GENERAL CONDITIONS OF SALE
These general conditions of sale apply to any consultation or order placed on the website www.ombrapro.com/ and derivative addresses (hereinafter referred to as "the Site") of The White Paper Srl (hereinafter referred to as the Professional), with registered office in via dei Cipressi, sn - 72010 PEZZE DI GRECO – FASANO (BR) registered with the Brindisi Chamber of Commerce with REA number TA - 203384 and intra-community VAT number IT 03254550738. Confirmation of the order by the buyer implies acceptance without reservation of these general conditions of sale which prevail over all previous or specific versions generated by the buyer, including the exchange of e-mail messages.
The relationship between the Professional and the Consumer is governed by Legislative Decree no. 70/2003, of "Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce", as well as the aforementioned Consumer Code and the provisions of which to these GCS, in force on the date of transmission of the order by the User. These GCS do not have as their object and do not regulate the offer and/or sale of goods and/or services by third parties with respect to the Professional, reachable via links, banners or other forms of hyperlinks that may be present on the Site. The Professional reserves the right to modify these GCS at any time. Any changes will come into force with their publication on the Site. Users are therefore invited to consult the GCS before proceeding with a purchase on the Site.
ORDERS
The purchase of the products marketed by the Professional can take place after registering on the Site or through "quick check-out".
Before proceeding with payment, the User is required to verify the main characteristics of the product(s) added to the cart and the related costs, including taxes and any shipping costs, as well as to check the correctness of the information entered, correcting any data entry errors.
The amount relating to the purchase of the products and any shipping costs is charged in full at the time of electronic transmission of the purchase proposal.
Before proceeding with the transmission of the purchase proposal, electronically, by clicking on the "Pay now" button the User can enter any discount codes to totally or partially offset the amount due
PRODUCT OFFER
The Products are presented in accordance with legal requirements and in the most precise way possible.
Differences may exist between the Products delivered and those present on the Site or in the catalogue, in particular with regard to artisanal Products for which the homogeneity of production cannot be totally guaranteed or for those which have been subject to adaptations linked to technical or technological evolution. Such differences, in the event that they do not concern the essential characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery. Since we cannot guarantee a perfect representation of the Products on the Website and/or in the catalogues, in particular due to differences in color performance by Internet navigation software and/or display screens, OmbraPro cannot be held responsible for the inaccuracy of the photographs appearing on the Site.
ACCEPTANCE OF THE ORDER
Sending the purchase proposal entails the obligation of payment on the part of the User.
By sending the purchase proposal, the User declares to be of age, to have read these GCS and to accept them in full, as well as to have read the information on the processing of personal data.
Pursuant to art. 1326 cod. civil code, the contract must be considered concluded only following receipt of the email with which, having verified the availability of the products, the Professional informs the User of the acceptance of the purchase proposal.
The email accepting the purchase proposal is considered delivered to the recipient when it is made available at the electronic address indicated by the User, in the recipient's email inbox made available by the manager.
With the acceptance email of the purchase proposal, the Professional summarizes the general and specific conditions applicable to the contract, the information relating to the essential characteristics of the product(s) object of the purchase proposal and the detailed indication of the price, including taxes and any shipping costs, information relating to the shipping date and expected delivery date of the product(s), as well as information relating to the exercise of the right of withdrawal.
MINIMUM ORDER
The White Paper Srl establishes a minimum amount per order. This minimum amount serves exclusively to cover the costs of each order and allows us to continue to offer you the widest possible range of furnishings.
3 - PRICE / PAYMENT
PRICE OF PRODUCTS
The prices of the products are indicated in Euros, including taxes related to the sale of the products (including VAT). They are guaranteed until the new catalog is published.
The Professional reserves the right to modify, at any time, the prices applied. It is understood that the User will be charged the costs indicated in the summary resulting from the order proposal sent to the Professional, regardless of any price changes, increases or decreases, which occur subsequent to said sending.
DELIVERY COSTS
Delivery can be made by a courier or by postal parcel. The type of transport will be specified when ordering. For orders larger than 1 m³ in volume, a special shipping charge may be required. You can return the purchased item, if this is not an item produced on request, by communicating your intention within 14 working days from the date of delivery of the order. The return is free if you choose an exchange or a purchase voucher, otherwise the shipping costs for the return will be paid by the buyer.
For foreign locations and for bulky items, shipping costs may vary which will be communicated to the customer promptly.
The White Paper Srl is not responsible for any delays in delivery due to unforeseeable causes or causes not attributable to it. In contracts which place the obligation on us to ship the goods, the risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the Consumer only when the latter, or a third designated by him and other than the carrier, physically takes possession of the goods.
PAYMENT
To proceed with the payment, the User must select one of the available methods, including bank transfer, credit card, PayPal or Pagolight.
Payment, made exclusively in euros and in full at the time of the order, by credit card or bank transfer, unless otherwise indicated at the time of the order, must be addressed to:
The White Paper Srl
Massafra Road 139
Martina Franca
74015 (TA) Italy
Payment by bank transfer
In case of payment by bank transfer, the User is required to take note of the amount and the order number, which he must then indicate in the reason for payment. By opting for this method, shipping and delivery times will start from the date of receipt of the bank transfer by the Professional. In any case, the order for which payment has not been received by the Professional within 8 days of sending the order itself will be considered void.
Payment by credit card
Credit card payments are protected by Banca Sella's GestPay system, in compliance with Italian and international interbank regulations. This solution allows the buyer to purchase the Products in complete safety. In case of payment by credit card, the buyer´s bank details will not be stored by OmbraPro, but directly transmitted to GestPay of Banca Sella.
As part of its fight against internet fraud, The White Paper Srl may be required to verify customers' bank details and/or identity before each delivery. By placing an order online, the customer undertakes to provide The White Paper Srl with the requested documents. If the elements requested by OmbraPro are not supplied within the established deadline, The White Paper Srl reserves the right to cancel the order which is subject to checks.
Since orders are taken into consideration only after confirmation of payment, it will not be possible to apply discounts or penalties for delays.
Payment with Paypal
In case of payment via PayPal, the User will be redirected to the intermediary's website and the payment will be managed according to the terms and conditions of the contract provided by "PayPal (Europe) S. à rl et Cie, SCA".
Before proceeding with the transmission of the purchase proposal, electronically, by clicking on the "Pay now" button the User can enter any discount codes to totally or partially offset the amount due
In case of purchase through "express check-out" the User will be redirected to the PayPal website, where he can access his account or make the "Payment as an unregistered user". In the latter case, after entering a valid email address, the User must provide billing data and contact information. All information will be managed by PayPal (Europe) S. à rl et Cie, SCA”.
PayPal is a secure payment method that allows you to pay for your items quickly without sharing your bank details with seller sites. It is sufficient to have indicated this data when creating your PayPal account. At that point they are encrypted and secured once and for all. If you already have a PayPal account, you can use it on our site to pay for your purchases quickly and safely.
If you don't have a PayPal account, you can still choose this payment method. When you pay, you will be directed to a PayPal page where you will have to indicate your bank details [and choose whether or not to create a PayPal account].
Payment with Pagolight
In case of payment in installments with Pagolight, the user will be able to defer the payment of the entire purchase, with automatic monthly debit on their current account.
By browsing the site for each product where deferred payment is available, the user will have the possibility to use a simulation of the installment that would be paid by choosing this payment method. By filling out the online request in a few minutes, digitally signing the contract, the user will have the possibility to pay in installments in a clear and simple way.
BILLING
The invoice addressed to the customer contains the information provided by the latter when sending the order. The customer can change the data with each new order sent through the site.
To receive an invoice, the customer MUST enter the tax code/VAT number when sending the order or communicate it within 2 hours of payment.
If this does not happen The White Paper Srl will not issue an invoice and will record the payment in its compensation register.
If acting in his capacity as a professional, the customer is required to contact The White Paper Srl Professional Service - before the definitive validation of any order - to issue the invoice for professional use. The professional customer will thus communicate to The White Paper Srl all the data necessary for issuing the invoice, including intra-community VAT.
DELIVERY
DELIVERY METHODS
Once the order has been placed on the site, an indicative delivery date will be communicated and the buyer will be sent a confirmation email. Delivery times vary from 2 to 21 working days. The delivery of the order will be carried out by a courier who will deliver the packages/pallets to the lobby of the customer's home. Prices do not include delivery to the floor, porterage service or assembly . Your order will be delivered within 10/15 days of receiving payment.
The delivery of the order will be carried out by a courier specialized in the delivery of furniture. The furniture will be delivered packaged in a protective covering, in a carton or on a pallet to ensure maximum protection. The White Paper Srl delivery service will send the buyer an email with the tracking number as soon as the goods have left the warehouse; in this way the buyer will be able to track his package online. Attention: it is necessary to specify when ordering whether the place of delivery is easily reachable by heavy vehicle or whether it is a remote area or one with limited traffic .
Items will be delivered within approximately 15 working days in Italy and 3-4 weeks in other countries from confirmation
The White Paper Srl assumes no responsibility for delays and/or disservices not attributable to it, in the event that it is unable to execute the order within the expected time frame.
The inability of The White Paper Srl carriers to deliver the products on the agreed date, in the event of the buyer's absence or lack of information regarding the need to resort to specific means of delivery, may give rise to payment of additional delivery costs and/or cancellation of the order by The White Paper Srl.
The risks of the Product are transferred to the buyer from the moment of delivery or from the day on which The White Paper Srl couriers arrive for the first time, to the agreed date.
If the respective availability dates of the Products in an order are different, The White Paper Srl will propose to the buyer to split his order. In the case of fractional delivery, the participation in the delivery costs provided for in point 3.2 will be applied to each fraction of the order. In the absence of split delivery, delivery will take place on the date of availability of all the Products ordered.
In the event of cancellation of an order already sent and processed, The White Paper Srl reserves the right to withhold part of the amount paid by the buyer to cover the expenses incurred.
RECEIPT AND COMPLAINTS
At the time of delivery, the buyer must carry out all the necessary checks to detect any failures, shortages, defects, other apparent defects or non-conformity of the Products delivered with the order. In particular, the buyer must check the state of the packaging, the number of packages and the Products in terms of quantity, codes, state and characteristics. For complaints without a reserved signature and specific problems, the company assumes no responsibility for damaged items.
In the event of a complaint, the buyer must contact the shipping department of The White Paper Srl.
The buyer must:
- indicate on the delivery note the precise and justified reserves in the event of damage or missing goods, as general reserves such as "subject to unpacking" are insufficient;
- confirm reservations for missing or damaged goods and formulate other reservations, by registered letter with return receipt to the customer service of The White Paper Srl – Str. Massafra 139/D – 74015 Martina Franca (TA) Italy;
- confirm reserves for missing or damaged goods by registered mail with return receipt to the courier, within 3 days of delivery, excluding holidays.
- The buyer must send a copy of this complaint to The White Paper Srl within the same deadlines.
Furthermore, the buyer must be able to provide any justification regarding the veracity of the claims invoked and grant The White Paper Srl, its couriers or any other person appointed by them, the possibility of verifying the facts. Therefore, the buyer must refrain from intervening or having a third party intervene for this purpose.
Accepted complaints will give rise to the replacement of the defective or non-compliant Product, or to its reimbursement in the event of unavailability of the Product in stock or with suppliers. The returned Product must be delivered to The White Paper Srl couriers in perfect condition, in its original packaging and equipped with all its accessories. No goods returned spontaneously will be accepted without prior agreement from The White Paper Srl.
PRODUCT WARRANTY / LIABILITY
WARRANTY EXTENSION
The Products are guaranteed for 2 years from the date of delivery against manufacturing, material or design defects. During the warranty period, The White Paper Srl undertakes, at its discretion, to replace or refund the Products which it itself recognizes as defective. The replaced Products are covered by the warranty for the remaining period of time. The following are excluded from the guarantee:
- damage to the Product resulting from normal wear and tear in relation to its nature, function, composition and price; small differences found on the Products, such as those defined in article 2.1; Products used too intensively, or for purposes other than private ones; any defect in the Product which may result from incorrect installation, storage, conservation or assembly (failure to comply with the assembly instructions), from a maintenance defect, poor use or use that does not comply with the technical or usage specifications (failure to comply with the maintenance instructions and maintenance), modifications or repairs carried out by the buyer or a third party, deterioration caused by external objects (excessive weight television placed on furniture not designed for this purpose), external events such as accidents, blows, fires, acts of vandalism, leaking pipes, natural or artificial lights (in case of discoloration), natural disasters or bad weather.
Sofas whose product data sheet bears the wording "5-year guarantee" are guaranteed starting from the date of purchase: 5 years for the structure, the feet, the fixing elements, the mechanism of the convertible sofas, the bottom canvas and the foam of the upholstery. 2 years for the padding of the backrest and seat cushions1 year for the upholstery and mattress of the convertibles
ACTIVATION OF THE WARRANTY
To activate the guarantee, the buyer must contact The White Paper Srl customer service. To benefit from the guarantee, it is mandatory to present the original invoice.
RESPONSIBILITY OF THE WHITE PAPER
The responsibility of The White Paper Srl for the Products delivered, including that within the scope of the applicable contractual or legal guarantees, is provided exclusively within the limits expressly established by law.
RIGHT OF WITHDRAWAL
The private consumer purchaser has a withdrawal period of 14 working days from delivery of the Product which allows him to cancel all or part of his order and return the Product at his expense. This right is not applicable to Products manufactured according to the buyer's specifications, used products, customized products or which, due to their nature, cannot be returned or are susceptible to deterioration. To exercise his right of withdrawal, the buyer must send us a detailed email on the problems encountered with the product with photos attached.
The request will be sent immediately to customer service who will (assess the problem and) contact the buyer to organize the return of the product indicating the procedure to follow, which differs depending on the original shipping method. Shipping costs are the responsibility of the buyer, except in the case of non-conformity of the items. The buyer will be reimbursed, as soon as possible and at the latest within 14 days following the date on which the right of withdrawal was exercised, of the amount paid, less the shipping costs incurred by The White Paper Srl , only in the case of where the Product has been returned in perfect condition, in its original packaging and equipped with all its accessories.
INTELLECTUAL PROPERTY
The elements published on the The White Paper Srl website, including, in particular, the logo, registered trademarks, texts, photographs, images, drawings, models or tables, constitute works protected by intellectual property rights or personal rights. The total or partial reproduction or representation of this site is therefore prohibited without prior and express agreement of the owners of such rights and may constitute an act of counterfeiting sanctioned by the provisions of the Intellectual Property Code and/or a criminal act such as to imply the civil liability of violators of the aforementioned rights.
USER RESPONSIBILITIES
The responsibility for browsing the website www.ombrapro.com lies entirely with the user. The White Paper Srl cannot be held responsible for failures, errors or computer viruses that could hinder the continuity of access to its site or malfunctions that may be encountered in users' PCs following access to the site. Consequently, it will not be required to repair direct or indirect damages that may be linked to the use, access to the site or downloading of elements contained in the site (images, texts, video files).
The White Paper Srl collects the buyer's personal data necessary for registering and processing orders and/or responding to requests for information. In accordance with the law on privacy, the buyer has a right of access, rectification, opposition and cancellation of his personal data. For any information, contact info@ombrapro.com
MAJOR FORCE
Neither Party will be held responsible for the total or partial failure to fulfill its obligations, to the extent that such failure is due to unforeseen circumstances or the occurrence of an element constituting force majeure such as, without limitation to the following list, flood, fire , storm, lack of raw materials, loss of products in delivery, transport strike, partial or total strike or lockout. The Party that suffered the delay must notify the other Party of the onset of a force majeure event as quickly as possible and at the latest within five (5) working days of the occurrence of such event.
The parties must agree as quickly as possible in order to jointly determine the methods of execution of the order for the duration of the case of force majeure.
If the case of force majeure lasts longer than one (1) month, either party may not honor the order and The White Paper Srl will have the duty to reimburse the buyer, where necessary, of the sums paid by him under the order in question.
TRIAL
By express agreement between The White Paper Srl and the buyer, the e-mails will be authentic between the parties, as will the automatic registration systems used on the Site, in this case with regard to the nature and date of the order.
In accordance with the conditions set out in common law, the buyer can access the electronic contract finalized with The White Paper Srl. To this end, he must contact customer service by email and provide all the necessary information, in particular the number of order and its coordinates.
PARTIAL NULLITY
If one or more clauses of these general conditions of sale are considered null or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other clauses will retain all their force and scope. .
DO NOT GIVE UP
The fact that one of the Parties has not requested the application of any clause of these general conditions of sale, whether permanently or temporarily, cannot in any case be considered as a waiver of the rights of that Party deriving from the aforementioned clause.
TITLE
In case of difficulty of interpretation between any article or chapter title and any clause, the titles will be considered non-existent.
The White Paper SrlINTEGRITY OF THE CONTRACT
These general conditions of sale and the summary of the order sent to the buyer form a contractual whole and constitute the entirety of the contractual relationships between the parties.
APPLICABLE LAW/JURISDICTION
The relationships between buyers and OmbraPro, referring to orders transmitted on the Site, will be subject to Italian law, without prejudice to the mandatory provisions of the law of the consumer's place of residence.
Registered office: Str Massafra 139/D
74015 Martina Franca (TA)
Telephone: 3770832685
OPINIONS OF OUR CUSTOMERS
On our site we publish the opinions of customers who have purchased the product they are commenting on, not those of customers who simply appreciate the product for its aesthetics, its practicality and other reasons without having tried it. The opinions must serve to guide other users in their choice.
Customers who communicate their opinion are responsible for the content they publish and the consequences of their publication. They undertake not to publish content that is contrary to the laws in force, public order and decency or that violate personal rights. They also undertake to express themselves in correct and understandable language and not to communicate personal data.
To avoid any form of abuse and preserve the spirit of this service, The White Paper Srl reserves the right to control, moderate and decide whether or not to publish its customers' comments.
When a customer publishes an opinion on our site, their personal data may be recorded. Each user has the right to access his data, to rectify or delete them.