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Introduction
The offer and the sale of Products through this platform, is proposed by the company UNDOMUS Srl that for the US, South America and Canada countries will be managed by his branch UNDOMUS USA corp. and UNDOMUS Srl for the rest of the world , and are drawn up in compliance with the regulations on electronic commerce and distance sale contracts.
UNDOMUS Srl are an official authorized dealer of all the Brands on this Website.
The company:
UNDOMUS Srl
Via San Raffaele, 1
20121 - Milano
The Customer declares to have read all the information and general conditions of sale presented herein, before placing an order.
General Conditions of Sale
These general conditions of sale ("General Conditions") regulate methods and conditions of sale of the products marketed by UNDOMUS ("Products").
All products sales contracts from UNDOMUS Srl to third parties ("Customers") are regulated by these General Conditions, which are an integral and essential part of any proposal, order and placement of a purchase order for the Products. Sales conditions applied to the orders are those in force at the moment of placing the order.
1. Products: prices and features
Unless otherwise agreed, Products prices published on the website by UNDOMUS Srl are in Euros or Dollars, include VAT but exclude delivery costs. Prices guaranteed to the Customer shall be those published on the Website on the day the order is placed. The price stated at the moment of purchase is fixed and definitive.
Deliveries outside of the EU also not include customs except clearly stated on the Invoice, that will be charged to the Customer and will be asked for by the courier at the moment of delivering the goods.
Prices presented on the Website by UNDOMUS Srl cancel and replace the previously stated ones,and are subject to Products availability.
Technical and functional features of the Products published by UNDOMUS Srl contained in this Website to illustrate Products, are those sent by producers. UNDOMUS srl is not liable for the truthfulness and completeness of the information. Products images are for illustrative purpose only and are not binding.
Products cannot be sent for testing. Although UNDOMUS operators can provide Customers with information on the Products, the Customer is responsible for the choice of the Products ordered and for their conformity to the specifications sent by each producer.
2. Orders - billing
Each order placed represents a contractual proposal of the Customer. Clearance of the order by UNDOMUS Srl represents its confirmation and acceptance. Tax documents related to orders will be issued by UNDOMUS Srl at the time of dispatching
Products to the Customers. The invoice will be issued by UNDOMUS USA corp. for the US, South America and Canada countries
and UNDOMUS Srl for the rest of the world . The Customer will have to indicate the exact necessary data and the billing address.
3. Order fulfillment
The order will be fulfilled according to the terms stated on the Website. Once an order is confirmed, it should be cancelled only within 24 hours, at the end of which the customer is obliged to pay for the order. In accordance with the laws, our customers, anyway, could return the order within 14 days of receipt, as our return policy states (9. Right to Cancel).
Deliveries usually take place within 5/6 weeks in Europe, within 8/9 weeks for other destinations in the world.
Should the order not be executed (in the event of unavailability of the Product ordered), UNDOMUS srl will inform the Customer as soon as possible about the delivery time, subject to the Product availability.
In the event of breakage, stock depletion or unavailability of the ordered Product, UNDOMUS srl will inform the Customer as soon as possible, stating a new deadline for Product availability.
The Customer will send an e-mail confirmation for his/her choice, that is to wait for the Product supply or to request a refund.
4. Order acceptance
The conclusion of the agreement will only take place at the moment of the order confirmation by UNDOMUS srl
The Customer will be notified of the acceptance by e-mail. The message will state the order confirmation with all the elements of the agreement (Products, prices, delivery dates, shipping costs, ...)
UNDOMUS Srl reserves the option not to confirm any order for whatever reason, especially if involving supply problems or the order itself.
5. Product delivery
Products are shipped to the address stated by the Customer. Deliveries will take place as soon as the payment confirmation is received: bank transfers are attested by the credit on our current account, credit card payments are attested by the transaction
confirmation by the circuit.
We deliver through qualified express couriers, such as DHL or specialists in furniture delivery, to guarantee the quality of our service and Products integrity.
- Delivery Time
In case of bulky order and/or fragile products, the shipping is made by specialised couriers and the delivery time depends on size and destination of the order. Delivery time is stated in weekdays. For Products having different delivery time, the deadline applied is equal to the item with the longest delivery time. For delivery delays of less than 30 (thirty) days, the Customer is neither allowed to refuse the delivery, nor to ask for refunds or compensations. UNDOMUS Srl reserves the right, if necessary, to segment the delivery of Products in different steps (even for items belonging to the same order).
Delivery is to be considered completed at the moment the Product is consigned to the Customer. The delivery note issued by the courier and dated and signed by the Customer is proof of transport and delivery of the Product.
- Curbside delivery and Assembling
Deliveries are to be intended on curbiside : Products will not be delivered on the Customer's floor and we will not take any trade-in. Unless otherwise specified or agreed in written form, UNDOMUS srl does not offer any assembly service. The majority of our Products is delivered in pre-assembled form: final assembly is usually very easy and generally consists of assembling determined pieces.
Please note:
On delivery, the Customer must verify the content of the package, the conformity and state of the Product(s). UNDOMUS srl recommends verifying the overall state of the Product(s) before signing the delivery note. In particular, the Customer must verify that:
- number of parcels corresponds to that stated in the enclosed delivery note;
- package is intact, neither damaged nor wet or adulterated, and the content undamaged.
Should the Customer note any anomalies, delivery of the Products must be refused or detailed reserves must be put in writing and dated.
Once the Customer signs the delivery note with no "reserve", he/she will not be able to question the external conditions of the delivered Product. Issues about integrity, correspondence or completeness of the Products received must be notified within three 3 (three) from the delivery. UNDOMUS srl reserves the right to deliver the Products through a courier selected by the Customer.
Unless otherwise specified, all deliveries will take place on street level. Special delivery terms and conditions must be previously agreed between the Customer and UNDOMUS srl, and accepted in writing by UNDOMUS srl
- Duties and taxes
Please, remember that international deliveries outside the European union do not include customs & clearance fees, duties & taxes, and any other local taxes except clearly stated on the invoice . UNDOMUS is unable to offer guidance on such duties or taxes and recommend that you contact your local Customs Office. These duties are payable by the customer prior to their delivery or at the time of the delivery (the amount will be calculated once the goods arrive in customs), and will be at the customers expense.
UNDOMUS does not manage the tax refund. You can either contact the customs directly or have thedelivery done to the asked address.
6. Products pick up - Customer's absence
In case the Products could not be delivered to the address provided by the Customer during the order process, the courier will leave a note stating address and method for collecting the package. If the Customer does not collect the package within the deadline indicated by the courier, Products will have to be returned carriage paid to UNDOMUS srl, that reserves the right to refund the Customer for the price of the Product, minus charges for shipping.
In the event of an error during the delivery, the Customer is in charge of returning the Product(s) to UNDOMUS within 7 (seven) days from delivery, in the original and intact packaging, with its delivery note. Once the Product is received in its correct form, UNDOMUS Srl will send at its own expenses the Product initially ordered.
7. Force majeure
The following cases are to be considered as force majeure, apart from those specified by law: - total or partial strikes, internal or external to the Company, stop of means of transport or provisions for any reason, governative or legal restrictions, computer breakdowns, telecommunication halt included networks and the Internet. Force majeure will cause the suspension of the order. If after 3 (three) months parties observe the persistance of the force majeure, the order will be automatically cancelled, unless otherwise agreed.
8. Products warranties - Technical assistance
UNDOMUS srl only guarantees Products integrity until delivery time (further on, "UNDOMUS srl Warranty").
8.1 Possible defects covered by the UNDOMUS srl Warranty must be reported by the Customer not later than 10 (ten) days from the date of delivery. In case the UNDOMUS srl Warranty can be applied, the Customer has the right to have his damaged Products replaced after returning them, excluding any right for a compensation for further damages. The necessary shipping costs to replace the items are covered by UNDOMUS srl.
8.2 Taking for granted everything on point 8.1, UNDOMUS srl does not offer any further warranty than that given by the single manufacturers of the Products here commercialized. The technical assistance and all the repairs of the Products covered by the warranty, when provided, are taken care of by the single manufacturers, according to the terms and the forms reported on the papers attached to Products themselves. In particular, UNDOMUS srl neither offers any warranty on the compatibility of Products with other items or devices used by the Customer, nor offers any warranty on the Products suitability for any use conceived by the Customer.
8.3 Except for the supposition of fraud or of an important guilt of UNDOMUS srl , it’s from now settled that, should be recognized the responsibility of UNDOMUS srl towards any claim of the Customer - including the partial or full non-execution of the obligations assumed by UNDOMUS On Line Store towards the Customer regarding the execution of an order – the responsibility of UNDOMUS srl cannot be higher than the price of the Products purchased by the Customer and about which a contestation was raised.
9. Right to Cancel - Returns
If you are not completely satisfied with your purchase, please contact us to return your item(s) within 14 days of the delivery date for any reasons within this timeframe, with proof of purchase. Note that returns are not accepted for special orders, items that have been installed, mattresses and/or foundations no longer in their original packaging, and other items listed below. Other exclusions may apply. Contact us for details.
NOTE: When ordering a Product made or adapted according to the specific indications of the Consumer or, in other words, a personalized product, the Consumer has no cancellation right pursuant to art. 59 of the Consumer Code.
Pay attention to the “cooling off” period which expires 14 days after the day on which you acquire, or a third party indicated by you (other than the carrier) acquires physical possession of the goods. To exercise your right of withdrawal, you must unequivocally inform us of your decision to withdraw from the purchase with a statement, before the “cooling off” period has expired. Please contact us by email at customercare@undomus.com UNDOMUS provides you with a model withdrawal form, which you can use to inform us of your withdrawal.
How to return goods
The goods must be sent back or delivered to us at the below address within 14 days from receipt of your withdrawal notification.
Undomus srl - Via Monviso, 36 - 22066 Mariano Comense (CO) Italy
Please, remember that all costs associated with returning your purchase to us are at your expense.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Unwanted items must be returned in a fully resalable condition.
Please note, in case of goods returned in conditions that make them subsequently unsaleable, the equivalent amount of the value reduction of the item may be retained. The 14-day “cooling off” period does not apply to goods that are personalized or made to unique specifications or goods which are liable to deteriorate rapidly. Upon return, your item will be inspected, credits or refunds will be issued for the purchase price. Any taxes charged will be refunded in accordance with applicable laws. Delivery fees are nonrefundable with the exception of manufacturer defects or transit damage. UNDOMUS reserves the right to refuse returned items that are not in as-new condition due to damage or misuse by the client.
10. Payment
Payment is due at the moment of the order confirmation. The Customer commits to pay the agreed price for the Product ordered on the Website (price of the Product plus Shipping costs), and to pay - when necessary and directly to the courier - VAT and any
other tax related to the import of Products in the country of destination of the Product. The Customers pays for the order:
- by credit card, as suggested on the Website. The Customer guarantees to UNDOMUS srl and his branch UNDOMUS USA corp. to have all authorizations necessary to use card payment while confirming the order. - by bank transfer in favour of UNDOMUS Srl or UNDOMUS USA Corp. In the event of missing reception by UNDOMUS Srl or UNDOMUS USA corp. of the bank transfer within the following 14 (fourteen) days from the order, UNDOMUS Srl or UNDOMUS USA corp. reserves the right to cancel the order. Bank details of the Company will be provided at the order confirmation.
11. Failure to pay - Conditional sale
Products ordered are property of UNDOMUS Srl or UNDOMUS USA Corp. until the definitive and complete payment of their price (Art. 1523 and following of the Civil Code). UNDOMUS Srl or UNDOMUS USA corp. reserves the right to demand the Products ordered in case of failure to pay. In this event and by request of UNDOMUS Srl or UNDOMUS USA corp., the Customer commits to return any non-paid item, at his/her own expenses.
12. Claims
Complaints for non-compliance of delivered Product(s) with the order must be sent in writing to UNDOMUS srl, immediately after receiving the goods, by sending an e-mail to customercare@undomus.com or alternatively by accessing the dedicated order area and reporting the claim. The Customer must keep the original packaging and the delivery note.
13. Personal information
Customers' personal data, including e-mail addresses of the Website users, are processed in accordance with the art. 13 of the D.lgs. 196/2003 "Codice in materia di protezione dei dati personali", also known as Privacy Policy. Personal information requested from and related to the Customer is essential to process and ship the order, to issue invoices and to draft warranty agreements, as the case may be. For this purpose, UNDOMUS srl may provide suppliers with this information personal.
The Customer may object to this disclosure (pursuant to art. 7 of D.lgs. n. 196/2003) and has the right to access, modify, amend and delete all data related to him/her, by writing to UNDOMUS Srl , Via San Raffaele, 1 - 20121 Milano , Italy. In order to avoid any attempt of fraud, UNDOMUS srl may ask proof of the Customer's identity and domicile.
14. Electronic signature
The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
15. Non renunciation
Any one or more failure by UNDOMUS srl to enforce any provision of this agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
16. Agreement integrality
These General Conditions of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Conditions.
17. Intellectual property
UNDOMUS srl owns the intellectual property right upon the Website and the right to display the elements of the e-shop catalog. Consequently, total or partial reproduction of the elements contained in the Website or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are formally prohibited.
18. Nullity
Should one or several clauses of these General Conditions be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
19. Competent court
This agreement is governed by Italian law. In the event of a dispute and where no amicable settlements were reached between the parties, where applicable mandatory dispositions of law related to consumer protection (as in art. 1, letter B of D.Lgs 22 maggio 1999 n. 185), any controversy linked to these General Conditions will be of exclusive competence of the Court of Milano (Tribunale di Milano, Italy). Pursuant to and by effect of clauses no. 1341 and 1342 of the Civil Code, the Customer declares to
have accurately read, understood and accepted specifically the following clauses of these General Conditions of Sale of UNDOMUS srl:
1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-10-11-12-13-14-15-16-17-18-19.