General terms and conditions of online sales
- SCOPE
- NOTICE
- CONCLUSION OF THE PURCHASE CONTRACT
- PRODUCT AVAILABILITY
- CUSTOMIZATION
- PRICES OF PRODUCTS
- PAYMENT, BILLING, REFUNDS
- PRODUCT DELIVERY AND FORCE MAJEURE
- DELIVERIES TERRITORIES AND DELIVERY COSTS
- LEGAL WARRANTY OF CONFORMITY
- RIGHT OF WITHDRAWAL
- PROTECTION OF PERSONAL DATA
- APPLICABLE LAW AND PLACE OF JURISDICTION
- FINAL PROVISIONS
1. SCOPE
1.1 These general terms and conditions of online sales ("T&Cs") apply exclusively to purchases made on the websites Ercuis.com (hereinafter, "Website"), which owner is Arcturus srl, with headquarters in Via Filippo Baldinucci, 60-20158 Milan (MI), Italy – Tax Code and VAT number IT04104900156, Italian Business Register 04104900156 Novara, (hereinafter, "the Owner").
1.2 Sales agreements are stipulated between Sambonet Paderno Industrie S.p.A. (hereinafter, "the Seller"), with headquarters in Via Giovanni Coppo 1C - 28060 Orfengo (Novara) Italy – Tax Code and VAT number IT02166860037, Italian Business Register 02166860037 Novara and the Customer, considered as a Consumer pursuant to Article 3 of Italian Legislative Decree no. 206/2005 ("Consumer Code").
1.3 The Seller holds the right to make changes to these T&Cs at any time where such changes are necessary to satisfy legal or technical requirements. The updated version of the T&Cs will be published on the Website each time. However, the version of the T&Cs valid when the order was placed, shall apply to that purchase.
2. NOTICE
2.1 The Customer is required, prior to accessing the products made available on the Website, to read these T&Cs, which are considered fully understood and unequivocally accepted at the time of purchase.
2.2 The Customer agrees to comply with these T&Cs and may not purchase products through the Website if he or she does not accept these T&Cs.
2.3 The purchase of products on the Website is exclusively for personal use, i.e. for the satisfaction of needs unrelated to entrepreneurial or business purposes, and the purchased products shall not be used for commercial purposes of any kind.
2.4 The Owner makes every effort to ensure that the information contained in the Websites is accurate and updated. However, sizes, specifications and pictures of the products are illustrative and may be changed by the Owner without notice if technical and production requirements should demand it.
2.5 Since this is a handcrafted production, minor differences between different batches of the same product may occur.
2.6 Products with PVD processes may be affected by slight variations in color and shade between different models or between different references. These variations are not to be considered defects as they are within the established tolerance limits.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 The submitting of a purchase order through each Website represents a binding purchase offer for the selected products, setting up the conclusion of a purchase contract, fully governed by these General Terms and Conditions ("Contract").
3.2 Once the purchase order has been submitted, the Seller shall send the Customer confirmation of receipt of the order, containing the order number and details of the order placed ("Order Confirmation").
However, the conclusion of the Contract is subject to the Seller's express approval of the purchase order, which consists in sending a communication confirming to the Customer that the order is being shipped ("Shipping Confirmation").
Therefore, the Customer acknowledges that the Order Confirmation does not constitute confirmation of the purchase order and that the Contract shall be considered concluded upon receipt by the Customer of the Shipping Confirmation.
The Customer shall keep the order number in the Order Confirmation to be able to get access to the customer care service and for any other communication.
3.3 Before submitting the purchase order, the User shall check the purchase order summary to ensure that all data provided are correct. Any data entry errors may be corrected by contacting the Seller's Customer Service.
3.4 The Seller shall consider any request for cancellation of the purchase order provided that it is submitted prior to receipt of the Shipping Confirmation.
3.5 For cutlery set assemblies, the packaging reference in the product sheets is indicative, but please note that it can be changed according to the availability of packaging in the warehouse, with the aim of providing fast shipment.
4. PRODUCT AVAILABILITY
4.1 The Customer may select the products included and available in the catalogue published on the Website. The selected products are placed in the shopping cart, whose items may be deleted or modified at any time, until the purchase order is submitted.
4.2 Each product is provided with a descriptive sheet of its main characteristics. The images and colours of the products in the descriptive sheets may not correspond faithfully to the real ones due to the settings of the computer systems or devices used by the Customer to view the Website. Therefore, the pictures published must be considered indicative within the limits of normal tolerance.
5. CUSTOMIZATION
5.1 Some ERCUIS products and collections can be personalized with an engraving on request, in particular on the Instants Précieux birth gift collections or silversmith's pieces such as trays.
5.2 The Miroir and Arts Décoratifs collections of flatware can also be custom engraved on the handles. For these two collections, the Customer is informed that a minimum quantity is required and that a feasibility study by The Seller's internal design studio is imperative.
5.3 Any request for customization will be subject to an estimate that will be submitted to the Customer before approval.
5.4 All requests of customization will be forwarded to the Seller’s Customer Service for a quotation and a feasibility study. The Seller reserves the right not to carry out the customization if it considers it not technically executable.
5.5 Customized orders and/or special executions cannot be cancelled.
5.6 Customized products cannot be returned for replacement pursuant to Art. 59 of the Consumer Code.
6. PRICES OF PRODUCTS
6.1 Sales prices are in Euro and include VAT.
6.2 The sales prices to be applied are the prices published online at the time the purchase order is submitted. These prices may be subject to change without prior notice. The Customer has the responsibility to check the final price before submitting the purchase order.
6.3 For sterling silver, gold-plated pieces and collections containing precious materials: due to the variation in the price of special metals, these items are available upon request and will be subject to a specific quote sent to the Customer by the Seller's Customer Service. All offers concerning precious materials shall be valid for a limited time of 7 days.
6.4 All product prices are net of shipping costs, which are entirely charged to the Customer. These costs will differ depending on the destination country and will be specified separately in the summary of the purchase order and in the Receipt Confirmation. The current shipping costs are listed in the "Shipping" section at the following hyperlink: https://www.ercuis.com/customer-service
7. PAYMENT, BILLING, REFUNDS
7.1 It is possible to make secure purchases using the following payment methods:
a) Credit Card (Visa, Mastercard, American Express, Discover/Diners)
b) PayPal
For further details, please consult the 'Payments' page at the following link https://www.ercuis.com/customer-service
7.2 The price must be paid at the time the order is placed, by the payment method chosen by the Customer.
The amount is charged when the customer receives the Order Confirmation e-mail.
7.3 The Seller reserves the right not to accept the purchase order if the payment provider fails to authorize payment, in accordance with Paragraph 7.1.
7.4 Any refunds of amounts paid by the Customer to the Seller shall be made using the same payment method used by the Customer to make the purchase. Refunds will be processed in the same time and conditions as provided by the payment method provider.
8. PRODUCT DELIVERY AND FORCE MAJEURE
8.1 The purchased products will be delivered to the shipping address provided by the Customer when submitting the purchase order.
8.2 Orders placed from Monday to Friday, 8:00 a.m. to 5:00 p.m., are taken care of the same day and delivery is guaranteed by our trusted courier within 3-6 working days after receipt of the Order Confirmation, with the exception of "made-to-order", “upon request” and customized products for which a longer delivery time is expressly requested in.
Deliveries are not made on Saturdays, Sundays and public holidays. In such cases they are carried out on the next working day.
To track the progress of the purchase, the Customer can check the "My Orders" section on his/her account on the Website.
8.3 Delivery shall be considered to be made upon the Customer's or an authorized third party's taking physical possession of the products, which shall be proved by the receipt of delivery of the order to the specified shipping address.
8.4 When the product is delivered, the Customer shall check that the packaging is intact and without signs of damage, tampering or alteration. If this check fails, the Customer shall immediately file the required complaints with the carrier, rejecting the product or accepting it with written reserve on the delivery note.
Furthermore, the Customer shall promptly inform the Seller of the occurrence by contacting Customer Service.
8.5 The Seller shall not be liable if the delay or non-delivery is due to Force Majeure, to the extent that it proves: a) that such impediment is beyond its reasonable control; b) that it could not reasonably have been foreseen at the time of the conclusion of the contract; and c) that the effects of the impediment could not reasonably have been avoided or overcome. Without proof of the contrary, events of force majeure shall be deemed to include, without limitation, war, riot, trade restrictions, embargo, fire, destruction of equipment, strike, act of legal authority, compliance with any law or governmental order, plague, epidemic, pandemic, natural disaster or extreme natural event. In such cases, the Seller may suspend performance of its contractual obligations by giving immediate written notice, and the deadline for execution of the supply may be extended for a period equal to the duration of the event. Except in the case of a different written agreement, once the suspension period has expired without notice, the contract shall be considered resolved without further notice.
8.6 The Seller may also resolve the purchase agreement if the execution of the service is made objectively too onerous by an unpredictable circumstance independent of its will̀.
9. DELIVERIES TERRITORIES AND DELIVERY COSTS
9.1 The prices are indicated in euros and are deemed to include all taxes.
9.2 The delivery costs are the responsibility of the customer and are indicated during the processing of each order.
9.3 The applicable delivery costs depend on the amount of the order and the country of delivery:
- Delivery costs in mainland France and Italy: order less than €100: €10 including VAT, order greater than or equal to €100: free
- Delivery costs to other countries: order less than €250: € 25 + VAT, order greater than or equal to €250: free
To see the countries to which you can ship, click here
10. LEGAL WARRANTY OF CONFORMITY
10.1 Products sold through the Website to the Customer are subject to the legal conformity warranty provided for in Article 128 et seq. of the Consumer Code ("Legal Warranty").
10.2 The Seller shall be liable to the Customer for any lack of conformity that exists at the time of delivery of the product, on condition that the lack of conformity became manifest within a period of 2 (two) years from delivery of the product.
The claim for defects not fraudulently hidden by the Seller shall, in any case, be time-barred within a period of twenty-six (26) months from delivery of the product.
The Customer shall lose his/her rights under the Legal Warranty if he/she does not report the conformity defect to the Seller within the term of 2 (two) months from the date on which he/she discovered the defect.
10.3 In such cases, Customers shall contact the Customer Service, in accordance with the provisions reported in the "Returns" section of the Website, to be allowed to return the defective products. The complaint shall include an exhaustive and detailed report of the claimed defects or faults and photos of the product, underlining the claimed lack of conformity.
10.4 The Seller shall collect the defective products at its own charge and shall make the proper checks. If the defect status is verified, the Seller shall contact the Customer, confirming acceptance of the Returned Goods and the Refund Procedure shall be applied at the same time. The refund will be processed 30 days from the date of receipt of the confirmation, regardless of the payment method selected by the Customer at the time of payment.
10.5 Except for the warranties mentioned above, the Seller shall not accept any other contractual or extra-contractual liability towards Customers.
10.6 Under no circumstances may the total liability of the Seller exceed the amount paid by the Customers for the purchase of the products.
11. RIGHT OF WITHDRAWAL
11.1 The Customer has the right to withdraw from the Contract within 30 (thirty) days (calendar) from receipt of the products, without being bound to give any reasons and without the application of any penalty.
Products customized by Tailor-Made engraving are excluded, pursuant to Article 59 of the Consumer Code.
11.2 To make a return request, the Customer shall necessarily use the procedure provided in the "Returns" section of the Website.
11.3 Upon the Seller's verification of the returned products, the Customer shall be refunded the full amount, corresponding to the price of the returned products.
Customer Service will provide confirmation to the Customer of the amount that will be refunded.
Shipping costs for the return of the product shall be charged to the Seller.
11.4 The Customer shall return the products unused, undamaged, in an intact state of conservation and with original tags not removed. The wrapping of the products must be accurate, in order to safeguard the original packaging from damage, writing or stickers.
If these requirements are not fulfilled, the Seller shall return the products to the Customer and therefore the Customer's request for Return and Refund will not be processed.
12. PROTECTION OF PERSONAL DATA
12.1 The Customer's personal data shall be processed by the Seller for the purposes and in the procedures specified in the Privacy Policy on the Website, in the "Privacy" section.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
13.1 These T&Cs shall be subject to Italian law.
13.2 Any dispute that may arise between the Parties in any relation to the application, interpretation, execution and resolution of these T&Cs or each Contract shall fall under the exclusive jurisdiction of the Court of Novara.
14. FINAL PROVISIONS
14.1 These T&Cs comprise the entirety of the provisions of these GTC.
14.2 If one or more provisions of these T&Cs should be considered ineffective or declared ineffective by law, regulation or as a result of a decision by a court of competent jurisdiction, the other provisions will nevertheless continue to be in full force and effect.
