1 - Purpose and definitions
2 - Creation and use of the account
3 - Purchase procedure and conclusion of the contract
4 - Availability and representation of the Products
5 - Price, shipping costs and payment methods
6 - Accounting documentation
7 - Delivery methods
8 - Limitations in the delivery of products
9 - Right of withdrawal and return
10 - Defects and legal guarantee of conformity
11 - Limitation of Liability
12 - Modification of the General Conditions of Sale
13 - Substitution clause and miscellaneous
14 - Protection of personal data
15 - Applicable law and competent court
16 - Site content and intellectual property rights
17 - Contacts
These general conditions of sale (hereinafter also "GCS") regulate the purchase, through telematic methods, of the products presented on the website www.apoggi.com, owned by Armando Poggi Srl, with registered office in Via Calzaiuoli 103 / R, 50122 Florence, Tax code and VAT number 05041660480, registered in the Florence Business Register with no. 514037.
These GCS are an integral and essential part of the purchase contract for any product. An order placement implies their acceptance by the Customer. The GCS can be viewed and downloaded at any time from the website www.apoggi.com and, in this regard, the Seller recommends that the Customer saves or prints them at the time the purchase order is sent.
The Seller may make changes or additions to these General Conditions of Sale at any time with effect from the date of publication on the Site. In any case, the Customer will be bound exclusively by the General Conditions of sale governed by the text in force at the time of purchase.
It should be noted that provisions of the GCS referring to consumers (as defined below) are applied exclusively to subjects that fall within the relevant definition based on current legislation. Consumers will benefit, in particular, from all the protections provided in the event of the conclusion of distance contracts according to Title III, Section II, of Decreto Legislativo 6 September 2005, n. 206 (Codice del Consumo), as well as all the further protections mandatorily provided for, in favor of consumers by the Codice del Consumo itself and by any other applicable law.
The right of withdrawal in favor of consumers is governed by the following provisions.
Armando Poggi S.r.l. Customer Service is available for information, complaints and disputes at the following e-mail address firstname.lastname@example.org.
Armando Poggi S.r.l. is available, also by telephone, to offer customers any clarification or information regarding the content of the GCS, the contract, and the related regulations, as well as any complaint that may arise.
1. Purpose and definitions
These provisions apply to all orders relating to the purchase of products forwarded to Armando Poggi S.r.l. through the website www.apoggi.com.
The information referred to in these General Conditions of Sale and the details contained on the Site do not constitute an offer to the public pursuant to and for the purposes of art. 1336 of the Italian Codice Civile, but a mere invitation to the Customer to formulate a contractual proposal for the selected product, remaining in the full discretion of the Seller for any decision regarding the acceptance of any proposals made.
There will be no contract between the Seller and the Customer in relation to any product until the formal and explicit acceptance of the purchase by the Seller. The acceptance of the order will be communicated to the Customer by sending a confirmation e-mail. The Seller's obligations to deliver the goods sold will arise only upon receipt of payment of the price.
The products on the Site are offered for sale exclusively to individuals who have reached the age of eighteen.
If the Customer wishes to make purchases in the name and on behalf of a legal person and intends to receive the relevant invoice, they must choose the appropriate option at the time of checkout.
The resale, rental or transfer of products purchased from the Site for any commercial or professional purpose is expressly prohibited.
The following definitions apply within these GCS, it being understood that the terms used in the singular can also be understood in the plural and vice versa.
“General Conditions”: these general conditions of sale and any future new versions that may be published in the online shop;
“Consumer”: any natural person who places an order for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
“Customer” or “User”: any person (natural or legal person) who purchases one or more products through the Online Shop, accepting the General Conditions;
“Seller”: Armando Poggi S.r.l .;
“Parties”: jointly Armando Poggi S.r.l. and the Customers;
“Contract”: any agreement between Armando Poggi S.r.l. and a Customer about the purchase by the latter of one or more products;
“Order”: any proposal regarding the purchase of one or more products or services, made by the Customer towards Armando Poggi S.r.l.
2. Creation and use of the account
The Customer can register on the Site and create his / her personal account (hereinafter "Account") to take advantage of a simplified purchase procedure, keeping track of placed orders, while storing and keeping up to date certain information and personal data (eg. Your data and the purchases made) necessary or useful to proceed with the purchase. By creating an Account, the Customer accepts the conditions of use of the service "Create Account", referred to in this point of the General Conditions. If the Customer does not agree with these conditions of use, it is requested not to proceed with the creation of the Account.
The data of each order will be saved by www.apoggi.com on its systems. To protect the confidentiality of such information, the Customer's access will be allowed only after a prior authentication in the reserved area of the site through the insertion of specific access credentials by the Customer, attributed at the time of registration on the site itself. In this reserved area, after entering their credentials, the Customer can consult the concluded contracts, the pending orders, and those just placed, as well as update and save their contact details, any bank data, and / or data relating to the subscription to the newsletter service. The Customer undertakes the responsibility to treat their credentials for access to the aforementioned reserved area of the site confidentially and not to make them available to third parties.
Registration on the site is free. The registration credentials must be used exclusively by the User and cannot be transferred to third parties. The User must notify Armando Poggi s.r.l. without delay in case of suspected improper use of the same. The registration credentials can be changed by the User at any time by accessing the "My Account" section on the site.
The User guarantees that the registration credentials provided during the registration process on the site are complete, correct, and truthful. The User agrees to keep Armando Poggi S.r.l. free from any compensation obligation, sanction deriving from and/or in any way related to the violation by the User of the rules on registering on the site. The User is solely responsible for accessing the site using the registration credentials and is directly liable for any damage or injury caused to Armando Poggi S.r.l. or to third parties from improper use, loss, misappropriation by others, or failure to protect adequate secrecy of their registration credentials. All operations carried out using the registration credentials are considered to have been carried out by the Customer to whom the registration credentials refer.
Armando Poggi S.r.l. reserves the right to refuse, at its sole discretion, the registration of any User and also reserves the right not to accept orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the site, as well as with the improper or suspicious use of gift vouchers referred to in the following provisions.
The User may cancel their registration at any time.
3. Purchase procedure and conclusion of the contract
Each product selected by the user is visible on a specific web page that contains the model, color, material, measurement, photographic images, and unit price (including VAT).
The Customer, by selecting the items, will add these products to the cart, within which a summary of the selected products will be displayed, together with a photographic image that allows an adequate representation of the products.
The Customer is required to verify the accuracy of the contents of the cart before confirming the order.
By clicking on the "Complete Order" button, the Customer will confirm and send the order - which constitutes a purchase proposal by the Customer to the Seller - and will make the payment using the previously selected method. By clicking on the "Complete Order" button, the Customer declares to accept in full and without reservation all these General Conditions of Sale.
Following the Order placement by the Customer and the receipt of the same by the Seller, the Customer will receive an e-mail confirming the order to the address provided in the online purchase order form, containing the summary of the main contractual conditions and the link to the page including the complete version of the General Conditions of sale, already accepted.
After the confirmation message, the order can no longer be modified or cancelled by the Customer.
Following the order placement, the Seller will verify the accuracy of the data transmitted and the payment. The Seller will process the order only following a positive outcome of this verification.
The Seller reserves the right to refuse purchase orders from a Customer it deems unsuitable to fulfill its obligations.
The purchase order processed will be filed in the Customer's reserved area, accessible on the Seller's website, and the Customer will have the opportunity at any time to follow the order status.
An invoice, receipt, or equivalent document for each order will be available online in the "My Account" section on the day of payment. In the event of total cancellation of the order by the Customer, the Seller will issue a credit note and / or an equivalent document which will also be uploaded in the "My Account" section on the day of cancellation. The aforementioned documents will remain available to the Customer for one year in the aforementioned "My Account" section.
Before proceeding with the placement of any order, the Customer is invited to carefully read these GCS which, once the order has been placed, will be considered known and accepted.
4. Availability and representation of the Products
The Customer acknowledges that the stocks of the products offered by the Seller through the site are limited. The Seller will take all reasonable steps to ensure that the products displayed on the Site are available for online purchases by the Customer. However, occasionally, there may be problems with the availability of certain products. In such circumstances, the Customer will be duly informed by e-mail or by telephone no later than 30 days from the date of confirmation of the purchase order.
If the aforementioned hypothetical situation were to occur, the Customer will be offered the possibility to choose between canceling the order of the single item or of the entire order and, therefore, consequently, the Customer will be entitled respectively to a refund of the price of the single item or of the entire order.
Shipping costs will be refunded only if the entire order is cancelled.
The Seller will refund the price through the same payment method used by the Customer to make the purchase and will also issue the cancellation document. If the customer has paid by cash upon delivery, the refund will be made by bank transfer.
The Seller reserves the right to change or update the products offered on the site at any time, without prior notice.
Although the Seller constantly adopts measures to ensure that the photographs shown on the site represent a reproduction as close as possible of the products displayed, it is always possible that some divergences may occur also caused by the technical characteristics and the quality of color resolution with which the screen used by the Customer is equipped with. As a result of the aforementioned technical reasons, the Seller does not provide any guarantee or assume any responsibility in relation to the absolute accuracy of the graphic representations of the products shown on the site.
5. Price, shipping costs, and payment methods
The prices of the products available for sale are expressed in Euros (EUR).
The prices of all products offered for sale on the site include VAT.
The total amount, together with the shipping costs to be paid by the Customer as specified below, will be highlighted in the Cart and in the order summary page, the latter viewable by the Customer in the Cart before confirming the order, according to the above procedure.
The Seller reserves the right to change the prices of the products offered for sale on the site at any time and without notice. The prices published on the site at the time the order is sent by the Customer will be charged to the Customer, except as provided in the event of non-availability of the products.
Any changes to the prices on the Site will not apply to orders already completed by selecting the "Complete Order" button.
The mere inclusion of the product in the Cart does not guarantee that the prices of the selected products will not be changed.
If due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, the Customer will be contacted by Customer Service to check whether he still wishes to purchase the product at the correct price. Otherwise, the order will not be accepted.
The products will remain the property of the Seller until the user has paid the purchase price and expenses.
The Seller only accepts payments made by credit card, bank transfer, and PayPal. In the case of payment by credit card, the conclusion of the purchase takes place exclusively following the verification of the customer's credit card data. It is understood that, in the event of non-acceptance of the order, the Seller will promptly refund the customers any amounts already paid.
6. Accounting documentation
The Seller will issue the accounting and tax documentation relating to the purchase of products through this site based on the data provided by the Customer when completing the order form or registering their personal account.
If the Customer registers in the name and on behalf of a legal person, the accounting and tax documentation will contain the data indicated at the time of registration. The Customer may proceed to change the account details at any time by accessing the "My Account" reserved area.
7. Delivery methods
When completing the order, the Customer has the possibility to choose between the following two delivery methods:
1) Collect in store:
By using the "Collect in store" delivery method, the Customer will collect the product purchased at our store in Via Calzaiuoli, 103R Firenze at no additional cost. Collection from the store by the Customer must be made within 10 days of the Seller sending the confirmation of the availability of the goods in the store.
If the Customer cannot collect the goods, they may delegate in writing a person appointed by them for the collection, specifying the name, surname, date, and place of birth of the delegate, as well as the number of the identification document of the same, which affix its own form for the pick-up of the asset.
2) Shipping and home delivery by courier / carrier chosen by the Seller:
Delivery refers to the street level of the address that will be provided by the Customer. Any damage to the items delivered must be reported to Armando Poggi s.r.l. no later than 48 hours from receipt of the goods. Breakages must be documented with photographs. Since the complaint is subject to inspection, the internal and external packaging must be retained to allow inspection by the courier.
In the case of shipping and home delivery by courier, the shipping costs will be viewable by the Customer in the Cart, before confirming the Order, and on the purchase order summary page.
The products will be shipped to the delivery address that the Customer has indicated during the formation of the Order. The participation in the costs for the preparation and shipment of the Order is inclusive of VAT. The customer will be notified of the shipment by e-mail. The Customer has the right to choose the place of delivery. In case of absence at the time of passage for delivery to the address indicated by the Customer, a notice of passage will be deposited in the letterbox. The Customer may agree to a second delivery attempt with the courier.
If the second delivery attempt is also unsuccessful, the package will be returned to the Seller. Customer Service will contact the Customer for a possible new shipment and, in the absence of a reply within 30 days, will proceed to refund the Order excluding the shipping costs incurred by the Customer at the time of order confirmation. In case of free shipping, the Seller reserves the right to provide for the recovery of the same.
The Seller will endeavor to deliver the products to the Customer as soon as possible. The maximum deadline for delivery is thirty working days from the date of the Order unless otherwise specified to the Customer before the final confirmation of the Order. In this case, the Seller will indicate to the Customer the different delivery terms.
Simultaneously with the shipment of the package containing the items ordered, the Seller will send the Customer an email to the address indicated in the order form which will contain a tracking number to track the shipment and a link that will allow the delivery to be monitored.
In the event of problems or delays in delivery of more than 10 working days following the date indicated in the order confirmation email, the Customer is required to report it to the Seller by contacting Customer Service at the e-mail address email@example.com.
The Customer will be informed by e-mail of the possible partial delivery of an order. A subsequent e-mail with information on the delivery of the other products or services requested.
Each delivery is considered to have been made when the product or service is made available to the Customer by the carrier. Delivery can be verified through the tracking link sent to the Customer by e-mail at the time of shipment. Without prejudice to the right of withdrawal granted to the Customer pursuant to these GCS. It will be the Customer's responsibility to check the shipment at the time of its arrival and make all reservations and disputes that it deems founded, as well as reject the package if it finds that it may have been opened or if the package should show evident traces of deterioration. Such complaints must be indicated on the delivery note and communicated to customer service by email at firstname.lastname@example.org by 24:00 on the following working day of the delivery of the Order. Customer Service will then open an investigation with the courier or carrier. The Customer will receive an e-mail message with which he will be informed that an investigation has been opened.
The package ready for shipment is shipped via the courier chosen by the Seller.
The Customer is informed of the shipment by means of an e-mail message which indicates the products and the reference number of the package which allows you to monitor the status of the shipment by accessing the indicated link or at the Customer Service reachable at 055 / 211719 from Monday to Friday from 09:00 to 18:00.
The Customer also has the possibility to track the status of the shipment of his package on the website of the chosen courier, which will be communicated to the Customer.
8. Limitations in the delivery of products
The Seller will not dispatch any order addressed to a PO box, nor will it accept any order in which it is not possible to identify the person who placed the order, the recipient of the products ordered, and the delivery address.
9. Right of withdrawal and return
The Customer has a maximum term of thirty (30) calendar days from the date of delivery of the product to communicate his total or partial withdrawal from the contract with which he purchased the product following current legislation. If the return does not take place within this period, the withdrawal becomes ineffective. The Customer will not have the right of withdrawal in the cases provided for by art. 59 Legislative Decree 206/2005 and ss. mm.
To exercise the right of withdrawal, the Customer must contact us at email@example.com, specifying, if desired, the reasons for the return and the quantity of items intended for return.
Following the electronic compilation of the Return Form according to the Instructions contained in the "Shipping and returns" page, the Seller will provide the Customer with the details for the return shipment.
In case of exercise by the Customer of the rights of withdrawal / return, the same must undertake to return the products within 30 days from the date of exercise of the right of withdrawal, i.e. within 30 days of sending the return request by e-mail, and must consequently entrust the returned products to the courier. The shipping costs associated with the return of the products are charged to the customer.
The Customer must send the product or products to be returned, with a courier of his choice, to the operational offices of Armando Poggi S.r.l. located in via Calzaiuoli 103r Florence.
The Seller will not be required to bear these costs exclusively if the Customer has not followed the instructions provided in the "Shipping and returns" section of the Site.
The Seller will undertake to reimburse the price of the returned product, in the shortest possible time, and in any case within 30 working days from the date of receipt of the return on site, provided that the products have been returned intact and unused, together with the packaging / original packaging and the guarantee seal which must be intact.
The refund will be made by crediting in the same manner in which the purchase was made. In case of purchase on delivery, the refund will be made by bank transfer.
If the Customer exercises the right of withdrawal / return in a way that does not comply with the terms and conditions set out in the withdrawal / return procedure referred to in these General Conditions, the Customer will not be entitled to any refund.
The Seller will check whether the returned products are actually in their original condition; if the products returned by the Customer are damaged, without the guarantee seal, incomplete, deteriorated, and / or stained, they will not be refunded. In particular, the product must be returned, properly packaged in its original packaging, in a perfect state for resale (not ruined, damaged, or stained) and equipped with all its accessories, instructions for use, and documentation, with the invoice so to allow the Seller to identify the Customer (Order number, name, surname, and address) without clearly showing signs of use other than those compatible with carrying out a test of the same, i.e. that it does not bear any trace of prolonged use (of more than a few minutes) exceeding the time necessary for a test and which is not in a state that does not allow its resale.
Any damaged items must be reported to the Seller no later than 48 hours after receipt of the goods. Breakages must be documented with photographs. Since the complaint is subject to inspection, the internal and external packaging must be kept to allow inspection by the courier.
The Seller has the right to request compensation for any damage or in the case of non-correspondence with the products previously delivered to the Customer. If the return of the products for withdrawal or return is entrusted to a carrier other than that indicated by the Seller, the latter will not be responsible for the loss of products, shipments to incorrect addresses, or delays in the delivery of products, it is understood that the Customer assumes all risks and costs of such shipment.
In the event of a request to return the returned product, the shipping costs are charged to the Customer.
10. Defects and legal guarantee of conformity
At the time of delivery, the Customer must check the products and make sure that they correspond to the items ordered. Any anomaly found on delivery (for example tampering or damage to the packaging, damaged products, missing items, etc.) must be indicated on the delivery document and signed by the Customer.
If the products do not correspond to those ordered, the Seller invites the Customer to promptly notify the Customer Service at the email address firstname.lastname@example.org. In this case, the Customer will have the right to demand the execution of the order, subject to the return of what has been received, or, in the event of unavailability of the products ordered, to order different items of the same nature or to be reimbursed for any price difference or to cancel the entire order.
The costs incurred by the Customer for the return of defective or non-compliant products will be reimbursed by the Seller only if sent by courier authorized by the Seller.
The products purchased by Customers are covered by the legal warranty in the event of non-compliance of the same if it occurs within a period of two (2) years from the date of delivery, as established by current legislation. The Customer must inform the Seller of the non-compliance within two (two) months of its discovery.
The Customer must observe, at all times, the provisions of the information sheet of the manufacturer of the Product, or that of the official distributor in Italy, and the instructions for its correct use and installation, as well as all information relating to the warranty.
11. Limitation of Liability
The warranty does not cover defects caused by negligence, shocks, improper use or handling, installation and / or use that does not comply with the instructions for use, nor damage from normal wear and tear of materials or perishable products. Products modified or repaired by the Customer or by any other person not authorized by the manufacturer or supplier are also excluded from the warranty. The Seller, beyond willful misconduct or gross negligence, will also not be responsible for any loss of business or business opportunities.
If the manufacturer grants additional commercial guarantees, in order to exercise them it will be necessary to have kept the corresponding guarantee certificate or, as the case may be, to follow the extension procedures indicated by the manufacturer.
The Seller declines all responsibility for any damage resulting from the inaccessibility of the Site, from service interruptions, or problems connected to the network, to the providers, and more generally from the failure of the electronic devices used by the Customer.
12. Modification of the General Conditions of Sale
On the occasion of any modification to these GCS, the Seller will promptly publish the modified GCS on the site.
The modified GCS will become an integral part of the new contracts, starting from the first order placed by the customers, following their publication on the site. In the case of orders already forwarded before such communication, the previous version of the GCS will apply.
13. Clause of substitution and permanence of the effectiveness of the contract
If a present or future provision of the GCS and / or the contract should be or become completely or partially null and / or ineffective or there is a gap in the provisions of the GCS and / or the contract, the remaining provisions of the GCS and the contract in any case they will remain valid and effective. It is understood that Armando Poggi S.r.l. and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and / or ineffective clause to achieve the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.
The information exchanged through the Website is authentic between the Parties. Elements such as the time of receipt or issuance of data or the quality of the data received will prevail according to what appears in the Seller's computer system, without prejudice to the Customer's right to offer proof to the contrary. The effectiveness of the proof provided by the Seller's computer system is equal to that recognized in an original written and signed document.
14. Protection of personal data
Armando Poggi S.r.l. reserves the right to keep the data of each order as well as the contact details of the Customer for the sole purpose of using them for the correct execution of the order, of any complaints regarding the guarantee of the item and / or of recommendations or instructions to the Customer relating to the article. The storage and processing of data will take place in accordance with the content of the information regarding the protection and use of personal data by the Seller.
The Seller on its site is equipped with one of the most effective data security systems, with anti-interference and anti-encryption systems to protect the data related to the payment methods used. The Seller does not have access to sensitive data related to the means of payment of the Customers.
(ii) Authorization for processing
The Customer authorizes the Seller to process their personal data. The Customer's consent to the processing of personal data by the Seller is an essential condition for the execution of the Order.
The Seller undertakes to respect the confidentiality of the personal data communicated by the Customer on the Website and to treat them in compliance with the GDPR 679/2016.
The Seller informs that the Customer's personal data will be used by its internal services, its branches and / or for:
- for the processing of the Customer's order;
- to strengthen and personalize communication, in particular by sending the newsletter, special offers (competitions, games, etc.) and informational e-mails as part of the personalization of the website, according to the preferences of the Members.
The Seller informs the Customer that he may also communicate such personal data to ensure the delivery of orders by his appointees, the execution of certain aspects of after-sales services and the performance of satisfaction tests. Furthermore, the Seller may communicate such data to respond to a legitimate request from the authorities.
When creating or consulting his account, the customer can choose to receive commercial proposals, sent by the Seller.
Moreover, in accordance with the GDPR 679/2016, the Customer can exercise at any time his rights of access to the archive, of opposition and rectification or deletion as regards to their concerning personal data by addressing their request (indicating the e-mail address, surname, first name and postal address):
- by e-mail to email@example.com
- by accessing the website www.apoggi.com
- by post, to the following address: Armando Poggi, Via Calzaiuoli, 103 / R - 50122 Florence
15. Applicable law and competent court
These General Conditions of Sale are drawn up in Italian, are governed by Italian law and therefore will be interpreted and executed in accordance with it. If the Customer is a Consumer, these General Conditions are governed by the Decreto Legislativo 6 September 2005 n. 206, Codice del Consumo - with specific reference to the legislation on distance contracts and the Decreto Legislativo 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
For anything not expressly provided for in these General Conditions, reference is made to the aforementioned regulatory provisions and for the resolution of any disputes arising from the interpretation, execution and termination of this distance sales contract, the mandatory territorial jurisdiction is of the local judge. of residence or domicile of the consumer, if located in Italy (Article 63 of the Codice del Consumo). In the case of a professional Client (non-consumer), the same accepts the exclusive jurisdiction of the Court of Florence, expressly excluding any other competent courts.
16. Site content and intellectual property rights
The contents present on the www.apoggi.com site such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos, and any other material, in any format, published on the site, including web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, the functions, and software are protected by copyright and any other intellectual property right of the Seller and the other rights holders. The reproduction, modification, duplication, copying, distribution, sale, or otherwise exploitation of the images, the contents of the site is prohibited unless previously authorized in writing by the Seller. Any use of the contents of the site for commercial and / or advertising purposes is also prohibited.
All other distinctive signs that distinguish the products sold on the site are registered trademarks of their respective owners and are used by Armando Poggi S.r.l. by virtue of a license, for the sole purpose of distinguishing, describing, and advertising the products for sale on the site.
Any use of the aforementioned distinctive signs that do not comply with the law and, as unauthorized, is prohibited. It is in no way allowed to use any distinctive sign on the site to take unfair advantage of the distinctive character or reputation of these or in such a way as to harm them and their owners.
In no case may the user alter, change, modify or adapt the site or the material made available by the Seller.
For any complaint, further information, or assistance regarding the site or the purchase procedure, the Customer may contact the Seller's Customer Service. By using the forum in the "Contacts" section on the Site, by sending an email to firstname.lastname@example.org, to the telephone number +39 055 211719, or by sending a communication to the address Armando Poggi, Via Calzaiuoli, 103 / R - 50122 Firenze.Calzaiuoli, 103 / R - 50122 Firenze.