Terms and conditions

General Conditions of Sale

  1. Definitions
  • Consumer: the natural person who purchases the Products, who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, pursuant to the Consumer Code.
  • Consumer Code: Legislative Decree no. 206 of 6 September 2005 and ss.mm.
  • General Conditions of Sale: these general conditions of sale.
  • Sales Contract: contract of sale of the Product concluded between the Seller and the Consumer, governed by these General Conditions of Sale.
  • Parties: the Seller and the Consumer.
  • Product(s): any product and/or service offered for sale by the Seller through the Site.
  • Resellers: the resellers of the Products authorized by the Seller and expressly indicated on the Site.
  • Website: the following website: https://aeternadesign.com/.
  • Seller: Aeterna Design S.r.l.s., with registered office in Via G. Sacconi, 19, 00196, Rome (RM), share capital of Euro 500.00, fully paid-up, tax code, VAT number and registration number in the Register of Companies of Rome 12570571005, REA RM – 1385147, PEC:aeternadesignsrls@pec.aeternadesign.com.
  • Carrier: the carrier or shipping company that is third in relation to the Seller.
  1. Object
    1. These General Conditions of Sale govern the conditions and methods of purchase by the Consumer of the Products (i) offered for sale through the Site; and / or (ii) purchased at the registered office of the Seller.

These General Conditions of Sale do not apply to purchases made at the Resellers indicated on the Site; in such cases, the terms and conditions of sale established with your Reseller will apply.

  1. The Seller reserves the right to modify the General Conditions of Sale at any time. The changes are enforceable against the Consumer from the moment of their publication on the Site and cannot be applied to sales concluded previously. A copy of the General Conditions of Sale applicable on the date of the order will be attached to the sales receipt.
  2. Each order, submitted by the Consumer through the Site, implies the full and complete acceptance of the General Conditions of Sale, which the Consumer declares to know and to have read carefully before placing the order, marking with a check the corresponding checkbox at the time of placing the order.
  1. Delivery of the Product
    1. The Consumer has the possibility to collect the Product directly at the registered office of the Seller, at his own expense and care, without delivery costs, making an express request in the order form.
    2. The risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred to the Consumer only when the latter, or a third party designated by him and different from the Carrier, physically comes into possession of the Product.
    3. The withdrawal of the Product must be made within 30 (thirty) days of receipt by the Consumer from the acceptance of the order; after this period, the Seller will be exempted from the delivery of the Product.
    4. To collect the Product, the Consumer must present his identity document, together with the printed copy of the e-mail communication certifying the acceptance of the order. If the Consumer who made the purchase does not coincide with the natural person who collects the Product, the latter must also be provided with a specific signed authorization for collection.
  1. Shipment of the Product
    1. Without prejudice to the provisions of Article 3 above, the Consumer may request that the Product be delivered by shipment to the requested address.
    2. The shipment of the Product is carried out by (a) Carrier, in Italy and in Europe. The name of the shipper, delivery times, costs and related costs of shipping the Product are indicated to the Consumer before the latter transmits the purchase order.
    3. The Seller is obliged to deliver the Product to the Consumer without undue delay and at the latest within thirty (30) days from the date of conclusion of the Contract of Sale. The Sales Contract will be considered concluded by sending the Consumer the order acceptance.
    4. The risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred to the Consumer when the latter, or a third party designated by him and other than the Carrier, physically comes into possession of the Products.
  1. Price
    1. The price of the Product is expressed in Euros and is inclusive of VAT and taxes. As indicated in the previous art. 4, the costs and shipping costs, indicated in the order confirmation, are excluded from the price of the Product indicated on the Site and are borne only by the Consumer.
    2. To make the payment of the total price, the Consumer may select, during the compilation of the order, one of the following systems chosen by the Seller: payment by credit or debit card and / or PayPal.
    3. The invoice issued by the Seller will include the total price, including VAT, taxes and shipping costs.
    4. The Product will be shipped only upon receipt of payment of the price by the Seller.
    5. No responsibility can be attributed to the Seller in case of disservice, even temporary, of the payment system chosen by the Consumer.
  1. Withdrawal and returns
    1. The Consumer has a period of 14 (fourteen) days to withdraw from the Contract of Sale without having to provide any reason.
    2. The withdrawal period ends after 14 (fourteen) days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Product or in the case of multiple Products ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party,  different from the Carrier and designated by the Consumer, acquires physical possession of the last Product.
    3. To exercise the right within the terms, the Consumer must send the communication relating to the exercise of the right of withdrawal before the expiry of the aforementioned withdrawal period.

To this end, the Consumer may use the model withdrawal form referred to in the annex “Withdrawal form pursuant to the Consumer Code”, to be sent by registered letter to the Registered Office of the Seller or via PEC.

The Seller communicates, without delay, to the Consumer a confirmation of receipt of the withdrawal exercised.

  1. Obligations of the Seller in case of withdrawal
    1. The Seller reimburses all payments received from the Consumer, possibly including delivery costs, without undue delay and in any case within (14) fourteen days from the day on which it is informed of the Consumer’s decision to withdraw from the Sales Contract. On the contrary, any shipping costs for the return of the Product will be borne by the Consumer.
    2. Pursuant to art. 56 of the Consumer Code, the Seller may withhold the refund until he has received the Product or until the Consumer has demonstrated that he has returned the Products, whichever comes first.
    3. The Seller will make the refund by bank transfer.
    4. If the Consumer has any doubts about the procedure to be followed for the exercise of the right of withdrawal, he can contact the Seller at the addresses referred to in art. 12 “Communications and Contacts” to receive the necessary clarifications.
  1. Obligations of the Consumer in case of withdrawal
    1. The Consumer returns the Product to the Seller without delay and, in any case, within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the Sales Contract. The deadline is met if the Consumer sends back the Products before the expiry of the period of 14 (fourteen) days. The Consumer bears only the direct cost of returning the Products.
    2. The Consumer is responsible for the decrease in the value of the Product resulting from a handling of the Products other than that necessary to establish the nature, characteristics and functioning of the Product. In calculating the costs to be incurred by the Consumer, which caused the aforementioned decrease in the value of the Product, any kilometers traveled will also be taken into account.
    3. If the Product is used for reasons other than the need to establish the nature, characteristics and functioning of the same, the Consumer is obliged to pay the Seller compensation for the deterioration of the Product and for any kilometers traveled.
  1. Legal guarantee and return of the Product
    1. The Products sold through the Site enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code. The Products are presumed to comply with the Contract of Sale if, where relevant, the following circumstances coexist:
  1. they are suitable for the use for which products of the same type are usually used;
  2. conform to the description made by the Seller and possess the qualities of the Product that the Seller has presented to the Consumer as a sample or model;
  3. present the usual quality and performance of a Product of the same type, which the Consumer can reasonably expect, taking into account the nature of the Product and, where applicable, the public statements on the specific characteristics of the Products made in this regard by the Seller or its agent or representative, in particular in advertising;
  4. they are also suitable for the particular use desired by the Consumer and that has been brought to the attention of the Seller at the time of conclusion of the Sales Contract and that the Seller has accepted also for conclusive facts.

In addition, there is no lack of conformity if, at the time of conclusion of the Sales Contract, the Consumer was aware of the defect or could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer.

  1. The Products indicated on the Site are accompanied by a descriptive sheet of the main characteristics. The images and colors of the Products present 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 Consumer to view the Site. Therefore, the images published must be considered merely indicative within the limits of normal tolerance.
  2. Without prejudice to the provisions of the previous art. 9.2, the Seller is required to deliver to the Consumer Products conforming to those purchased.
  3. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the Product, provided that the lack of conformity has manifested itself within 2 (two) years from the delivery of the Product.
  4. The Consumer loses his rights relating to the legal guarantee in the event that he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect, by contacting the Seller by written communication to the addresses indicated in art. 12 “Communications and Contacts“. This complaint must contain an accurate and complete description of the defects or defects disputed and the photos of the Product, highlighting the lack of conformity reported.
  5. The Seller will respond without delay to the Consumer’s communication, giving him instructions for the possible return of the Product.
  6. In case of lack of conformity, the Consumer has the right to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate reduction in the price or to the termination of the Sales Contract.
  7. The Consumer may request, at his choice, the Seller to repair the Product or replace it, without charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other. To this end, one of the two remedies must be considered excessively onerous if it imposes unreasonable expenses on the Seller in comparison with the other, taking into account:
  1. the value that the Product would have if there were no lack of conformity;
  2. the extent of the lack of conformity;
  3. the possibility that the alternative remedy can be experienced without significant inconvenience for the Consumer.
  1. The expenses referred to in art. 9.7 and 9.8 refer to the costs necessary to bring the Products into conformity with the Contract of Sale, in particular with reference to the costs incurred for shipping, labor and materials.
  2. Repairs or replacements must be carried out within a reasonable period of time from the request and must not cause significant inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer purchased the Product.
  3. The Consumer may request, at his choice, a reasonable reduction in the price or the termination of the Sales Contract if one of the following situations occurs:
  1. repair and replacement are impossible or excessively expensive;
  2. the Seller has not repaired or replaced the Product within the reasonable period referred to in art. 9.10;
  3. the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.
  1. In determining the amount of the reduction or the sum to be returned, the use of the Product is taken into account, with particular reference to any kilometers traveled.
  2. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of repair or replacement, does not give the right to the termination of the Contract of Sale.
  1. Applicable Law and Jurisdiction
    1. These General Conditions of Sale are governed by Italian law and, in particular, by the Consumer Code, Chapter 1 “Of consumer rights in contracts“, with specific reference to the legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003 on electronic commerce.
    2. Any dispute that may arise in relation to the validity, interpretation, execution and termination of these General Conditions of Sale or of each Contract of Sale will be the exclusive jurisdiction of the court of the place of residence of the Consumer, if it is located in Italy.
  1. Consumer information
    1. Without prejudice to the consumer’s right to refer the matter to the competent court, pursuant to art. 10, the Consumer also has the possibility to resort, pursuant to Article 14 of Regulation (EU) No. 524/2013, to the platform established by the European Commission for online dispute resolution  (“ODR Platform”), through the assistance of an impartial body. The ODR Platform is accessible online at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
  1. Communications and contacts
    1. To receive assistance, make complaints or request information, the Consumer may contact the Seller using one of the following:
  • Customer service: +39 0681902742
  • E-mail (for general information): info@aeternadesign.com
  • E-mail (sales): commerciale@aeternadesign.com
  • E-mail (warranty service request): assistenza@aeternadesign.com
  • PEC:aeternadesignsrls@pec.aeternadesign.com.
  1. Miscellaneous
    1. The invalidity of one or more agreements contained in these General Conditions of Sale will not result in the invalidity of the General Conditions of Sale or of the other individual agreements of the same. In such a case, the Parties shall be required to seek in good faith, in a constructive spirit and within a reasonable time, an agreement to replace the invalid agreements with valid ones, the content of which allows the purposes of the invalid ones to be achieved to the fullest extent possible.
Shopping cart0
There are no products in the cart!