General terms and conditions of use

• This document sets out the general terms and conditions on the basis of which users are offered the use of the website www.seninistone.com which offers the distance sale of stone and other materials and products, as well as furnishing accessories and materials for their installation.

The goods covered by these general conditions are offered for sale by SENINI STONE SRL (with head office at the following address: via E. Montale n.33, 25018 Montichiari, Brescia, Italy), registered by the Chamber of Commerce of Brescia under no. 349740 of the Register of Companies, Tax Code and VAT no. 01767110982, e-mail address info@seninistone.it

These conditions govern purchases made on the website www.seninistone.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.

With regard to the protection of the confidentiality of personal data and with regard to the information that will be provided, the regulations set out in Legislative Decree no. 196/03 will be observed. 196/03.

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted at Privacy Policy

Before using the Application, the User must carefully read the Conditions and save or print them for future reference.

Before proceeding with the purchase of Products as indicated on the Site, the Customer expressly declares to have carefully read and accepted the content of the General Conditions, as well as the instructions provided during the purchase procedure. The General Conditions are an integral part of every Purchase Order and Contract of Sale of Products marketed on the Site in force on the date of the related Order.

The use of the Application implies the acceptance of the Conditions by the User. If the User does not accept the Terms and/or any other information published or referred to therein, he will not be able to use the Application or its services.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

The Conditions may be modified at any time without prior notice. The Owner reserves the right to change the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that characterises the functionality and management of the Application, at its own discretion, at any time, even after the User’s registration.

All the Products offered through the Application are described in detail on the relevant product pages (product name, characteristics, availability, price, delivery costs, accessory charges, etc.). The description of the Products, including the documents included in the data sheet and anything else contained in the Site, is only for information purposes and is not contractual. There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product.

The image of the Product may not be perfectly representative of its characteristics, but may differ in colour, size or accessory products present in the images. The photographs, images and/or drawings of the Products are to be considered representative and indicative only, and do not constitute a guarantee of the quality of the products, nor do they constitute a contractual element.

Please remember that all natural materials are different. The grain, colour and tone may vary from piece to piece due to the nature of the material used. This is not to be considered a defect, but the beauty of the natural material. All measurements are indicative, but every effort will be made to ensure accuracy.

The items in the catalogue may be “available” or “orderable”.

If the Product is available: order preparation times may vary from 2 to 10 working days from receipt of payment of the Order and related confirmation/acceptance by the Owner. The availability of the products at the time the Customer places the order must be considered as purely indicative, as the products may be sold to other Customers before the order is confirmed, due to the simultaneous presence on the site of several users or offline sales, or there may be a computer anomaly that makes a product available for purchase that in reality is not. In the event of unavailability of one of the products ordered, the customer will be contacted promptly, and if he/she wishes, he/she can cancel the order, immediately receiving a refund of the amount paid, or he/she can modify the order by adding items available for delivery.

If the product is not available, it can be orderable. Most of our products are made on request. We are usually able to prepare an order in about 4 weeks, otherwise you will find the exact production time on the confirmation we will send at the time of Order Confirmation/Acceptance.

Even after sending the Order Confirmation e-mail sent by SENINI STONE, there may be cases of partial or total unavailability of goods. In this case, the Owner will inform the Customer about the possibility to place a partial order, cancel the order or place an order for a different product.

If the User does not intend to accept the new term or the delivery has become impossible, he can ask for a refund of the amount paid, which will be promptly credited in the same way of payment used by the User for the purchase, within 14 days from the date on which the Owner became aware of the refund request.

All sale prices of the Products indicated on the Site are expressed in Euros.

According to what is indicated on the Application, prices may be with the legal VAT rate or with a VAT rate to be added, or without VAT, in case of VAT rate excluded or exempt, if not taxable.

For Italian and foreign customers who are Consumers (natural person), prices are inclusive of VAT, and invoices will be issued only if specifically requested during the order process. Users wishing to receive an invoice will be asked for their invoicing information. Invoices shall be issued on the basis of the information provided by the User, which he declares and guarantees to be true, conferring the Owner the widest possible indemnity on the matter

For Italian Customers with a VAT number (companies/professionals), prices are net of 22% VAT (or statutory VAT). The invoice will be uploaded to the Interchange System, but we do not guarantee that a courtesy copy will be sent to the e-mail address provided.

Customers with a VAT number (companies/professionals) with the characteristics of Sector Operators, both Italian and foreign, are also given the opportunity to access the Application with credentials (see point 12: Registration).

Customers based in a European Community country and in possession of a valid intra-Community VAT number issued by the competent tax authorities may benefit from payments without VAT (Non-taxable VAT Art. 41). As a rule, VAT will no longer be applied to the sale of products if a valid intra-Community VAT number has been indicated.

Outside the Application, customers outside the EU, Sector Operators, may benefit from payments without VAT (Non-taxable VAT Art. 8 co.1 of Presidential Decree 633/72) following receipt by the Owner of the relevant customs document certifying the export of the products, by making a request via e-mail. In these cases, the anticipated VAT rate will be refunded upon receipt of the documents.

Prices do not include any import and/or customs clearance taxes, which must be paid by the Customer.

In case inaccurate information is provided in order to benefit from the VAT exemption, the responsible persons or companies will be liable to prosecution and SENINI STONE SRL will not be responsible for this.

The costs of packaging and its preparation, shipping costs and any ancillary costs of delivery are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making payment and confirmed by the owner with the acceptance of the order after receipt of payment.

In addition, any taxes, additional charges and delivery costs that may vary depending on the destination, type and location of the customer, the delivery method chosen and/or the payment method used shall be indicated. If these items of expenditure cannot reasonably be calculated in advance, the Customer shall be invited to send a non-binding quotation request, in order to allow the correct calculation of the amounts.

The prices of the Products indicated on the Site may contain errors or omissions and, therefore, cannot be considered correct and/or final until receipt of the Order Confirmation/Acceptance.

In case of errors or inconsistencies with respect to the Order, the Customer will be contacted by e-mail to proceed with the modification of the Order.

The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any changes in price shall in no case affect contracts already concluded before the change.

The User undertakes to pay the price of the Product according to the times and methods indicated in the Application and to communicate all the necessary data that may be required.

Payment for the Products may be made by means of:

• Bank transfer

The reason for payment must indicate the following wording: “WEB ORDER NUMBER, CUSTOMER’S NAME SURNAME / COMPANY NAME” as specified in the Application.

The bank transfer must be made to SENINI STONE SRL in the manner specified in the Order Confirmation and within 3 days, otherwise the Order will be cancelled.

• Credit Cards

To make a payment by credit card, the customer will be redirected to Nexi Payment.

SENINI STONE SRL accepts the most common credit cards or debit cards, including prepaid and rechargeable, without any surcharge.
If the Owner finds any irregularity in the payment by credit or debit card, the Order will be cancelled.

The Application uses third party tools to process payments and does not in any way come into contact with the payment data provided (credit card number, holder’s name, password, etc.).

If these third party instruments should refuse to authorise payment, the Owner will not be able to supply the Products and will not be considered responsible in any way.

The Application may contain links to third party sites/applications. The Owner does not have any control over them and, therefore, is in no way responsible for the contents of these sites/applications.

Any refunds – even if resulting from the cancellation of the Order – will be credited with the same payment method used by the Customer, according to the timing of the specific credit channels.

Users with a VAT number do not have the right to withdraw from the contract of sale or supply of the Products. The User expressly acknowledges that the indication of a VAT number in the order automatically qualifies him as a non-Consumer, for whom the right to withdraw is not envisaged. The Consumer Code reserves the right of withdrawal exclusively to Consumers (natural persons who purchase goods for purposes not related to their professional, commercial or business activity); the right of withdrawal therefore cannot be exercised by legal persons and natural persons acting for purposes related to their professional activity.

Only the Consumer-Client who, for any reason, is not satisfied with the Product has the right to withdraw from the contract without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the e-mail address info@seninistone.it

In the event of withdrawal, the User shall return the Product to the Controller without undue delay and no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The User shall only be in charge of the direct cost of returning the Product, which must be returned intact, undamaged due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or usury and tear, absence of integral elements of the product (accessories, parts, etc.).

In the event of a correctly exercised right of withdrawal, the Owner will refund the portion of the payment relating only to the cost of the Products received by the User, net of expenses, in the same payment method used by the User for the initial transaction, without undue delay and in any case within 14 days of receipt of the undamaged product to which the right of withdrawal was applicable.

The Owner is not obliged to reimburse the costs of delivery, preparation, packaging and packing.

The Owner will not accept the return if the Product is damaged due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Customer may choose whether to collect, have collected and request shipment of the returned goods purchased by paying the shipping costs, or to renounce the goods without any claim.

Withdrawal from orders must be made by writing to info@seninistone.it expressing the intention to withdraw and listing the order number and the Product / s for which the return is requested, your personal details and bank details – IBAN where SENINI STONE will, subject to the necessary checks, credit the refund of the item or items for which it intends to exercise the right of withdrawal, which must be returned to the headquarters of SENINI STONE at the expense and expense of the customer as received.

In case of return only the cost of the purchased product will be refunded and not the shipping costs. Even the costs of returning the product / s will be at the expense and care of the customer.

Contextually to the exercise of the right to withdraw, the Client must return the Product within 14 days, by direct delivery or shipment to the company headquarters.

The Consumer must use a method of shipment and packaging appropriate to the type of product, in order to return the Product intact in every part.

In any case, in order to have the right to a refund of the paid price, the Product must be returned intact, in a normal state of preservation, packed in its original packaging, and complete with everything originally contained (parts, documents and accessories). In case of shipment, the Customer shall affix the notice of withdrawal and the Order number on the outside of the packaging.

The right of withdrawal provided for in Articles 64 et seq. and Articles 52 and 53 and paragraph 1 of Article 54 do not apply in the case of the supply of goods made to measure or customised or specially made, in which case the exclusion to the right of withdrawal will be expressed in the order.

In any case, the Customer’s obligation to check the integrity of the product(s) within 48 hours of receipt of the goods remains valid.

No claims will be accepted on products that have already been laid or installed.

The Application is provided “as it is” and “as it is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does he provide any guarantee that the Application will meet the needs of the Users or that it will never be interrupted or error-free or that it will be free of viruses or bugs.

The Owner will endeavour to ensure that the Application is available 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily or permanently without prior notice in the event of system failure, maintenance, updates, repairs or due to events of force majeure or the Owner’s will.

The Owner cannot be held liable to the User, except in the case of fraud or serious fault, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its suppliers.

The Owner shall not be liable for damages, losses and costs incurred by the User as a result of the non-execution of the contract for reasons not attributable to him, the User being entitled only to a full refund of the price paid and any additional charges incurred.

The Holder assumes no responsibility for any fraudulent and/or illegal use that may be made by third parties of credit cards, debit cards and other means of payment, as he does not in any way come into contact with the payment data used (card number, name of the holder, password, etc.).

The Owner shall not be liable for any loss of business opportunity and any other loss, even indirect, that may be suffered by the User, nor for the incorrect or unsuitable use of the Application by Users or third parties, nor for the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for their correct entry.

Under no circumstances may the Controller be held liable for a sum greater than the cost paid by the User.

The Owner shall not be held liable for failure or delay in the fulfilment of its obligations due to circumstances beyond the Owner’s reasonable control due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control.

The fulfilment of the obligations by the Holder shall be deemed to be suspended for the period during which force majeure events occur.

The owner will take any action in its power in order to find solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.

SENINI STONE assumes no responsibility for inefficiencies due to force majeure or unforeseeable circumstances, as well as malfunctions and failures of the Internet, if it fails to execute the order within the time provided by the contract.

SENINI STONE cannot be attributed responsibility in case of unavailability of one or more products. SENINI STONE will however endeavor to propose to the customer any alternative products or alternative quantities.

SENINI STONE will not be responsible for delays, damages, losses and costs incurred by the customer as a result of failure to execute the contract of sale for reasons not attributable to him, having the right only to a full refund of the price paid and any additional charges incurred.

COLLECTION

Dimensions, weight, volume of the goods and possible number of pallets will be communicated by e-mail or through the Application, if applicable.

Products can be collected with a single pick-up, directly by the customer at the head office in case of choice of “Pick-up at head office” option.

Even the pick-up service at SENINI STONE includes costs for packaging the products, which are indicated and calculated in the purchase process and clearly specified in the Purchase Order.

We suggest the customer to come with a suitable vehicle to load the ordered goods.

After confirmation / acceptance of the order by the owner, the customer will receive a notice of collection by e-mail and can proceed to pick up directly from SENINI STONE, showing an identity document. In case of collection by a third party, it will be necessary to send by email a written authorization of the customer and a copy of the identity document of the holder of the order.

The Customer shall collect the Products within 10 days from the e-mail notice of goods ready for collection, after this term, in case of no feedback from the Customer, the Contract of Sale shall be considered terminated and the Customer shall be reimbursed, with the payment method used at the time of purchase, only the price of the Products (provided that they are not custom-made Products), less the preparation costs equivalent to the “packaging cost”. In the case of custom-made Products, no price will be refunded once the time for collection has passed.

HOME DELIVERY

The Products will be delivered to the address indicated by the User, according to the methods and terms chosen or indicated on the Application and indicated in the order confirmation.

Unless otherwise specified, the Products will be shipped unloading excluded. The unloading shall be carried out by the addressee or by personnel present at the destination address by suitable means in the case of packages weighing more than 30 kg.

Deliveries will be made on weekdays and during working hours, not by appointment, so it is advisable to indicate a manned delivery address. The couriers used do not make prior phone calls or handle requests for shipments at particular times.

Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the time the courier takes delivery. Delivery times are not peremptory: failure to comply with them will not involve the seller in any obligation to pay compensation or entitle the customer to refuse the goods, cancel the order, suspend or delay the payment.

In case of shipment to destination, SENINI STONE will deliver to the customer the products through couriers and / or transporters selected by the owner and proposed to the customer based on the place of delivery and the type of products, in order to offer the lowest cost to the customer. The delivery of the Products shall take place at the address indicated by the Customer in the Order. The Customer will verify that the information regarding the delivery address is correct. The method, time and cost of shipping and related ancillary services will be indicated in the Order receipt/acceptance confirmation.

Unless otherwise specified (weight less than 30Kg) delivery is made “curbside”.

Unless otherwise specified (request for unloading with a tail lift), it is the customer’s responsibility to unload the goods.

Unless otherwise specified (telephone notice required), delivery shall take place on an uninformed day. Indicative delivery days are working days, excluding holidays.

We cannot be held responsible for delays caused by the forwarding agent.

In case of any impediments or difficulties relating to delivery, SENINI STONE may charge the customer the cost incurred for non-delivery and / or storage of the product.

At the time of delivery of the products, the customer is required to verify compliance with the order placed, that the number of packages corresponds to what is indicated in the accompanying document and that the packaging of the products is not damaged, wet or altered. Without prejudice to the provisions of the regulations in force, once the courier’s transport document has been signed without specifying any reservation, the Customer may no longer make any objection to the Owner regarding the quantity and integrity of the goods received.

The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be considered a contractual proposal of purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User’s order without the User being able to object or complain about anything in any way and/or for any reason.

The contract of sale or supply of the Products is concluded and effective with the acceptance by the Owner of the User’s contractual proposal. The Controller shall accept the User’s contractual proposal by sending an order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which shall indicate the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the delivery address, the delivery time and any delivery costs.

In the event that the Product is not available, the Holder shall inform the User of the new delivery or supply terms, asking whether or not he intends to confirm the order. It is understood that the contract will be concluded for the Products accepted by the Holder.

The User undertakes to verify the correctness of the data given in the order confirmation and to notify the Owner immediately of any errors and shall keep a copy of his order, its confirmation and the Terms.

The Customer may purchase the Products, as illustrated in the information sheets on the pages of the Site.

In order to place a Purchase Order it is necessary for the Customer to provide some simple data, essential for the management of the order (for example: name and surname/company name, e-mail address, telephone number, shipping address and, if necessary, data for electronic invoicing).

The Customer may finalise the Purchase Order only if it exceeds €100.00 excluding VAT.

The Customer, following the procedure indicated on the Site, may choose the Products he is interested in, checking in advance the price, the availability, as well as checking the costs of “packaging expenses” and of the services related to the possible home delivery such as, for example, “shipping expenses” and “additional shipping expenses”.
Before completing the Purchase Order, the customer must verify the correctness and completeness of personal data necessary to complete the purchase process.

SENINI STONE reserves the right to refuse the Purchase Order in certain cases, such as (by way of example) in case of unavailability, partial or total, of the product(s) listed in the Purchase Order, if for any reason the order is partially cancelled resulting in a decrease in the total amount below the minimum provided for the promotion, the owner will unilaterally cancel the discount itself, provision of personal data not real, previous default of the customer for any reason against SENINI STONE, subjecting the customer to bankruptcy proceedings, in any other case incompatible with the economic interests and corporate policies.

The customer, in the manner and time agreed, will make payment of the total amount of products and related services, indicated in the Purchase Order. In any case, the Products will be shipped only after the full amount agreed upon has been credited.

If the payment of the Products is not made within the term, in the manner or for the amounts provided for, the Contract of Sale shall be automatically terminated and of no effect.

During the periods when the Owner is closed for holidays, in correspondence with the summer, Christmas and Easter holidays, or any other bank holidays and related long weekends, the processing of orders and the shipment of goods purchased online by customers, from the day before the closure until the day of reopening, will be effective from the day of reopening of the office itself.

In order to use the functionalities of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the Privacy Policy and the Conditions.

The User is responsible for safeguarding his access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The commits to keeping them secret and to ensure that no third party has access to them and to inform the Controller immediately if he suspects or becomes aware of any misuse or improper disclosure of them.

The User guarantees that the personal information provided during the registration procedure is complete and true and agrees to hold the Owner harmless and indemnified from and against any damage, obligation to pay compensation and/or sanction arising from and/or in any way connected to the violation by the User of the rules regarding the registration on the Application or the storage of registration credentials.

The registered User may stop using the Application at any time and deactivate his account or request its cancellation through the interface of the Application, if possible, or by sending a written communication to the e-mail address info@seninistone.it .

In case of violation by the User of the Conditions or the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without prior notice.

These General Conditions of Sale are subject to Italian Law. Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of Brescia, Italy; if the Customer is not located in the territory of the Italian State, the conditions of the Vienna Convention of 1980 will be applied, and the Court of Brescia shall have jurisdiction.

In case the Italian Law is not recognized in the State of destination of the Products, the dispute shall be handled by an Arbitrator who shall comply with the 1958 New York Convention and the Civil Law legislative system.

The Owner declares that it is the owner and/or licensee of all the intellectual property rights related to and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all the trademarks, figurative or nominative and all the other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, contents related to the Application are and remain property of the Owner or of its licensees and are protected by the current laws on trademarks and by the relevant international treaties.

The Conditions do not grant the User any licence to use the Application and/or the single contents and/or materials available therein, unless otherwise regulated.

Any reproduction in any form of the explanatory texts and Contents of the Application, if not authorised, will be considered an infringement of the Owner’s intellectual and industrial property rights.

The ownership of the Product belongs to SENINI STONE until it is paid in full. This clause is subject to the law of the country of destination of the Product.