General conditions of Sale

1. Object

Alberti Diego & C. s.r.l. governs with these General Conditions of Sale, the offer and remote sale of its products via internet by accessing the website www.albertimodena.it (hereinafter also “Online Sale”).

Each purchase transaction will be governed by the provisions of Legislative Decree no. 185/1999 and, as far as the protection of privacy is concerned, it will be subject to the legislation referred to in Law no. 675/1996 and subsequent amendments.

2. Identity of the Seller

The Products covered by these General Conditions of Sale are offered for sale by Alberti Diego & C. s.r.l., based in Corso Canalchiaro 66 a Modena, VAT Nr. 01045600366.
For any communication, you can quickly contact the Seller:

  • by phone +39 059 242121
  • by e-mail at: info@albertimodena.it, listaregali@albertimodena.it
  • By Skype or Whatsapp.

3. Acceptance of the General Conditions of Sale

The Customer, with the acceptance of the General Conditions of Sale and the finalization of the purchase, unconditionally accepts the undersigned Conditions as a purchase contract, and undertakes to observe them in his relations with Alberti Diego & C. s.r.l., pursuant to the aforementioned regulations. The Customer also acknowledges that the company Alberti Diego & C. s.r.l. does not consider itself bound to different conditions unless previously agreed in writing.

4. Modification of the General Conditions of Sale

The Seller reserves the right to make changes at any time to these General Conditions of Sale under which the site and services are offered. Therefore, the Customer must undertake to regularly read the General Conditions of Sale in force at the time of purchase. The fact that the Customer continues to use the site and / or the company’s services Alberti Diego & C. s.r.l. constitutes your acceptance of all the specified terms and conditions.

5. Customer Registration

The use of some pages and / or services of the site can only take place after the Customer has registered; the aforementioned registration procedure must contain current, complete and accurate information, as required by the relevant form. The Customer can correct and modify his registration data at any time by accessing his personal account. The Customer may also be asked to choose a password to access the services, the confidentiality and protection of which will remain under the full and sole responsibility of the Customer. Alberti Diego & C. s.r.l. will not be liable for any damage caused by the use of the Customer’s password by third parties, with or without the Customer’s authorization.

6. Privacy Policy

The Seller protects the Customer’s privacy and guarantees that the processing of personal data complies with the provisions of the privacy legislation referred to in Legislative Decree no. 196/2003.
For more details, see the “Privacy and Cookie Policy” page of the website www.albertimodena.it.

7. Use of the website and services

The website www.albertimodena.it o the related services may contain communities, personal web pages, file archives and/or other communication services aimed at allowing the Customer to communicate with other subjects (collectively, “Communication Services”). The Customer undertakes to use the Communication Services only in relation to materials and information that are appropriate and in particular not to publish, send, upload, distribute or disseminate inappropriate, profaning, defamatory, violating arguments, names, materials or information the rights of others, obscene, indecent or illegal. The Customer must not intentionally upload and / or distribute files that contain worm viruses, altered files or other software that may damage the operation of the computers of others, falsify or delete attributions to authors, communications of legal content, or other appropriate communications , or designations relating to intellectual property rights or notices relating to the origin or source of the software or other material contained in the website. Alberti Diego & C. s.r.l. It is not required to verify the Communication Services, however it reserves the right to review materials submitted to the Communication Service and to remove such materials in its sole discretion. Alberti Diego & C. s.r.l. reserves the right to terminate the Customer’s access to any or all of the Communication Services, at any time, without notice and for any reason.

8. Limitation on the use of the website and services

It is expressly forbidden for the Customer to use the site or the services contained therein for purposes that are illegal or prohibited by the provisions of the law in force. The Customer may not use the site or services in a way that could damage, disable, overload or prejudice the site or part of it, interfere with its use and / or enjoyment by others. The Customer may not attempt to obtain or do an unauthorized access to the website or the services of Alberti Diego & C. s.r.l. by means that are not intentionally made available or provided through the website or by Alberti Diego & C. s.r.l..

9. Prohibition of use of the material on the website

It is forbidden to reproduce, modify, display, use on other sites, including for commercial purposes, the material published on the site www.albertimodena.it (photographic images, illustrations, texts, videos, etc…) without prior written authorization issued by Alberti Diego & C. s.r.l..

10. Limitation of Liability for website Contents

Alberti Diego & C. s.r.l. disclaims any responsibility for the consequences deriving from possible malfunctions of the site and / or for damage or loss of profits that may arise both towards the Customer and third parties. The use of the services is entirely at the Customer’s risk. Services are accessible without warranties of any kind, both explicit and implicit.

11. Customer commitments

  • These General Conditions of Sale must be examined online by the Customer visiting the website www.albertimodena.it before confirming their purchase. The finalization of the purchase therefore implies full knowledge of them and their full acceptance.
  • The Customer undertakes, once the purchase procedure has been completed, to print and keep these General Conditions of Sale, already viewed and accepted during the purchase process, in order to fully satisfy the condition referred to in the articles 3 e 4 del D. Lgs n. 185/1999.

12. Product Information

  • The website www.albertimodena.it is offers the possibility to purchase products for the home and free time.
  • The Products that can be purchased are those in the Seller’s electronic catalog according to the availability indicated. If an order exceeds the quantity of Products available in stock, the Seller will evaluate from time to time whether or not to accept orders on reservation of the Products in question, communicating any waiting times and relative delivery times.
  • The Products are illustrated and described in the relative descriptive and technical sheets. The technical information included in the site faithfully reproduces those of the manufacturers and/or suppliers of the Products. The Seller, therefore, reserves the right to modify the technical information of the Products to adapt them to those provided by the manufacturers and/or suppliers, without the need for any prior notice.
  • The photo of the Products are for illustrative purposes only. The Seller undertakes to constantly take measures to ensure that the photographs shown on the site are reproductions as faithful as possible of the original Products offered, including the adoption of every possible graphic solution to minimize inaccuracies. However, some variations are always possible due to the technical characteristics and color resolution of each computer; consequently, the Seller will not be responsible for any inadequacy of the graphic representations of the products shown on the site, since these representations are merely illustrative.
  • The prices of the Products are all inclusive of VAT and expressed in Euros. The validity of the prices indicated is always and only that indicated by the aforementioned website at the time of purchase. It is expressly understood that the prices of the Products may vary without prior notice. It is therefore necessary to ascertain the final sale price before proceeding with the relative order.

13. Online selling

  • The online sales contract is concluded through the internet by accessing the website www.albertimodena.it, where, following the procedures indicated therein, the Customer formalizes an order for the purchase of the chosen Products.
  • Before the conclusion of the purchase, the customer will be summarized the unit cost of each product chosen, the total cost and the related shipping costs. By placing the order, the Customer declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions of Sale. The Customer also acknowledges that this order implies the obligation to pay according to the instructions and methods provided by the Seller.
  • With the conclusion of the purchase, the Customer will receive an order confirmation by e-mail with an identification number, to be used in any further communication with the Seller.
  • Acceptance of the aforementioned order is considered tacit, unless otherwise communicated in any manner. However, the Seller reserves the right, at its sole discretion, not to accept the order, in whole or in part. In case of non-acceptance, the Seller undertakes to provide the Customer with timely communication.
  • The order will be processed only after verifying the receipt of payment and according to the availability of the requested Products in stock.
  • Once the payment has been received and the shipment has started, the order procedure will be considered concluded and completed and a communication confirming the conclusion of the order will be sent to the Customer by e-mail, to the address provided during the purchase phase. .

14. Offers, Discounts and Gift Cards

  • Offers and discounts are not cumulative and are subject to limitations according to regulation by Alberti Diego & C. s.r.l..
  • Discount coupons can be used on the website www.albertimodena.it by entering the promotional code at the checkout stage of the purchase; they can also be used at the physical location of the store only by printing and presenting the aforementioned promotional code. The discount indicated in the coupon is applicable once and on a single expense, within one year from the date of issue; items on sale, Gift Cards and purchases in the Gift List are excluded.
  • Gift Cards are gift vouchers of the indicated purchase value. They can be used on the website www.albertimodena.it by entering the voucher code at the checkout stage of the purchase; they can also be used at the physical location of the store only by printing and presenting the aforementioned gift voucher. The Gift Card can be used for online purchases only once and for a single purchase; for purchases at the physical store, it can also be used several times, gradually decreasing the amount of purchases until the value of the voucher is exhausted. Gift Cards can be used within one year from the date of issue; items on sale and the purchase of other Gift Cards are excluded.

15. Payments

Payment for the Products purchased and the related shipping costs must be made by the Customer at the final stage of the purchase, choosing from the following payment methods, as indicated on the website www.albertimodena.it:

  • Payment by credit cards

    Through the Stripe or Paypal payment services, it is possible to pay with the main credit cards. The transaction takes place online through Unicredit’s secure systems and no credit card information is transferred to the Seller. The data relating to the order are transmitted encrypted according to the SSL (Secur Socket Layer) system directly on the Stripe/Paypal servers which guarantee the security of data transmission in accordance with current regulations. In no case can the Seller therefore be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.

  • Payment by bank transfer

    Payment can be made by bank transfer by debiting the amount directly to your current account. The bank details for the transfers are displayed after the conclusion of the order and sent by e-mail to the Customer together with the order confirmation. The purpose of the bank transfer must include the order ID as per the order confirmation email; in the case of purchases on the Gift List, the reason must also include the details of the aforementioned List. It is advisable to send a copy of the receipt of the bank transfer to the email info@albertimodena.it, to speed up the management times of the order in question.

16. Delivery times and methods

  • Each shipment contains: the Products ordered, the related transport document and / or any accompanying invoice, any information and marketing material.
  • For the issuance of the invoice, the information provided by the Customer at the time of the order will prevail; no change in the invoice will be possible after the invoice has been issued.
  • The Seller will arrange the shipment of the Products ordered by the Customer within approximately 72 working hours from the acceptance of the order. The shipment will be made, by post or courier, to the address indicated by the customer when ordering. The Seller is not responsible for errors in delivery due to inaccuracies or incompleteness in completing the purchase order. We do not accept shipments to post office boxes.
  • Shipping costs are invoiced on the basis of the rates indicated on the site or communicated by Customer Service on the date of acceptance of the order. As explicitly highlighted in the order, shipping costs are charged to the Customer for orders for a total amount of less than € 49.00, and free for shipments to Italy for orders for a total amount greater than that amount. However, shipping costs may vary from the aforementioned standard depending on the fragility of the product and its value, for which, at the discretion of the seller, shipments with insurance are mandatory.
  • The delivery of the order is always free and paid by the Seller if the shipping address is in Modena
    (CAP 41121-41126) or if it is at one of the following ZIP codes: 41030, 41011, 41012, 41013, 41051, 41049,
    41014, 41042, 41043, 41053, 41015, 41018, 41019, 41057, 41058.
  • The “Standard Shipping” includes the basic delivery service of the goods, covered, in case of damage, only by the minimum Vector Liability of the courier in question. The “Insured Shipping” includes additional shipping insurance that protects the goods in case of damage, theft or loss for the amount of its value. Insurance is an additional service that may be optional at the Customer’s discretion, mandatory in the case of fragile and valuable products, or charged to the Seller as a service offered.
  • Delivery times start from the moment the courier takes charge of the shipment (collection of the shipment at the Seller’s headquarters). The Seller assumes no responsibility for delays and/or inefficiencies not attributable to it, in the event that it is not possible to execute the order on schedule.
  • The delivery of the Products may take place between 24 hours and 15 working days, depending on the place or country of destination, the availability of the Products in stock and the courier’s delivery times. The delivery of the Products may be split, without this entailing any responsibility for the Seller. In case of immediate non-availability of the Product in stock, the Customer will be promptly notified.
  • Except for specific agreements, the delivery always means at street level. Two delivery attempts are always included in the shipping costs. The Customer who has provided a valid email and mobile phone number during registration will be provided with information to monitor the status of the shipment (online tracking or smart alert).
  • Upon receipt of the goods at their home, the Customer is required to verify that the packaging of the packages is intact, not damaged or wet or otherwise altered, even in the sealing materials (adhesive tape or staples). In the event of the aforementioned anomalies, the Customer must immediately detect, note and contest the same to the courier and affixing the words “RESERVE OF CONTROL” written on the courier’s proof of delivery; otherwise, the Customer will lose the possibility of asserting his rights.
  • The Courier is responsible for the delivery. The Seller undertakes to collect any reports of non-delivery or delayed delivery of the products and, if necessary, to assist the Customer in protecting their rights as required by law.
  • Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery, via email, to the address info@albertimodena.it.
  • In case of non-collection within 5 working days of the material in stock at the courier’s warehouses due to repeated inability to deliver to the address indicated by the Customer at the time of the order, the order will be automatically canceled; in this case the Seller will refund the amount received as payment, net of the costs for the attempted and unsuccessful shipment.
  • Shipments abroad can be made with different couriers depending on the country of destination, in order to ensure the customer the best available rate. For shipments to non-EU countries, the recipient of the goods is responsible for paying the taxes, duties and customs duties provided for by the legislation in force in the territory of destination of the products.

17. Collection of the product at the point of sale

The Customer, having visited the order summary, may avail himself of the right to personally collect the Products purchased at the Seller’s headquarters Alberti Diego & C. s.r.l., based in corso Canalchiaro 66 a Modena, selecting the mode “Withdrawal in store” in the checkout final phase. The collection of the Products at the point of sale will be possible only by showing the order confirmation received by e-mail.

18. Legal guarantee of conformity and after-sales assistance

  • The Seller is responsible for any defect of the Products ordered, in accordance with the provisions of Italian law.
  • This guarantee is applicable to the Product that has conformity defects and / or malfunctions not detectable at the time of purchase, provided that the Product has been used correctly and with due diligence, in compliance with its destination and as provided in any technical documentation, in compliance with the various operating rules indicated therein.
  • The aforementioned warranty will not be applicable in the event of negligence, carelessness in the use and maintenance of the Product and in the case of connection to electrical systems or any other connection that is not up to standard.
  • The guarantee is personal and will therefore apply only to the original purchaser, as it is reserved only for direct customers and not for dealers, resellers and others.
  • Any lack of conformity and / or malfunction of the Products must be reported within 2 years from the date of physical delivery of the Products and in any case within 2 months of the discovery of the defect itself, upon presentation of the proof of purchase. The report, containing the description and proof of the defect and the identification references of the purchase order, must be written and sent by e-mail to info@albertimodena.it.
  • Subsequently, the Seller will indicate its willingness to proceed with the request, or the reasons that prevent it from doing so, within 7 working days of receiving the notification of the defect. The Seller must also indicate the methods of shipment or return of the Products, as well as the deadline for the shipment or return of the aforementioned defective Products.
  • Alberti Diego & C. s.r.l. reserves the right to verify if the malfunction stated by the Customer
    depend on a lack of conformity and to make the replacement only after this check.
  • The Product, even if defective, in order to be replaced, must, at the time of return, be complete with all accessories and any documentation received from the Customer at the time of purchase. The return of the Product without the original packaging, accessories and any documentation referred to above, prevents the Seller from replacing the Product itself.
  • In the event of an ascertained defect, the Customer will have the right to obtain the restoration of the conformity of the Products without charge, by repair or replacement, or to obtain an appropriate price reduction, or the termination of the contract. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
  • All return costs for Products showing conformity defects will be borne by the Seller.
  • Some Products may be further covered by a Conventional Warranty recognized by the manufacturer, within the terms and duration established by the manufacturer. This Guarantee (where applicable) does not replace or limit the Legal Guarantee of Conformity.
  • Returns must be made to this address: Alberti Diego & C. s.r.l., corso Canalchiaro 66, 41121 Modena, Italy.

19. Right of withdrawal

  • Without prejudice to the provisions of art. 59 of Legislative Decree no. 206/2005 (Consumer Code), the customer has the right to withdraw from this purchase contract within 14 days. The right of withdrawal expires after 14 days from the date on which the Customer, or a third party other than the carrier and designated by the Customer, acquires physical possession of the Products.
  • In order to exercise the right of withdrawal, the Customer is required to inform the Seller via the Withdrawal Form (downloadable on the Returns and Withdrawals page of the site) or an equivalent explicit written declaration containing the identification references of the order; this documentation must be sent by registered letter with return receipt to Alberti Diego & C s.r.l. corso Canalchiaro 66 41121 Modena or by certified e-mail to albertimodena@legalmail.it .
  • The Seller will notify the Customer of the confirmation of receipt and acceptance of the withdrawal exercised, to the e-mail address indicated by the Customer when placing the order. No returned goods will be accepted, if without authorization to return. To meet the withdrawal deadline, it is sufficient to send the communication relating to the exercise of this withdrawal before the expiry of the withdrawal period.
  • The Customer is required to return the Products to the geographical address of the Seller, or to deliver them to a third party authorized by the Seller to receive the Products, without undue delay and in any case within 14 days from the date of communication of the withdrawal from this contract pursuant of the art. 54 of Legislative Decree n. 206/2005. The deadline will be respected if the Customer sends back the goods before the expiry of the 14 days.
  • The direct costs of returning the goods to the Seller, or the costs of returning the goods, are charged to the Customer as required by Italian law, unless otherwise agreed between the parties.
  • If the Customer withdraws from this contract, the Customer will be refunded the payment including the Standard Shipping Costs, in the same way as used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties. The refund will be held by the Seller until receipt of the Products and will be made within 14 days of said receipt.
  • Alberti Diego & C. s.r.l. accepts without hesitation the return of any item with the exception of tailor-made or clearly personalized products, gift vouchers, perishable goods with expiry date and sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery, provided they are in perfect condition and accompanied by the complete original packaging and all accessories and any documentation received from the Customer at the time of purchase.
  • The right of withdrawal applies to the Product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased Product (components, accessories, etc …)
  • On his return, the product will be inspected for any damages not caused by transport; if the Product is tampered with, worn or deteriorated, the refund amount will take into account the decrease in value and devaluation of the asset.
  • The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer; Alberti Diego & C. s.r.l. is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.
  • In case of damage to the goods during transport, Alberti Diego & C. s.r.l. will notify the Customer of the incident (within 5 working days of receipt of the goods in his warehouse), to allow him to promptly file a complaint against the courier of his choice and obtain a refund of the value of the goods (if insured); in this case, the Product will be made available to the Customer for its return, at the same time canceling the request for withdrawal.
  • In case of forfeiture of the right of withdrawal, Alberti Diego & C. s.r.l. will provide for timely communication; the product will remain available to the customer for a period of 30 days from the date of dispatch of the registered letter. After this deadline, the product will be eliminated without further notice.
  • Returns must be made to this address: Alberti Diego & C. s.r.l., corso Canalchiaro 66, 41121 Modena, Italia.

    20. Storage mode of the contract

    Pursuant to art. 12 of Legislative Decree no. 70/2003, each order sent to the Seller will be stored in digital and/or paper form on the server and/or at the Seller’s headquarters, according to confidentiality and security criteria.

    21. Applicable law and competent court

    These General Conditions of Sale are governed by Italian law. For anything not expressly provided for herein, Italian law applies. For any dispute concerning the validity, interpretation or execution of these General Conditions of Sale, the Court of Modena will have exclusive jurisdiction. This Condition can be registered (printed and saved) on a durable medium in accordance with art. 23 of Regulation 44/2001 (Brussels I Regulation).