Terms and Conditions
General Terms and Conditions of Sale, effective from 20/06/2023.
PREAMBLE
This information is provided for the website https://yourdeclineoration.com/ (Site).
Seller's details: Bikilia S.r.l. - STRADA STATALE 85 Venafrana 230, 86079 Venafro IS
Art. 1 Scope of application
1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If the Site allows it, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph I, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206). Please note that a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity carried out. If it is possible to enter a VAT number (yours or that of a legal entity), this implies a purchase as a "Professional," pursuant to art. 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than as a Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are to be considered as merely indicative. Colors may differ from the real ones due to the settings of the computer systems or computers you use to view them.
1.4 The General Terms and Conditions of Sale may be changed at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to regularly access the Site and consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale.
1.5 The General Terms and Conditions of Sale applicable are those in force on the date the purchase order is sent.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site through links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not perform any control and/or monitoring on websites accessible through such links. Therefore, the Seller is not responsible for the content of such sites nor for any errors and/or omissions and/or legal violations by them.
1.7 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site, including during the purchase procedure.
1.8 The Seller cannot in any case be held liable towards you or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or claim: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up to date.
1.9 Unless otherwise agreed with the Seller, it is not possible to place orders via email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.
1.10 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, it is necessary to follow the procedure present on the Site itself, entering the data requested each time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of any information you have entered on the Site.
2.3 You guarantee that the personal information provided is complete and truthful and agree to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or penalty arising from and/or in any way connected to the breach of this commitment. You agree to immediately inform the Seller if you suspect or become aware of any misuse or unauthorized disclosure of the access credentials to the Site.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provisions.
2.5 It is not necessary to accept these General Terms and Conditions of Sale to place orders on the Site. However, submitting the purchase order constitutes acceptance of this document.
2.6 The Seller is the sole counterparty to the user who intends to purchase one or more products through the Site and is therefore (i) the party to whom the user directs their order, in order to accept the offer and conclude the sales contract; (ii) the party that assumes pre-contractual obligations towards the user arising from the offer; (iii) the party that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers related to the Site, the Seller reserves the right to operate under its own trade name. Therefore, when the Seller's trade name or the first-person plural ("We") is used on the Site and/or in communications with customers regarding the Site, the reference is to both the Site and the Seller.
2.8 The Seller does not guarantee that the Site will be constantly functional and operational. Updates to the CMS platform may occur, which could result in a temporary suspension of the service. The Seller assumes no responsibility for any harm or damage the user may suffer due to this circumstance.
2.9 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller's details; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.
2.10 The colors of the Products shown on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product differs from what the user expected. Users are encouraged to contact the Seller if they have any doubts about the color of one or more Products on the Site.
Art. 3 Product Availability
3.1 The Products offered on the Site are limited in number. Therefore, it may happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the purchase order has been submitted.
3.2 Information about Product availability is available on the Site. Product availability is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that several users purchase the same Product at the same time. In such cases, the Product may appear available for a short time, while it is actually out of stock or not immediately available, requiring a restock.
3.3 You will be informed in case the ordered Product is unavailable. In this case, You will have the right to terminate the purchase contract. However, please consider that before requesting contract termination, the Seller reserves the right to implement these measures:
- If restocking is possible, a delivery extension offered by the Seller will be provided, indicating the new delivery date.
3.4 If a refund is requested for payments made for Products that later proved to be unavailable, the Seller will issue the refund within a maximum of 2 days.
3.5 If You exercise the right of withdrawal, the contract is terminated. If the payment of the total amount due, consisting of the Product price, shipping costs, if applied, and any other additional costs, as shown in the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the “Payment Methods” article below.
Art. 4 Prices
4.1 Prices on the Site include VAT.
4.2 Furthermore, the prices on the Site do not include the WEEE contribution as the Products sold are not subject to the related regulations.
4.3 The Seller reserves the right to change the price of the Products at any time without notice, provided that the price charged to You will be the one indicated on the Site at the time the order is placed and that any subsequent changes (increases or decreases) after the order has been submitted will not be considered.
4.4 Shipping costs for the Products are Your responsibility, unless otherwise specified.
4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or the crediting of the Total Amount Due. Ownership of the Products will be transferred to You at the time of shipment, understood as the moment the Product is delivered to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to You when You, or a third party designated by You and different from the carrier, physically take possession of the Products.
4.6 The purchase contract is conditionally resolved upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
4.7 If there is an error in the Product price indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the purchase order has been completed. In this case, the customer has the option to accept the new price or to cancel the purchase contract. The Seller may also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale if there is an error in the Product availability.
Art. 5 Payment Methods
5.1 This article describes the payment methods available on the Site. The user can contact the Seller for further information at any time.
5.2 On the Site, you can purchase using payment cards. The charge will only be made after (i) the data of your payment card used for the payment has been verified and (ii) the issuing company of the payment card you used has authorized the charge. In application of Directive 2015/2366/EU on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution managing the online payment operation. The authentication criteria refer to the user's identity (to meet this criterion, the user must be registered on the Site at the time of purchase) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above procedure may make it impossible to finalize the purchase on the Site. The confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to or stores, even if you choose to save such data on the Site, the data of your payment card used for the payment of Products. Accepted payment cards can be viewed in the Site footer and/or during the purchase process.
- Visa.
- MasterCard.
- American Express.
- ApplePay.
- Shopify Payments.
- Google Pay.
- Maestro.
- UnionPay.
5.3 It is possible to pay by bank transfer on the Site. Bank details are displayed on the Site. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 It is not possible to purchase with cash on delivery on the Site, unless otherwise agreed with the Seller.
5.5 On the Site, it is possible to complete the purchase by entering discount codes, coupons, or vouchers. If the value of the discount code is less than the order amount, the remaining sum can be completed according to the payment methods provided on the Site. Each discount code can be used for a single purchase only. Under no circumstances can discount vouchers be converted into cash.
5.6 Any alternative methods different from those indicated above are or will be described in this article.
On the Site, it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on PayPal's website will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the payment card data linked to your PayPal account or the data of any other payment instrument connected to that account.
It is also possible to make purchases on the Site through financing at 0% TAN and TAEG offered by Deutsche Bank in partnership with Scalapay. With Deutsche Bank, you can finance the entire amount for the purchased item. Financing can range from 10 to 20 months on amounts from €1,500 to €15,000. Approval takes a few hours, and the first payment installment will be charged after 30 days. The terms of use for this service are governed directly by Deutsche Bank. Further information is available on the website www.dbeasy.it.
On the Site, it is also possible to make purchases using Klarna's installment payment solution. The first payment is charged at the time of shipment of the order and/or at the conclusion of the purchase contract, while subsequent payments are charged every 30 days from the first charge, unless otherwise indicated on the Site or by the payment service provider (Klarna). If you choose Klarna as your payment method, you will be redirected to the website www.klarna.com where you will follow the procedure provided and governed by Klarna and the terms and conditions agreed between you and Klarna. The data entered on Klarna's website will be processed directly by Klarna and will not be transmitted or shared with the Seller.
On the Site, it is possible to purchase using the payment tool "PayPal Later". This way, you can pay for the Service in 3 installments, interest-free. The terms of use for this service are governed directly by PayPal. Further information is available on the website www.paypal.com.
On the Site, it is also possible to make purchases through the HeyLight installment payment solution. This service is provided by Compass Banca S.p.A., sole shareholder direction and coordination by Mediobanca S.p.A., VAT Group P.I. Mediobanca. HeyLight offers payment deferral in 20 monthly installments, interest-free, for purchases from 400 € to 5000 €. Charges are made to a bank account or credit or debit card (prepaid cards are not accepted). With HeyLight, you buy what you want, pay a little at a time without interest, and the first installment is after 30 days. The deferral request is subject to the outcome of checks by Compass Banca S.p.A. Further information is available on the website https://heylight.com/
It is possible to make purchases on the Site also through payment deferral executed by the Agos service. This is a classic credit financing ranging from 6 to 48 months on amounts from 200€ to 10,000€ with a TAN of 9.97%. The first payment installment is after 30 days. The terms of use of this service are regulated directly by Agos. Further information is available on the website www.agos.it.
It is possible to make purchases on the Site also through payment deferral executed by the Scalapay 3 installments service, which allows immediate availability of the product and payment in 3 installments of the same amount, from a minimum of 5€ up to a maximum of 2000€. The service has no additional costs if payments are made by the due date; for all conditions, please refer to the website www.scalapay.com.
5.7 According to Legislative Decree No. 26 of March 7, 2023, the prices published on the Site have not been personalized based on automated decisions. Therefore, the prices displayed on the Site are not influenced by the consumer's previous behavior.
5.8 In the event of a price reduction, for technical reasons the Site is unable to indicate the lowest price applied to the general public in the 30 days prior to the price reduction. For more information regarding price change policies, You are invited to contact the Seller at the references indicated in the Introduction.
5.9 If, for any reason, the Seller proceeds with any type of refund in Your favor for the purchase of one or more Products, the Seller will refund using the same payment method used by the user. Any delays in the refund may depend on the bank, the type of credit card, or the payment solution used.
Art. 6 Delivery of Products
6.1 Product delivery is planned in: Europe. The user can always contact the Seller for more information regarding Product delivery; for example, to find out if delivery is possibly available in countries beyond those indicated on the Site.
6.2 The delivery obligation is fulfilled by transferring to you the physical availability or control of the Product.
6.3 Delivery time of Products from order submission: after 5/6 working days.
6.4 The term indicated in art. 6.3 is to be considered indicative and not mandatory. The Seller therefore reserves the right to deliver the Products within 30 days from the order submission. It is your responsibility to check the condition of the delivered Product. Provided that the risk of loss or damage to the Product, for reasons not attributable to the Seller, transfers when you or a third party designated by you and different from the carrier physically takes possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials, and you are advised, in your interest, to note any anomalies on the carrier's transport document, accepting the package with reservation. If the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 Regarding the possibility of requesting delivery of Products to a "pickup point," the Seller informs you that the Site does not offer the option to pick up the Product at a "pickup point" different from the address you provided during the purchase process. You are still encouraged to regularly check the Site to see if this delivery option becomes available later on the Site.
6.6 You have the option to choose In-Store Pickup as the delivery method. If the user chooses In-Store Pickup, they can collect the purchased Product at the store ("Store") selected from those possibly indicated on the Site as available for pickup. As soon as the Product is ready for pickup, the user will be informed accordingly by the Seller. The Product can be picked up by the user during the Store's opening hours and days. To collect the Product, the user or their delegate must provide the Store staff with suitable documentation proving the purchase.
Art. 7 Right of withdrawal
7.1 Users are invited to carefully review this article, which governs the right of withdrawal and its exclusions.
7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being obliged to provide a reason. If You purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.
- On subsequent purchases, You are invited to review this article to verify the existence of exclusions to the right of withdrawal which could, for example, apply, following an explicit declaration of waiver of the related right, if opting for the purchase of a product through installment payment with targeted financing.
7.3 If You are a Consumer (and in the case where no exceptions provided in this article apply) You have the right to withdraw from the purchase contract of the Product without providing any reason and without incurring costs other than those provided in this article within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- in the case of an order relating to a single Product, from the day on which You or a third party, other than the carrier and designated by You, takes physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which You or a third party, other than the carrier and designated by You, takes physical possession of the last Product; or
- in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day on which You or a third party, other than the carrier and designated by You, takes physical possession of the last batch or piece.
The Customer, although a consumer, unconditionally waives the right of withdrawal in the case of an online order of custom-made products or if opting for purchase through installment payment or through a targeted financing, thereby knowingly declaring to waive their right of withdrawal. The waiver declaration will be appropriately highlighted to the customer during the purchase finalization phase, in the "payment methods" section when selecting one of the payment methods that determine their waiver of the right of withdrawal.
7.4 To exercise the right of withdrawal, You must inform the Seller, before the end of the Withdrawal Period, of Your decision to withdraw. To this end, You can write to the Seller at the contacts indicated in the Preamble, or use the contact form possibly available on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by You before the end of the Withdrawal Period.
7.5 Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's premises or to a different address communicated by the Seller.
7.6 If the withdrawal is applicable, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If the Products were shipped using a carrier chosen by the Consumer and at the Consumer's expense, the Seller may suspend the refund until the Products are received or until the Consumer has provided proof of having returned the Products, if earlier.
7.7 The Consumer is only responsible for the decrease in the value of the goods resulting from handling the Product in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must, in any case, be stored, handled, and inspected with normal care and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the single-use seal, if present, still attached to the Product and intact and unaltered, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
7.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling the item in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify this circumstance and the consequent reduced refund amount, providing, in case the refund has already been paid, the bank details for the payment of the amount owed by the user due to the decrease in value of the Product. If the withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle any refund.
7.9 This article governs a very important area related to return shipping costs in case of withdrawal. In light of the above, the Seller deems it appropriate to highlight that the return shipping costs of the Product will be at Your expense and under Your responsibility.
Products must be returned to the address indicated in the "Seller Data" section in the Premise or to the address communicated from time to time by the Seller.
For the general conditions on the return policy, please refer to the page https://yourdeclineoration.com/pages/condizioni-generali
Art. 8 Legal Warranty of Conformity
8.1 The Legal Warranty of Conformity is reserved for the Consumer. Therefore, it applies only to users who made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.
8.2 The Seller is responsible towards the Consumer for any non-conformity defect of the Product that appears within two years from such delivery. The action to enforce defects not fraudulently concealed by the Seller expires, in any case, within twenty-six months from delivery of the good. For refurbished/used products, You agree that the legal warranty of conformity provided by the Consumer Code is 12 months. Your consent is expressed by accepting these General Terms of Sale. This provision applies only if You purchased as a Consumer.
8.3 Unless proven otherwise, it is presumed that non-conformity defects that appear within twelve months from the delivery of the Product already existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the non-conformity defect. From the twelfth month after delivery of the Product, it will be the Consumer's responsibility to prove that the non-conformity defect already existed at the time of delivery.
8.4 In case of non-conformity defect of the good, the Consumer has the right to restore conformity, or to receive a proportional price reduction, or to terminate the contract based on the conditions established by art. 135-bis and following of the Consumer Code.
8.5 The Seller is not responsible for any damages, of any kind, resulting from improper use of the Product and/or not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from fortuitous events or force majeure.
8.6 If You made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal warranty is governed by articles 1490 and following of the civil code; in particular, the deadline to report any defects is 8 days from discovery and the action expires 1 year from delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity possibly provided by the Seller on the Products. The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, scope, including territorial, conditions and methods of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty.
Art. 10 Applicable law and competent court; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by the provisions of these General Terms and Conditions of Sale and, for matters not covered, by the Italian Consumer Code.
10.2 It is reminded that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile has jurisdiction. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the court where the Seller is based has jurisdiction, as provided in the Preamble.
10.3 The Seller informs the user who qualifies as a Consumer that, in the event they have submitted a complaint directly to the Seller, but it was not possible to resolve the resulting dispute, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes related to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not they intend to use such bodies to resolve the dispute.
10.4 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odrThrough the ODR platform, the Consumer user can consult the list of ADR bodies, find the link to each of their websites, and start an online dispute resolution procedure in which they are involved.
10.5 In any case, the Consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the ordinary competent court is reserved, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations through the procedures referred to in Part V, Title II-bis of the Consumer Code.
Users residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims disputes, under Council Regulation (EC) No. 861/2007 of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees, and costs, Euro 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.
Art. 11 Customer Service
11.1 It is possible to request information, send communications, request assistance, or file complaints by contacting the Seller at the contacts indicated in the Preamble, or by using the contact form possibly present on the Site.
11.2 The Seller responds within an indicative time of 1 day.
Art. 12 Reviews
12.1 Pursuant to Legislative Decree No. 26 of March 7, 2023, the Site allows users to publish reviews. The Seller guarantees that the published reviews come from consumers who have actually purchased or used the Product. This is because the user receives an email after the purchase on the Site containing a request to publish their review on the Site. Therefore, since the email is received only after the purchase, it is reasonable to believe that the related review is attributable to a real purchase experience on the Site by the user. Among the reviews published on the Site, some may have been solicited, for example by sending a discount coupon. In such cases, this circumstance is duly indicated on the solicited review. Additionally, reviews originating from sponsorships or relationships with a professional (e.g., influencer) may be published; this circumstance is also properly disclosed on the related review.
12.2 The tool for publishing reviews is TrustedShops, by the company Trusted Shops AG. For more information about this tool, you can visit the page www.business.trustedshops.com.
Art. 13 Miscellaneous
13.1 This document fully governs the relationship between You and the Seller. In any case, the rights and obligations provided by the applicable law from time to time are reserved.