Terms of sale

General terms and conditions of sale and information pursuant to art. 13 Legislative Decree 196/2003

A. ORDERS
These terms and conditions of sale shall be deemed to be accepted in full by the Customer with the placing of the order. All orders shall be deemed to be taken on unless approved by Terrecotte Poggi Ugo srl.

B. DELIVERY DEADLINES, DELAYS OR DELIVERY IMPEDIMENTS

Delivery terms, even if agreed, are not binding and shall exempt Terrecotte Poggi Ugo srl from observing such terms, without however entitling the Customer to any compensation and/or indemnity of any kind. In case of force majeure, such as, for example, labour unrest, delays or non-arrival of raw materials and/or other similar events such as to prevent or delay the production, Terrecotte Poggi Ugo srl shall have the right to reduce the quantity on order or to make partial deliveries and, therefore, to extend the shipment date or to cancel the sale, without giving the Customer the right to any compensation and/or indemnity of any nature.

C. PRICES
Prices refer to the price list in force at the time of ordering. The prices shown in the online shop are inclusive of VAT. Terrecotte Poggi Ugo srl reserves the right to change its sales lists at any time and without prior notice.

D. PRODUCTS

Due to the craftsmanship, individual items may be subject to some variations in size, weight, decoration and colour, and such variations cannot give rise to complaints.
For products on request (samples, special products), minimum quantities, prices and delivery terms will be agreed on a case-by-case basis. The reference samples of shapes or colours supplied by the Customer shall be previously checked by Terrecotte Poggi Ugo srl, which shall confirm their suitability for the realisation of the product.

E. PAYMENT, CHARGES, INTEREST ON ARREARS

Payments by bank cheque and/or bank draft will be accepted only if previously agreed and only if the same securities are registered exclusively to Terrecotte Poggi Ugo srl. Payments by means of securities issued through bank circuits will be preferably domiciled at the bank indicated by the Customer without any guarantee or liability of support prejudicial to the good outcome of the payment. In the event of non-compliance with the agreed terms of payment, the Customer shall be charged, from the day following the due date for payment and without the need for a formal notice of default, interest at the rate of the interest rate of the main refinancing instrument of the European Central Bank applied to its most recent main refinancing operation carried out on the first calendar day of the semester in question, increased by 7 (seven) points (Article 5 of Legislative Decree No. 231 of 9 October 2002). In addition, insolvency and recovery costs shall be charged at cost, subject to greater damages. If the delay in payment exceeds the agreed term by thirty days, the Customer shall be charged a penalty equal to 5 (five) % of the amount in respect of which it has failed to comply with the terms (Art. 10 of Legislative Decree No. 231 of 9 October 2002).

F. TRANSPORT AND RISK

The material always travels at the risk and peril of the Customer, even when it is delivered free at destination and even if the shipment is insured, it being agreed that each shipment is carried out on the Customer’s behalf. It is therefore up to the Customer to carry out the due qualitative and quantitative checks on the goods at the moment of acceptance, reporting in writing on the delivery documents any eventual anomaly and having the carrier countersign the same, in order to allow Terrecotte Poggi Ugo srl to exercise the right of recourse. In case of impossibility, the Customer shall accept the goods subject to subsequent verification of quality and quantity.
Terrecotte Poggi Ugo srl reserves the right to choose the carrier without this constituting a derogation to the previous paragraph. In any case, compensation for damages or indemnities for various reasons for failure to respect the delivery term are excluded.

G. PACKING
Together with the products, their containers and packaging materials are also deemed to be definitively transferred, at the price and conditions in force at the time of shipment. The collection and disposal of empty containers and/or semi-finished products are, at every stage, the responsibility of the user of the product (Presidential Decree No. 915/1982).

H. COMPLAINTS

The complaints on the quality of the goods have to reach Terrecotte Poggi Ugo srl within 8 days from the receipt of the goods.
If the complaint is well founded, the substitution of the goods will be authorised at Terrecotte Poggi Ugo srl’s expenses, which will not recognise any other compensation.
Claims on quantity received, or on broken goods, will not be accepted if made after 8 days from receipt and if they have not been noted on the courier’s Transport Document, specifying quantity and type of the contested goods, or if the goods have not been accepted with reserve.
Complaints about prices charged on the invoice and/or payment terms and/or anything else stated on the invoice must be made within 8 days of receipt of the document.
Claims for defects in the goods shall only be admissible if they are made within the terms of the law (Art. 1495 of the Civil Code).
Returned goods shall not be accepted without our written authorisation.
All above-mentioned complaints made after the deadline shall not entitle the customer to non-payment. Therefore Terrecotte Poggi Ugo srl will have full faculty to claim, in the application of the means allowed by the law, what is foreseen in the paragraph “PAYMENT, EXPENSES, INTERESTS ON ARREARS”.

I. PRIVACY
Terrecotte Poggi Ugo srl respects the privacy of its customers. Fiscal data for the issuing of Transport Documents and invoices, e-mail address and any personal data of Customers, are processed by Terrecotte Poggi Ugo srl as indicated in the Information on the processing of personal data, ex art. 13 of d.lgs. n. 196/2003, available on the website www.poggiugo.it.

L. COMPETENT COURT
For any civil disputes arising from the application of these Terms of Sale, it is agreed that the Court of Jurisdiction shall be exclusively that of Florence.

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Information pursuant to Art. 13 Legislative Decree 196/2003 – as supplemented by EU Reg. 2016/679

Dear user
We wish to inform you that Legislative Decree no. 196 of 30 June 2003 (“Code on the protection of personal data”) as amended by EU Reg. 2016/679, provides for the protection of persons and other subjects regarding the processing of personal data.
In accordance with the aforementioned legislation, such processing will be based on the principles of correctness, lawfulness and transparency and the protection of your privacy and your rights. In compliance with the most recently implemented regulations, this information is provided in a concise, transparent, intelligible form and is easily accessible from any page of Poggiugo.it via the link http://www.poggiugo.it/it/condizioni-generali-di-vendita.php

The undersigned company hereby provides you with information regarding the processing of your data in connection with the services provided to you. Pursuant to Article 13 of Legislative Decree no. 196/2003 as amended and/or supplemented by the EU Regulation, with reference to such data, we inform you that

1. PURPOSE OF PROCESSING.

A) Your personal data will be processed by Terrecotte Poggi Ugo srl for the provision of the services offered by the website www.poggiugo.it.
B) If you have expressed your consent at the moment of the use of our site, or if you express it afterwards (through the page of management of your profile) and until the revocation of the same, your data could be treated by Terrecotte Poggi Ugo srl with automatic modalities of contact (as sms, mms, fax, phone, e-mail and web applications) for informative and marketing aims, that is the sending of advertising material, direct selling, market researches and commercial communication.

The provision of data and consent to their use for the purposes of the processing referred to in the preceding paragraph is optional, but may serve to improve the products and services rendered. You may, however, check and revoke any consent given for these purposes at any time by sending an email with the subject “CANCEL ME” to the following address info@poggiugo.it . Following any refusal or revocation of the aforementioned consent, Terrecotte Poggi Ugo srl will process your data only for the purposes that may be expressed directly by you.

2. METHOD OF TREATMENT
The data will be processed in written form and/or on magnetic, electronic or telematic support.

3. COMPULSORY ASSIGNMENT.

The provision of such data is compulsory for all that is required by legal and contractual obligations and, therefore, any refusal to provide such data or to its subsequent processing may make it impossible for the undersigned company to proceed with the contractual relations and/or provide the envisaged services.

4. COMMUNICATIONS TO THIRD PARTIES.
The data will not be disclosed to other parties, nor will it be disseminated. For the sole purpose of credit protection and better management of our rights relating to the individual business relationship, the data may be disclosed to the following categories of appointees: domiciliary law firm and accountant firm.

5.DURATION.

The data will be kept at the registered office of the undersigned company for a period of time no longer than is necessary for the purposes for which they were collected and processed, and in any case for a period no longer than 12 months from the cancellation and/or cancellation of the registration from the site and/or inactivity. If necessary, they will be kept for a longer period even afterwards for the fulfilment of all legal obligations.

6. RESPONSIBLE FOR DATA PROCESSING

The data controller is Terrecotte Poggi Ugo srl in the person of its legal representative, with registered office in Via Imprunetana per Tavarnuzze 16, 50023 Impruneta FI.

7. DATA CONTROLLER.
The persons in charge of the processing are
– Terrecotte Poggi Ugo srl single-member company in the person of its legal representative, with registered office in Via Imprunetana per Tavarnuzze 16, 50023 Impruneta FI.
– Mr. Lorenzo Andrei c/o Terrecotte Poggi Ugo srl.

8. SECURITY
The personal data subject to processing, for which daily backups are provided with transfer to remote servers, will be stored on hard disks of servers equipped with a Linux operating system, protected by encrypted code and special antivirus software.

9. PERSONAL DATA MANAGER.
The company informs that the specially appointed Data Protection Officer pursuant to Art. 37 EU Reg. 2016/679 is Mr. Lorenzo Andrei who can be contacted by e-mail at the following address: amministrazione@poggiugo.it

10. You may exercise your rights with regard to the data controller at any time, pursuant to Article 7 of Legislative Decree 196/2003, which we reproduce in full for your convenience:

Legislative Decree No. 196/2003, Art. 7 – Right of access to personal data and other rights
1. The data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. The data subject shall have the right to be informed of
a) the origin of the personal data; b) the purposes and methods of the processing; c) the logic applied in the event of processing carried out with the aid of electronic instruments; d) the identification details of the data controller, data processors and the representative designated pursuant to Article 5, paragraph 2; e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of the data in their capacity as designated representative in the territory of the State, data processors or persons in charge of processing.
3. The interested party has the right to obtain
a) the updating, rectification or, where interested therein, integration of the data; b) the cancellation, transformation into anonymous form or blocking of data processed in breach of the law, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. The data subject shall have the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

M. ONLINE DISPUTE RESOLUTION FOR CONSUMERS

The consumer resident in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to settle out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Accordingly, if you are a European consumer, you may use this platform to resolve any dispute arising from the online contract concluded with the Holder. The platform is available at the following link

(http://ec.europa.eu/consumers/odr/).

Terrecotte Poggi Ugo srl
società unipersonale
Via Imprunetana per Tavarnuzze, 16
50023 Impruneta – Firenze – Italia
Tel. +39 0552011077 – Email info@poggiugo.it

P.IVA – Cod. Fisc. IT05638490481