The products of this online store are offered to the public by the company Opinion Ciatti S.r.l. (hereinafter referred to as “the Seller”) in compliance with the applicable rules governing e-commerce and Distance Selling Contracts.
The term Distance Selling Contract means any legal transaction that involves the purchase by interested parties (hereinafter referred to as “Customer” or “Customers”) of tangible movables (hereinafter referred to as “the Products”) of Opinion Ciatti S.r.l. (hereinafter referred to as “the Seller”) according to a distance selling process through electronic means made available by the Seller.
The Customer may be either “any natural person acting for purposes other than their business, commercial, craft or professional activity, if any” as defined by art. 3, paragraph 1, letter a) of the Italian Legislative Decree no. 205/2006 of the Consumer Code (hereinafter referred to as “Consumer”) or “any natural or legal person acting within the exercise of their business, commercial, craft or professional activity”, as defined by art. 3, paragraph 1, letter c of the Italian Legislative Decree no. 205/2006 of the Consumer Code” (hereinafter referred to as “Business Customer”).
These General Conditions of Sale govern the procedure applicable to the sale of the Products.
Each Sales Contract is governed by these General Conditions of Sale, which form an integral and substantial part of each purchase order and order confirmation of the Products themselves.
How to Buy
The Customer may purchase the Products available in the online catalogue, shown on the home page of the Seller's online store, or in the relevant sections sorted by product category, as described in the fact sheets available on the online store.
The publication of the Products displayed on the online store is an invitation to buy.
The order sent by the Customer is understood as a contractual offer and implies full knowledge and acceptance of these General Conditions of Sale as well as of the terms of payment stated below.
By transmitting the purchase order, the Customer agrees that the confirmation of the order details and these General Conditions of Sale are to be sent to them by e-mail to the address specified by the Customer during the registration process on the online store or during the purchase.
In order to purchase through the online store, the Customer must be of age (18 years) and have the capacity to act; by signing these General Conditions of Sale for acceptance the Customer declares to fulfil such requirements.
Any cost for the Internet connection to the online store as well as any telephone charges, according to the rates applied by the operator selected by the Customer, will be exclusively borne by the Customer.
Except where stated otherwise, the prices of the Products published on the online store by the Seller are expressed in Euro and include VAT; shipping costs are not included and will be shown at checkout.
Shipments outside of the European Community (non-EU countries) are net of VAT and of customs duties, which will be borne by the recipient and will be collected by the carrier upon delivery.
The price guaranteed to the Customer is the price published on the online store at the time when the order is placed. Any discounts or promotions on the online store form an integral part of these General Conditions of Sale.
The technical and functional features of the Products are those published and described by the Seller on the online store, which may be verified – if available – also on https://www.opinionciatti.com
Product images are merely for illustration purpose and non-binding.
If the Product is not available at the Seller's warehouses, a notice will be promptly sent and the order will be cancelled.
In order to complete the purchase of one or more Products, the Customer must fill in the electronic order form and transmit it to the Seller, by electronic means, according to the relevant instructions.
Before purchasing the Products through the transmission of the order form, the Customer must carefully read the General Conditions of Sale, print them out using the print command and store or make a copy of them for any future reference.
The order form shows the Products, the price (inclusive of all taxes or duties, where applicable), and the shipping costs.
The correct receipt of the Customer’s proposal in the Seller’s computer systems, and the acceptance thereof, is confirmed by means of an automatic reply sent to the e-mail address provided by the Customer.
The order form will be filed in the Seller's database for the time necessary to process the order and, in any case, pursuant to the time limits laid down by law. The Customer will be able to access their order form in the section “My orders”.
The “Order completion” page summarises the order details and the payment instructions.
The confirmation message will provide an “Order number” to be used for each subsequent communication and will include these General Conditions of Sale and all the data entered by the Customer, as well as all legally required information.
The Customer is responsible for the data supplied to the Seller and will have to verify the correctness thereof and to promptly notify any necessary amendment.
Any possible increase in costs, resulting from errors in data not promptly reported, shall be borne by the Customer.
The Sale Contract, completed with the order confirmation, will be processed by the Seller only after receiving the payment for the Product.
The Seller may, in any case, refuse to process purchase orders that are not supported by sufficient solvency guarantees, or are incomplete or incorrect, or in the event of unavailability of the Products, or for any reason involving a problem on the order received.
In such cases, the Seller will inform the Customer by e-mail that the contract is void and that the Products will not be delivered.
With the electronic transmission of the order form, the Customer unconditionally accepts, and undertakes to observe, these General Conditions of Sale within the scope of their relations with the Seller.
With the transmission of the order form, the Customer acknowledges and accepts the General Conditions of Sale and any additional information available on the online store.
Any Customer’s right to compensation for damages or other indemnity, as well as any liability in contract or in tort for direct or indirect damages caused by the non-acceptance, even partial, of an order, shall be excluded.
Delivery of Products and Acceptance
The Products shall be delivered to the address specified by the Customer.
For its shipments, the Seller avails itself of qualified express couriers or of couriers specialised in the delivery of furnishings for the purpose of guaranteeing quality of service and product integrity.
The Seller has the right, in its sole discretion, to have the Products delivered by a courier of its choice.
The Customer shall not hold the Seller liable in the event of delay in processing the order or delivering the Products included in the purchase contract.
Deliveries normally take place with the timing specified in the product fact sheet in Italy, within 7 business days in Europe, within 10 business days in the USA, within 20 business days for all other destinations. Shipping times are expressed in business days and are to be understood as an indication.
The shipping time for an order containing items having different delivery times shall be the longest time applicable among the items included in the order; any delivery delay of less than 30 days shall not entitle the Customer to refuse the delivery of the Products, nor to claim compensations or indemnities of any kind whatsoever.
The Seller has the right, if it deems it appropriate, to request the delivery of the Products (even if relating to the same order) in several stages.
Delivery is regarded as completed when the Product is delivered to the address specified by the Customer.
The shipping document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will be a proof of the shipping and of the collection of the goods by the Customer.
Most of our products are shipped pre-assembled: assembly is, in most cases, quite simple and consists in assembling already defined parts.
Deliveries are only made at street level. The delivery to the floor, the collection of packaging and the collection of any used items are strictly excluded.
The Seller does not offer any assembly services.
Upon delivery, the Customer shall check the content, compliance and status of the Products.
The Seller recommends that the Customer verifies the condition of the delivered Products before signing the acknowledgement of receipt and, specifically, that the Customer ensures that:
- the number of packages delivered corresponds to that specified in the shipping document attached;
- the packaging is intact, not damaged, not wet or otherwise altered, and the Products are intact.
Should the Customer detect any anomalies, they must reject the delivery of the Products or express their reservations in writing in a detailed and dated document.
If the courier’s document is signed without expressing any reservation, the Customer will not be able to rise any objection to the external features of the item delivered.
Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported to the carrier, by registered mail with acknowledgement of receipt, within 8 days from the delivery, pursuant to art. 1698 of the Italian Civil Code.
If the recipient is absent when the delivery is made, the carrier will leave a notice of attempted delivery at the delivery address specified by the Customer; the Products will have to be collected at the address specified by the carrier according to the instructions provided by the latter.
In case of failure to collect within the time limit set by the carrier, the Products will be returned to the Seller, which reserves the right to refund the price of the Products, and the shipping costs will be borne by the Customer.
In the event of any error concerning the Product, the Customer undertakes to notify the case to the Seller within:
- 14 days after receipt of the Product, if the Customer is a Consumer (see Introduction);
- 8 days after receipt of the Product, if the Customer is a Business Customer (see Introduction).
The Product(s) involved shall be returned to the Seller within 14 days of the notice referred to in the preceding paragraph, with the packaging closed, in the original condition and packaging and with the relevant documents. Once the Product has been duly received, the Seller shall return, at its own expense, the Product initially ordered.
In case of a force majeure event, the processing of the order will initially be suspended. If, after a period of 3 months, the Parties ascertain that the event of force majeure persists, the order shall be automatically cancelled, unless agreed otherwise by both Parties. In addition to the events normally provided for by the law, the following are specifically considered events of force majeure resulting in a delay in delivery: general or partial strikes, either internal or external to the company, blocking of means of transport or supply for any reason whatsoever, government or legal restrictions, computer failures, blocking of telecommunications including networks and, in particular, the Internet.
In case of an event of force majeure, unavailability of the means of transport, unforeseeable or unavoidable events which cause a delay in delivery or make deliveries difficult or impossible, causing a significant increase in the delivery costs borne by the Seller, the latter will be entitled to terminate the Sales Contract.
In this case, the Seller shall timely and duly notify the Customer of its decision by sending a notice to the Customer's e-mail address; the Customer shall receive a refund of the price already paid, if any, and any further claim against the Seller, for any reason whatsoever, shall be excluded.
Payment of the consideration is due upon receipt of the order confirmation.
The Customer undertakes to pay the price agreed for the Product ordered on the online store (price of Products and shipping) and, where necessary, to pay, or arrange payment to, the courier or carrier for the VAT or other taxes for importing the Products into the countries where the delivery will take place.
Payment may be made by credit card, PayPal or bank transfer, at the following conditions.
In case of payment by credit card, the financial information (for example, the number or expiration date of the credit/debit card) will be transmitted via encrypted protocol to PayPal, which provides the relevant electronic remote payment services, without any third parties having access to it in any way. Moreover, such information will never be used by the Seller other than to complete the purchase procedures and to issue any refunds in the event the Products are returned, following the exercise of the right of withdrawal, or, where required, to prevent or report to the Police any possible frauds on store.opinionciatti.com. The purchase price of the Products and the shipping and delivery costs, as specified in the order form, shall be charged to the Customer's current account when the Products are shipped. In any case, the Customer guarantees to the Seller that they have the necessary authorisations to pay for the order using a credit card.
If the payment is made by bank transfer, the Customer shall provide proof of payment by sending the relevant transaction code (Codice Riferimento Operazione, or CRO), which uniquely identifies the bank transaction, to Opinion Ciatti. Such information may be given:
- by fax to +39 055 88709237
- by e-mail to email@example.com
If the Seller does not receive the bank transfer within 7 days of the confirmation of the order, the Seller reserves the right to cancel the order. Under no circumstances shall partial or deferred payments be accepted.
The Products ordered remain the property of the Seller until final and full payment of their price (art. 1523 and following of the Italian Civil Code).
Warranty and return for damaged or faulty items
Pursuant to and for the purposes of the European Directive 1999/44/EC and of the Italian Legislative Decree no. 206/2005 (hereinafter referred to as “Consumer Code”), the Seller warrants to the Consumer that the Products will be free from defects in design and material and conform to the descriptions published on the online store for a period of 2 years from the date when the Products are delivered to the Consumer. It is understood that the Seller only guarantees the material integrity of the Products at the time of delivery. In fact, the application of any warranty is to be excluded if the Product is used or washed in a manner that does not comply with the specific product usage or washing method and with the instructions/warnings provided by the Seller or stated in the relevant explanatory documentation.
The Products offered on the online store comply with the national and European legislation.
The photographs of the items and colours of the Products, although realised with the highest possible colour accuracy, may vary from the actual colour due to the system local settings and/or to the instruments used by the Customer to view them.
Any defects covered by the Warranty shall be reported by the Customer, under penalty of invalidation,
- no later than 2 months after the date when such defects were detected, if the Customer is a Consumer, pursuant to art. 3, paragraph 1. Letter a of the Italian Legislative Decree 206/2006
- within 8 days after the date when such defects were detected, if the Customer is a Business Customer pursuant to art. 3, paragraph 1, letter c of the Italian Legislative Decree no. 205/2006.
The Customer has the obligation to inform the Seller of the type of defect and/or non-conformity found, to provide the order confirmation transmitted by the Seller and/or the receipt and, possibly, to send 3 photos of the Product (detailed photo of the defect, photo of the whole Product, photo of the packaging).
Such information may be transmitted:
- by mail to Opinion Ciatti S.r.l. – Via di Prato, 80 - 50041 Calenzano (FI)
- by fax to +39 055 88709237
- by e-mail to firstname.lastname@example.org
The attached form should be used for this purpose.
In any case no claim may be made after one year of delivery, unless the Customer is a consumer, in which case the deadline will be 26 months after delivery.
Following receipt of the notice and related documentation, the Seller will assess the defects and non-conformity reported by the Customer and, after a qualitative check aimed at verifying the actual non-conformity of the Product, will decide whether to authorise the return of the Product, proceed with the replacement of the item (unless such replacement is objectively impossible or is excessively burdensome for the Seller under art. 130, paragraph 4 of the Consumer Code) or terminate the contract by returning to the Customer the sums paid, by sending within 7 days an email reply to the address provided by the Customer within the registration on the online store. If the return of the Product is agreed, all shipment instructions will be provided to the Consumer, and shipping costs will be borne by the Seller.
For the purposes of these Conditions of Sale, Products are assumed to comply with the contract if:
- are suitable for the use for which goods of the same type are normally used;
- conform to the description made by the Seller;
- are characterised by the usual qualities and performances of goods of the same type, as may be reasonably expected by the Customer, taking into account the nature of the goods and the specific characteristics disclosed by the Supplier.
The Seller shall not be held liable for the consequences of a product which is alleged to be faulty if, based on the scientific and technical know-how available at the time when the manufacturer started selling it, the product was not considered as faulty.
No compensation shall be due if the person that suffered the damage was aware of the product defect and of the danger resulting therefrom, and knowingly accepted it without reservation. In any case, the person who suffered the damage will have to prove the defect, the damage, and the causal relationship between defect and damage.
If the Seller, once the defect is verified and ascertained, opts for the termination of the contract and the reimbursement of the price, the refund will be made using the same payment method selected for the purchase, i.e. bank transfer or credit card, prepaid card, PayPal etc.
Except in case of wilful misconduct or gross negligence by the Seller, it is hereby agreed that, if the Seller's liability towards the Customer is ascertained, including total or partial failure to fulfil the Seller's obligations towards the Customer as a result of the processing of an order, the Seller's liability shall not exceed the price of the Products purchased by the Customer, for which the dispute has arisen.
Limitation of Liability
The Seller shall not be held liable for inefficiencies attributable to force majeure events if the order cannot be processed within the time schedule provided for in the contract.
The Seller shall not be held liable towards the Customer, other than in case of wilful misconduct or gross negligence, for any inefficiencies or malfunctions related to the use of the Internet network (online store) which are beyond its control or the control of its subcontractors.
Additionally, the Seller shall not be held liable for any damage, loss or cost incurred by the Customer as a result of the failure to fulfil the contract for reasons not attributable to the Seller, since the Customer is only entitled to the full refund of the price paid and of any ancillary costs incurred (shipping costs).
The Seller shall not be held liable for any possible fraudulent and unlawful use by third parties of credit cards, cheques and other means of payment, for the payment of the Products, provided that it proves that all possible precautions were adopted based on the best practices currently available and using ordinary diligence.
The Customer undertakes to pay the price of the goods purchased at the time and in the manned specified in these General Conditions of Sale.
The Customer undertakes, once the online purchase procedure has been completed, to print and keep these General Conditions of Sale.
The information contained in these General Conditions of Sale has been read and accepted by the Customer, who acknowledges it, as this step is mandatory before the purchase confirmation.
Right of Withdrawal
Pursuant to art. 52 of the Italian Legislative Decree no. 206 of 6 September 2005, the Customer (if qualified as a "Consumer" pursuant to art. 3, paragraph 1, letter a of Italian Legislative Decree no. 205/2006 and to art. 1, letter b of Italian Legislative Decree no. 185 of 22 May 1999) has the right to withdraw from the purchase contract for any reason whatsoever and to return the Products ordered, with no penalty and without specifying the reason, within 14 days of receipt of the Products. Once the above notice of withdrawal has been received, the Seller will provide the Customer with instructions on how to return the Products, which must be received by the Seller within 14 days of the notice of withdrawal.
The right of withdrawal can be exercised by the Customer, without specifying any reasons, within 14 days. The withdrawal period expires 14 days after the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the goods.
In order to exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the contract by means of an explicit notice (for example, a letter sent by post, fax or email) by the deadlines specified above. For this purpose, the attached withdrawal form should be used and sent as described below:
- by mail: Opinion Ciatti S.r.l. – Via di Prato, 80 - 50041 Calenzano (FI)
- by fax: +39 055 88709237
- by email: email@example.com
The Products to be returned must be shipped or delivered to:
Opinion Ciatti S.r.l. – Via di Prato, 80 - 50041 Calenzano (FI)
without undue delay and in any case within 14 days from the day on which the Customer has notified their withdrawal from this contract. The deadline is understood to be met if the goods are returned before the expiry of the 14-day period. It is the Customer's responsibility to provide proof of shipment. For the purpose of determining the expiry date of the period, the product is intended as returned when it is delivered to the post office and/or accepting courier.
The direct costs of returning the Products shall be borne by the Customer. Specifically, the Customer shall bear the costs required to return to the Seller the Products subject matter of the withdrawal.
After having verified the integrity of the Product, the Seller shall refund the Customer the full amount paid for the purchase of the Products (or part of it if the Products are damaged) and the shipping costs, using the same means of payment used for the initial transaction, within 14 days of receipt of the Product by the Seller.
The Products must be returned in perfect condition and free of any damage, scratch or dent, in their original packaging and complete with the original accessories, components, and product literature. Additionally, the goods must be duly packaged, in the same way as they were received.
Shipment is the responsibility of the Customer until the receipt of the goods at our warehouse has been acknowledged. If the goods are damaged during transport, the Seller will inform the Customer of the situation, within 5 days of receipt of the goods at its warehouses, in order to allow the Customer to promptly report the circumstance and be reimbursed for the value of the goods (if insured). In this case, the Product will be made available to the Customer for its return, also cancelling the request for withdrawal.
The Seller shall not be held liable for damages, theft, loss of the goods returned with uninsured shipments. When it is received at the warehouse, the Product will be examined in order to asses possible damages or tampering not caused by transportation.
The Consumer is liable for any decrease in the value of the goods caused by using the goods other than as allowed to establish their nature, characteristics, and functioning. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratch, mark, deformation, etc.), have some of their elements and accessories missing, are not accompanied by their instructions and by the original packaging, the Consumer will bear the decrease in the asset value and will be entitled to a reimbursement for an amount equal to the residual value of the Product. For this purpose, the Consumer is invited not to use the goods other than as strictly necessary to establish their nature, characteristics, and functioning and to cover the original packaging of the Products with additional protective packaging to preserve their integrity and protect them during transport, including against writing or labels.
Once the Products have been returned, the Seller will carry out the necessary checks to verify the Products compliance with the conditions and time limits specified in the preceding paragraphs, within 14 days of the actual receipt of the Products. If the checks prove successful, the Seller will send a confirmation by email to the Customer with the acceptance of the Products returned. If the checks prove unsuccessful, the Seller will send an email to notify that a decrease in the value of the returned Products has been detected, resulting from the failure to observe the conditions set out in the preceding paragraphs.
At the same time, the Seller shall notify the amount to be deducted from the sums paid for the purchase of the returned Products; without prejudice to the possibility of receiving back, alternatively and at the expense of the Customer, the Products in the state in which they have been returned to the Seller.
In case of acceptance of the Returned goods, all payments made to the Seller, including delivery costs, will be refunded to the Customer. These refunds will be made using the same payment method used for the initial transaction. The actual timing for re-crediting or returning the sums paid for the purchase of the Products depends on the payment method:
- purchase with credit/debit card: the repayment timing depends on the credit/debit card management company, normally within two account statements. The value date of the new crediting is the same as that of the debit, so there will be no loss in terms of bank interest;
- purchase through PayPal: the refund will be made on the PayPal account and will be immediately available. The actual refund on the credit card from the PayPal account depends on the institution that issued the card;
- bank transfer: the refund is made to the bank account from which the bank transfer was made, so the repayment timing depends on the credit institution where the account is held.
If the Customer, for any reason whatsoever, is no longer entitled to exercise the right of withdrawal, the Seller shall return the purchased goods to the Customer, charging the relevant shipping costs.
The Customer declares to be aware that all trademarks (whether registered or not), names, distinctive signs, commercial names, images, photographs, written texts or graphics used on the online store or related to the Products are, and shall remain, the exclusive property of the Seller, and the Customer shall have no right on them as a result of accessing the online store or purchasing the Products.
The content of the online store may not be reproduced, either in whole or in part, transferred by electronic or other common means, modified, or used for any purpose without the Seller’s prior written consent.
Although the Seller adopts security measures aimed at protecting personal data against any possible loss, falsification, manipulation and misuse by third parties, given the technical features and limitations concerning the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Customer on the online store, even after the login by the Customer, are not accessible or viewable by unauthorised third parties.
Complete -Contract – Changes and Amendments to the Contractual Conditions
These General Conditions of Sale represent all the obligations of the Parties. No other general or specific condition notified by the Customer may be included in these general conditions or constitute an exception to these general conditions.
No changes to the Contract shall be valid or effective unless agreed in writing.
All mandatory conditions provided for by the law, by measures of Public Authorities or other competent entities, shall be automatically incorporated into the Contract, and any clause that is incompatible shall be derogated from. Without prejudice to the foregoing, the Company reserves the right to make unilateral changes to the contract by modifying the contractual conditions, including the economic conditions, provided for in the General Conditions or in the Contract, in the event of changes in the relevant legislative or regulatory environment, as well as in the criteria that contribute to the determination of the economic and contractual conditions. In this case, except where any legal or administrative provisions require an earlier date of application, the Seller shall inform the Customer in writing with an appropriate prior notice. The new General Conditions of Sale will be effective from the date of their publication on store.opinionciatti.com
If one or more of the provisions of these General Conditions are held to be invalid or are declared invalid under a law or a regulation, or as a result of a binding decision of a competent jurisdiction, the other provisions shall remain in full force and effect.
Clauses that may not be invoked by Business customers
Where the order is placed by a Business customer, the provisions of art. 5 (Warranty and return for damaged or faulty items) and of art. 8 (Right of withdrawal) shall not apply.
Applicable law, Attempt at Mediation and Competent Jurisdiction
Any sales contract entered into between the Seller and the Customer under these Conditions shall be governed by, and construed in accordance with, Italian laws and in particular, in case of a contract entered into between the Seller and a Consumer, by the Consumer Code, with specific reference to the regulations on distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce. In any event, the rights recognised to the Consumers under the mandatory provisions of the laws currently in force in the country of such Consumers shall remain unprejudiced.
In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in an amicable mediation attempt that each Consumer may initiate with RisolviOnline, an independent and institutional service provided by the Arbitration Board of the Milan Chamber of Commerce, through which it is possible to reach a satisfactory agreement with the help of a neutral and competent arbitrator, in an amicable and secure manner on the Internet. For more information on the regulation of RisolviOnline or to submit a mediation request, please visit http://www.risolvionline.com.
As an alternative to a mediation attempt, the Consumer is also entitled to access the European Online Dispute Resolution Platform (the European ODR Platform) to settle any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, pursuant to Directive 2013/11/EU and to Regulation (EU) no. 524/2013. Its purpose is promoting an independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations resulting from sales or online services contracts between a consumer resident in the European Union and a professional entity based in the European Union. The European ODR Platform envisages the intervention of an ADR (alternative dispute resolution) body participating in the program, that can be selected from a special list available on the platform. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure through the platform relating to this contract, please click here: http://ec.europa.eu/odr. The e-mail address of the Seller, to be entered in the European ODR Platform, is the following: firstname.lastname@example.org.
In case of failure to participate in the above attempt, or if such attempt proves unsuccessful, the Court of Jurisdiction shall be that of the place of residence or elective domicile of the Consumer, which is mandatory pursuant to art. 33, paragraph 2, letter u of Italian Legislative Decree no. 206/2005. For all other cases the Court of Florence has exclusive jurisdiction.
Amendments and Updates
The General Conditions of Sale are amended from time to time also in light of possible changes in regulations. The new General Conditions of Sale will be effective from the date of their publication on store.opinionciatti.com.
Full Acceptance and Double Subscription
Before placing any order, the Customer declares to have read all of the above mentioned information and General Conditions of Sale.