GENERAL TERMS AND CONDITIONS
- For any business relationships between RADMERCH.EU and the customer, the following General Terms and Conditions apply in their updated version. Customers can be either entrepreneurs or consumers. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either commercial or professional activities. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of commercial or professional activities.
- The representation of products in the online store does not constitute a legally binding offer, but only a non-binding online catalog of the assortment of goods. By clicking the “Buy” button, the customer submits a binding order for the goods contained in the cart. Confirmation of receipt of the order follows immediately after the order is submitted. The sales contract is only concluded with our separate order confirmation.
- RADMERCH.EU reserves the right not to fulfill the promised service if, after the conclusion of the contract, the goods are found to be unavailable, even though a corresponding binding agreement has been concluded. In this case, the customer is informed immediately. Any payments made are refunded immediately. Further claims against
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RADMERCH.EU
- The language of the contract is Italian and English.
- In detail, during an order in the online store, the customer completes the following technical steps:
Clicking the “Go to Checkout” button in the displayed cart
Redirecting to the general order summary page (RADMERCH Checkout), where the individual purchasing steps are completed later
Phase 1 Selection of the “Billing and Delivery Address” (if the customer does not have a customer account and has not logged in; otherwise, the billing and delivery addresses are saved);
- entering the “Billing Address”;
- if the billing address is different from the delivery address, you can click the checkbox “Specify a different delivery address”
Phase 2 In the next section, “All order items” are displayed as a summary; you can modify the contents of the cart
Phase 3 Selection of the “Payment Method” (by clicking on the desired payment method)
o Stage 4 Option to select “Other options” by clicking (different delivery address, shipping date, use of a RADMERCH voucher, comments/notes related to the order)
o Completing the order by clicking the “Buy” button
The customer accesses each of the stages of the order described above through the common functions of their Internet browser.
- 2 Delivery
- If the customer is a business owner, delivery generally occurs at the customer's risk. This also applies in the case of partial deliveries. If the customer is a consumer, the risk of loss and deterioration due to unforeseen circumstances of the sold item, even in the case of distance selling, passes to the customer only upon delivery of the item. Delivery is also considered to have taken place if the buyer is delayed in acceptance. Delivery is made to the delivery address specified by the customer.
- All prices are quoted for cash payment, VAT included, plus any packaging and shipping costs.
- In the case of shipments delivered outside the European Union, any customs duties and taxes are the responsibility of the customer.
- If the customer is a trader, the goods must be inspected by the customer or their representative immediately upon receipt to identify any transport-related damages. The customer, who is a trader, must have the transport company confirm in writing any ascertainable damages due to packaging and transport at the time of acceptance of the goods and report them. While not required to do so, we similarly ask consumer customers to inform us of any recognizable damages due to transport.
- For purchases made online, damages incurred by the goods during transport can only be claimed from the carrier within eight days of delivery.
- 3 Right of withdrawal established by law
- Right of withdrawal
If the customer is a consumer, they have the right to withdraw from this contract within fourteen days, without providing any reasons. The withdrawal period is fourteen days from the date on which the customer or a third party designated by them, who is not the carrier, has taken possession of the last item.
To exercise the right of withdrawal, the customer must inform us, through an unequivocal statement (e.g., letter sent by post, fax, or email), of their decision to withdraw from the contract. For this purpose, they may use the attached withdrawal form template, which is not mandatory.
To respect the withdrawal period, it is sufficient for the customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
- Consequences of withdrawal
If the customer withdraws from this contract, we are obliged to refund all payments we have received from them, excluding delivery charges, immediately and in any case no later than fourteen days from the date we received the communication regarding the withdrawal from the contract. For this refund, we will use the same payment method used by the customer in the original transaction, unless expressly agreed otherwise; the customer will be charged for the shipping costs of this return. We may withhold the refund until we receive the goods back.
The customer must return or deliver the goods to us immediately and in any case no later than fourteen days from the date on which they informed us of the withdrawal from the contract. The deadline is considered respected if the customer ships the goods before the fourteen-day deadline. The costs for returning the goods are the responsibility of the customer.
The customer must assume responsibility for any loss of value of the goods only if such loss of value is attributable to unnecessary use for the purpose of checking the quality, characteristics, and functioning of the goods.
- Exclusion of the right of withdrawal
The right of withdrawal is not possible in the case of
Delivery of unfinished products for which a choice or individual arrangement by the consumer is decisive, or products made clearly to the personal needs of the consumer;
Delivery of sealed goods that, for reasons of health protection or hygiene, are not suitable for return if the seal has been removed after delivery;
Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery;
Delivery of newspapers, magazines, or illustrated periodicals, except for subscription contracts.
The products must not have been used, worn, or washed;
The products must be returned in their original packaging;
The products must be returned in the same condition in which they were delivered to you. Items purchased as new must be returned intact, unused, and undamaged.
- 4 Legal Warranty of Conformity
- If the purchased product has a defect, the legal provisions apply. Notwithstanding this, the following applies:
- For economic operators
A non-substantial defect does not allow the exercise of warranty rights for defects;
The customer must demonstrate the existence of the defect that makes the purchased item unusable for its original purpose and must also prove that such a defect existed before the sale;
o the customer must demonstrate that they have adhered to the criteria that they, as a business, are obliged to comply with when checking the purchased product;
o the customer must inform Stilesardo of the defect within two years of its discovery.
- For consumers, the statute of limitations for warranty rights is:
o for new goods, two years from the delivery of the goods to the customer.
o The assertion of claims for damages presupposes that the buyer informs RADMERCH of the damage within two months of discovering the damage.
- For professionals and consumers, the previous restrictions regarding the statute of limitations and warranty do not apply to claims for damages and expenses incurred that the buyer may assert under legal provisions.
- § 5 Due date and payment terms
- Unless otherwise agreed in writing, RADMERCH invoices must be paid immediately and without discounts. In the case of advance payment, orders are shipped upon receipt of payment, unless the goods are unavailable, which will be communicated immediately. In the case of payment by credit card, the actual charge occurs upon the creation of the invoice. At the time the customer submits the online order, the total amount is reserved on their credit card.
- RADMERCH reserves the right to refuse checks and cash. Acceptance is always only for the purpose of payment. Payments in foreign currency are credited based on the bank statement. Bank charges are the responsibility of the customer.
- In the event that the customer is late in paying the purchase price, interest will be calculated on the amount of the purchase price at the base rate plus five percentage points during this period. If greater damage to RADMERCH can be proven due to the delay, RADMERCH is entitled to assert this.
- 6 Applicable law, competent jurisdiction
- If the customer acts as a consumer under § 1.1, the law of the country in which the customer has their habitual residence applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction for all disputes arising from this contract is the customer's place of residence.
- If the customer acts as a professional under § 1.1, the law of the country in which RADMERCH has its registered office applies to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods. The exclusive jurisdiction for all disputes arising from this contract is the location of RADMERCH's registered office.
- 7 Final clause
For anything not provided for in the General Conditions of the contract, the provisions of the Consumer Code, Legislative Decree 206 of 2005, will apply.
Right of withdrawal
If the customer withdraws from this contract, we are obliged to refund all payments we have received from them, excluding delivery charges, immediately and in any case no later than fourteen days from the date we received the communication regarding the withdrawal from the contract. For this refund, we will use the same payment method used by the customer in the original transaction, unless expressly agreed otherwise; the customer will be charged for the shipping costs of this return. We may refuse the refund until we receive the goods back.
Legal Warranty
General information about the Legal Warranty.
Every product sold by Stilesardo to a "consumer" buyer is covered by the legal warranty on consumer goods, which covers conformity defects that occur within 24 months from the date of delivery of the goods.
What is the legal warranty?
It is the warranty on the sale of consumer goods provided by Community Directive 1999/44/EC, also known as "conformity warranty," which protects you in case the products you purchase have conformity defects with respect to the sales contract ("Legal Warranty").
This occurs, for example, in the case of products that do not function properly, that cannot be used according to the methods declared by the seller or for the purposes for which products of the same type are generally used, that do not have the characteristics or qualities promised by the seller, or that do not meet the use for which you purchased them.
What is the duration of the Legal Warranty?
The Legal Warranty covers conformity defects that occur within 24 months from the date of delivery of the product you purchased, even if the defect was not immediately noticeable at that date. To enforce it, you must inform the seller of the defect within 2 months of discovering it.
Unless proven otherwise, it is assumed that conformity defects that occur within the first 6 months from the date of delivery of the goods existed at that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect.
We recommend that you always keep the purchase receipt found in the product packaging, as well as the shipping and delivery confirmation documents.
Do I have the right to the Legal Warranty?
The Legal Warranty is rightfully granted only to the consumer, that is, to those who purchase products for non-professional purposes. For example, if you purchase a laptop solely for your personal use, you are entitled to the Legal Warranty. Conversely, if you purchase it for use in your work activity, the Legal Warranty does not apply.
Against whom can I assert the Legal Warranty?
If you are a consumer, you can assert the Legal Warranty against the person who sold you the product, even if it is a party different from the manufacturer.
What rights does the Legal Warranty grant me?
If the product you purchased has a defect covered by the Legal Warranty, you are entitled, without incurring any costs, to the repair or replacement of the defective product by the seller. You are entitled to a price reduction or to the termination of the contract in the following cases: (a) if the replacement or repair of the product is not possible or is excessively burdensome; (b) if the seller has not provided either the repair or the replacement of the product within a reasonable time; or (c) if the replacement or repair of the product has caused you significant inconvenience. To determine the amount of the price reduction or the sum you are entitled to in these cases, the use you have made of the product is taken into account. Please note that a minor defect for which it was not possible or is excessively burdensome to pursue the remedies of repair or replacement does not entitle you to terminate the contract.
*All the Sardinian handcrafted products on this site are handmade and are unique pieces. Therefore, it is possible that the delivered items may differ slightly in workmanship. These are not defects but "signs of uniqueness of the handmade product." The glazes and materials used may change and have slightly different coloring depending on the artifact, as it depends on the materials available on the market at the time the artisan performs the work. The product photos on this site are for "illustrative purposes only"; colors may vary slightly from stock to stock, from monitor to monitor, and from smartphone to smartphone.
What to do in the presence of a conformity defect?
To receive warranty assistance for products sold by Stilesardo, you can contact Customer Service.
The operators of our Customer Service will help you resolve the issue encountered while using the product you purchased.
Please note that, in the event of a replacement, we will deliver the substitute product to you within a reasonable time frame, and you will be required to return the non-compliant product within 30 days from the date you received our communication regarding the shipment of the substitute product.