carrier, Tecnotelai remains responsible for any customs clearance and payment of duties or taxes on behalf of the Customer. The total price of the order will be shown before selecting the “Buy Now” button.
  3. Tecnotelai retains its right to change the prices of the products displayed on the website or to correct any errors or inaccuracies at any time. The Customer is invited to check the Price of the Products before proceeding with the purchase.
  4. The various methods of payment accepted by Tecnotelai are indicated at the beginning of the ordering process.

 

6. Delivery

  1. The Products sold through the Site can be delivered only to European Union Countries. Orders to be delivered in countries other than the listed countries shall not be accepted.
  2. The Products will be delivered by the Seller to the address indicated in the Order within the time indicated in the acceptance of the order and any case no later than three (3) months from the date of forwarding of the Order. No delivery shall be made to P.O. boxes. Delivery shall be made only to persons of legal age. The Customer acknowledges that any person at the delivery address shall be authorized to take delivery of the Products in their name.
  3. The risk of loss of or damage to the ordered products passes to the Customer at delivery under article 6.2. However, if the Customer is in charge of the consignment of the Products, delivery shall take place and the risk shall pass to the Customer upon handing the goods over to the carrier, without prejudice to the rights of the Customer against the carrier. When the Customer is in charge of the consignment, the Customer is also responsible for any customs clearance, and the payment of any duties or taxes in connection therewith, as these are normally part of the logistics services provided by the carrier.
  4. If the seller is unable to contact the Customer after making reasonable attempts to arrange delivery, the Seller may notify the Customer of a 30-calendar-day notice period within which delivery will be attempted. Subject to the right to cancel the purchase according to article 7., below, if the Customer fails to take delivery within the notice period the Seller may terminate the Agreement and may charge the Customer the costs of delivery and claim additional damages if any.

 

7. Right of withdrawal

  1. The Customer has the right to withdraw from this Agreement within 14 (fourteen) calendar days after receiving the products without giving any reason, subject to the exceptions under Consumer Code. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which the Customer, or a third party – other than the carrier – which has been indicated by the Customer, acquires physical possession of the Products.
  2. To exercise the right of withdrawal, the Customer must give notice to the Seller info@unicaluxury.com  of its decision to withdraw from this Agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). The Consumer customer may also fill in and submit the model return form available here.
  3. If the Consumer customer exercises this withdrawal option, the Seller will communicate to the Consumer customer an acknowledgment of receipt of such a withdrawal in a durable medium (e.g. by e-mail) without delay.
  4. To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

7.A. Effects of withdrawal

If the Customer withdraws from this Agreement, the Seller shall reimburse the Customer for all payments received, including the costs of delivery paid by the Customer at the time of purchase of the Products (except for the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller and possible applicable charges, such as customs duties), without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Seller is informed of the Consumer customer’s decision to withdraw from this Agreement.

The Seller shall make the refund, within 14 (fourteen) days from the day on which he was informed of the Customer’s decision to terminate the contract, using the same means of payment used by the Customer for the initial transaction, unless the Customer has expressly requested otherwise and provided that the latter does not incur any costs as a result of such reimbursement. The Seller shall not be required to reimburse any additional costs where the Customer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.

The Seller may withhold the refund until it has received the Products back or until the Customer demonstrates that he has returned the Products, whichever is the earlier.

The Customer shall send back the Products or hand them over to the Seller without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Customer communicates its withdrawal from this agreement to the Seller. The deadline is met if the Customer sends back the products before the period of 14 (fourteen) calendar days has expired. The Customer will have to bear the direct costs of returning the Products.

The Customer must return the Products in their original state and with the packaging in which they were delivered together with any accessories or instruction manuals. Labels must not be removed. The Customer shall be responsible for any diminished value of the Products resulting from the handling other than that necessary to establish the nature, characteristics, and functioning of the Products. The Seller may refuse to refund Products that have deteriorated; been damaged or tampered with; have had their labels removed, or are in a state that indicates that the Products have been used other than as permitted by applicable law.

Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the Products itself, the risks of damage to or loss of the Products during their return are borne by the Customer.

Where the Agreement concerns multiple Products, the exercise of the right of withdrawal may apply to one or more Products purchased.

7.B. The exception to the right of withdrawal

The Customer shall not be entitled to return Products falling within any of the following categories:

  • products made to the Customer’s specifications or personalized.

 

8. Characteristics of Products

The Seller has undertaken reasonable efforts to ensure that the images of the Products on the Site are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimize inaccuracies, however, there may be some discrepancies (e.g. color resolution) between the images and the Products due to technical limitations. The Seller shall not be liable for any inadequacy of the graphic representation of the Seller’s Products displayed on the Site arising from such technical limitations.

 

9. Industrial and intellectual property

  1. The person who accesses the Site recognizes that the marks and the distinctive signs, the contents, the information, the programs, the layouts, the texts, the images, the photographs (including, in particular, those of the Products), the videos, and the databases used by Tecnotelai, as well as any technical, conceptual and creative solution adopted by Tecnotelai in the Site are covered by private ownership or in any case, is of exclusive ownership of Tecnotelai, except as otherwise indicated in writing, and in any case, agreed with the rightsholders.
  2. Any use of the Site not strictly related to the purposes pursued by Tecnotelai is expressly prohibited, including, but not limited to, reproduction, sale, modification, distribution, transmission, the republishing, even partial, of the contents, information, programs, layouts, texts, photographs and databases available on the Site and technical, creative and creative solutions adopted without express written permission of Tecnotelai.

 

10. Legal Guarantee of Conformity

  1. Upon receipt of the Products, the Customer must verify the correspondence with the ordered items and their conformity to the Agreement.
  2. All Products displayed on sale on the Site benefit from the legal guarantee of conformity of the products under the applicable law. For detailed warranty information, please visit the Legal Guarantee Page : https://unicaluxury.com/legal-guarantee-page
  3. For repair requests that are not covered by the Legal Guarantee, the Customer can contact the customer service department of the Seller at the following address info@unicaluxury.com

 

11. Privacy and data protection

Concerning Data processed in connection with Customer orders, Seller’s Policy Privacy is applicable and is available at the following link: https://unicaluxury.com/privacy-policy

 

12. Applicable law

These GCS are governed by the laws of Italy without prejudice to the protection afforded to the Consumer customer by mandatory applicable law.

 

13. Dispute resolution

  1. A European Platform for Online Dispute resolution is provided for extrajudicial Consumer customer disputes (ODR platform). The ODR platform is accessible at the following link:
  2. In case of disputes that may between the Seller and the Professional customer, the Court of Bologna shall be competent. In the case of a Consumer customer, the Courts of the Member State where the Consumer customer has its domicile shall be competent or, at the choice of the Consumer customer, the Courts of the Member State where the Seller is domiciled shall be competent.

 

14. Non-Waiver

Failure by the Seller to solicit compliance by the Customer with the terms provided in the current GCS or any delay by the Seller in taking steps to enforce its rights, shall not be considered as a waiver by the Seller of any such rights or as a tacit amendment of the terms of the GCS and shall not prevent the Seller from enforcing any such rights at a later stage.