General contract and service conditions

1. Subjects
“Tecnozeta”: based in Via Leonardo Da Vinci, N. 3, Tax Code and VAT Number 02185280415
Mail –
n. phone – 0721/891907
is “Customer”: a person identified by the data entered at the time of registration and acceptance of these general conditions which designs, orders and purchases the product covered by the contract and service; that buys for purposes not related to any commercial or professional activity.

2. Subject of the contract and the service
With this contract Tecnozeta sales and the Customer purchases remotely through the website / www.ofoutdoorkitchens.itcustomized and modular kitchens.
The customer has the right to configure the kitchen through the virtual store on the web page /,choosing one of different types and models, indicating the sizes, components, layout and material, subject to the limits indicated in the configuration procedure.
At the end of this procedure, the customer can purchase the kitchen as configured.
The service offered does not include transport or installation of the kitchen at the address indicated by the Customer.
The Customer may request these additional services during the purchase process, according to the methods and costs referred to in point 4.
In any case, the installation service does not include any connections to the water supply, electricity and gas, or masonry works.
Tecnozeta will not be responsible for any discrepancies between the measurements indicated by the customer and the actual measurements of the place in which the kitchen will be installed; in this circumstance, any additional work that will be necessary to adjust the kitchen to fit the space, as well as the possible remaking of some or all components, will remain the sole responsibility of the Customer.

3. Terms of the contract ending
The contract between Tecnozeta and the Customer is concluded exclusively through the / site, through which the Customer, following the indicated procedures, can proceed with the purchase of the kitchen as configured, fitting and delivery , where required.
The Customer, after having configured the kitchen, will have to read, accept and print the present conditions, also declaring to have read the indications provided to him/her during the purchase and payment procedure, as well as to be aware of being the only one entity in charge in the indication of the data, and measures of the configuration shown for the kitchen that Tecnozeta realize especially for him.
The Images displayed in the online shop have merely illustrative purposes only and may not be perfectly representative and have characteristics of the selected components.
The Customer must complete the form on the electronic catalogue, indicating the types and models, measurements, components, features and materials , as well as the address where the installation needs be carried out, and send it, after viewing a web page summarizing the order, containing the details of the ordering party, the price, the methods and terms of payment chosen, the address at which to make delivery and installation , where requested , the delivery times, the times and the existence or otherwise of the right of withdrawal.
The purchase is considered completed, exclusively after the conclusion of the procedure indicated on the specific web page for the payment of the total price, according to the chosen method among those made available, as well as payment of the price and receipt thereof by Tecnozeta.
In the event that the Customer does not complete the payment procedure, the purchase will not be concluded, the order will have no effect.
The correct receipt of the order, after payment of the price, is confirmed by Tecnozeta at the e-mail address given by the Customer, through an e-mail containing the order number (to be used in all subsequent communications with Tecnozeta ) and all the information listed on the summary page.
In any case, the order remains pending until Tecnozeta obtains the payment receipt of the total amount.

4. Prices and payment methods
All prices quoted are “VAT included” , including all other taxes, and expressed in Euros and constitute an offer to the public pursuant to art. 1336 cc.
The validity of the prices is always the one indicated when the order is confirmed.
The prices of some or all the products can in fact vary even more times in the same day without the need for any notice.
Any payment by the buyer can only be made using one of the payment methods indicated on the specific web page.
The price does not include delivery and fitting. These additional services can be requested, individually or together, during the purchase procedure, by selecting the right option.
The selection of each additional service entails an increase in the total price, the amount of which is indicated separately from the purchase price of the kitchen before the Customer makes the payment.
The delivery service, if selected, will be carried out at the address indicated by the Customer.
Any changes requested by the CUSTOMER after the conclusion of the contract, is about the design of the kitchen, which about to the delivery, must be previously accepted by Tecnozeta, which will confirm the email address provided by the customer.
In any event, such modifications can be, caught by and to an increase of the total price of the order and will not be year processed by Tecnozeta until the receipt of payment of ‘ further required amount.

5. Billing
For each order once paid, the Tecnozeta invoice is issued to the Customer with all the info provided when the order is placed.
This fiscal document will be sent together with the goods.
No changes to the invoice will be possible after the issuance of it.

6. Customer’s obligations
The Customer undertakes to pay the requested price within the times and in the manner indicated by these conditions.
The Customer, once the purchase process is completed, undertakes to print and keep a paper copy of this contract.
The Customer guarantees, assuming all responsibility and excluding Tecnozeta from any prejudicial consequence, that its data provided at the time of acceptance of these conditions and the execution of the order are true and allow the identification of the true identity of the Customer itself, who also undertakes to immediately inform Tecnozeta in writing, or by e-mail, of any variation of the data provided; any change, to become effective, must be subject to written confirmation by Tecnozeta.
The Customer undertakes to communicate to Tecnozeta a valid e-mail address in order to allow the forwarding of order confirmations and any communication.

7. Consumer protection
In the event that the Customer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, the term “consumer” must be understood and, therefore, the special rules established in particular by the D shall apply to this contract. Legislative Decree 206/2005 (Consumer Code) and its additions and modifications; in the event that the Customer is a professional, or legal person who acts in the exercise of his business, commercial, craft or professional activity, or his intermediary, the general legislation applies.
In this contract, however, a professional is considered who, in the transmission of his data in the order, indicates the VAT number to be included in the invoice.

8. Right of withdrawal
All products offered to the customer are custom, made to order and according to the specification required, therefore , the meaning of ‘ art. 59 paragraph 1 letter. c ) D. L gs. 206/2005 Consumer Code , as amended by Legislative Decree 21/2014 ( “goods made to specifications or clearly personalized”) , as well as Directive 2011/83 / EU of the European Parliament (“non-prefabricated goods produced on the basis of a choice or individual decision of the consumer”) the right of withdrawal is excluded.
Once the good has been purchased (by sending the order and paying the total price) the Customer will not be able to claim the cancellation of the contract with the return of the price paid, as Tecnozeta is realising or has already produced a product having the specific characteristics required by the Customer.
In any case, the Customer is guaranteed a period of 7 days to cancel the order before the production phase begins.

9. Production, delivery and installation times and methods
The completion of the production of the ordered kitchen will take place at least 90 days from receipt of payment of the full amount as per the order confirmation; in any case, it will take place within ___________ days of receipt of payment.
Once production is complete, Tecnozeta will inform the CUSTOMER. From that moment on, the kitchen will be available to the customer at the Tecnozeta premises . The Customer undertakes to collect the product as soon as possible, and in any case not later than 30 days; also undertakes to communicate in advance to Tecnozeta an indicative date and time in which it will pick up the goods during working hours and days (excluding Saturdays, Sundays and holidays).
If the Customer has selected the relevant options, once the production is completed, Tecnozeta will contact the Customer at the addresses supplied by him at the time of the purchase procedure to agree on the date and time of delivery and / or fitting of the requested kitchen. This will be done during normal working hours and on working days (excluding Saturdays, Sundays and holidays).
Every change inherent with type, model or finishing as well as any other information necessary or useful for the production of the desired configured kitchen determines a new start of the delivery period of 90 days, and in in any case the payment of the due increase.
The term is purely indicative and may undergo variations, therefore, it is not contractually binding and cannot in any way be considered essential by the Customer.
In any case, the Customer cannot claim against Tecnozeta any right to obtain compensation or compensation for direct or indirect damage to people and / or things caused by the failure to process the order and / or delays in production and / or shipping and delivery, excluding any contractual or extra-contractual liability of Tecnozeta .

10. Impossibility of order fulfilment and / or delivery / fitting
In the event that Tecnozeta cannot carry out the production and processing of the kitchen ordered for any problem encountered, at its sole discretion, it will inform the Customer, reserving the right to terminate the contract by a simple communication, without carrying out the execution of the order and with the sole obligation to promptly return the sums paid by the Customer with a bank transfer to the account whose details (IBAN code) must be indicated by the Customer.
In all cases in which the kitchen cannot be delivered to the Customer for reasons not attributable to Tecnozeta, the order will be considered processed, charging the Customer the amount of any additional costs incurred by Tecnozeta, which in this case may use the good as It wishes.
The mismatch between the address indicated in the order and the actual one as well as the absence of the customer or his representative at the agreed time for delivery will entitle Tecnozeta not to proceed to delivery. The additional costs that will arise will be charged to the CUSTOMER.

11. Limitations of liability
Tecnozeta assumes no responsibility for disruptions caused by unforeseeable circumstances or force majeure in the event that it is impossible to execute the order within the estimated time.
Tecnozeta is not responsible, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the internet line outside its control.
Tecnozeta cannot be held responsible for any damages, losses and extra costs incurred by the Customer following the non-execution of the contract for reasons not attributable to him; in this case, the Customer will only be entitled to a refund of the price, minus the amounts corresponding to the components already produced.
The Customer is solely responsible for any discrepancies between the measurements indicated and the actual measurements of the space in which the kitchen will be installed; in this circumstance, any additional work that will be necessary to adapt the kitchen to the place of installation, as well as the possible remaking of some or all components, will remain the sole responsibility of the Customer. In any case, the installation service never includes any connections to the water supply, electricity and gas, or masonry works.
Tecnozeta will not be responsible for direct or indirect damage to people and / or things caused by the failure to process the order and / or delays in production and / or shipping and delivery, whether by contract or extra contract.
Tecnozeta cannot in any way be charged with detrimental consequences deriving from errors committed by the Customer in providing their data upon acceptance of these conditions and the execution of the order.

12. Warranty for defects of faulty
The product purchased by the Customer has a defect or lack of conformity when: the chosen material and / or measurements shown in the order do not correspond to those of the good received; the configuration does not correspond to the one to the order sent; the material has surface or structural defects.
The Customer , in the event of a defect of faulty, may request repair of the product or replacement of the product without incurring in any expense, unless the requested fixing is objectively impossible or excessively expensive compared to the actual defect . The Customer can request the reduction of the price or the termination of the contract if the repair or replacement is objectively impossible to carry out or excessively expensive, or if Tecnozeta has not repaired or replaced the good within a reasonable period (which cannot be less than 90 days).
The termination of the contract (with the return of the goods and the price) cannot be requested if the lack of conformity is minor. The request must be sent in written form by (PEC) Email or recorded delivery to Tecnozeta, which will indicate its willingness to proceed with the request or the reasons that prevent it from doing so within a reasonable period (however not less than 7 days); in the same communication, Tecnozeta will have to indicate the shipping methods.
In any case, for the purpose of evaluating the value of the defective goods for the full and / or partial return of the price, the use that has already been made of the goods by the Customer will be taken into consideration.
In the event of a declaration of defects or lack of conformity, Tecnozeta reserves the right to have the existence and nature of the defect reported verified by one of its appointees.
In the event that the Customer is an individual, Tecnozeta is liable for any lack of conformity which occurs within 2 years from the date of delivery of the goods and is reported by email, fax, PEC or recorded delivery by 2 months from discovery, under penalty of forfeiture.
In the event that the Customer is not an individual, Tecnozeta, is held to the same guarantee for one year from the delivery of the goods and if the defect is reported under penalty of forfeiture within 8 days from the discovery, with the same modalities as above.
This warranty operates if the asset is used in appropriate manner to the nature and normal use for which the asset is intended. Does not operate in the case of improper use. There are, moreover, covered by this guarantee the non-compliance due to negligence or carelessness in use of the asset, or other circumstances that can not be attributable to manufacturing defects and / or compliance of the product.

13. Warranty extension
L’estensione di garanzia viene applicata solo su elementi di produzione Tecnozeta srl. Non riguarda pertanto elettrodomestici, lavabi, rubinetti e accessori vari.

14. Privacy and information protection and consent to the processing of personal data (pursuant to Legislative Decree 196/2003 and EU Regulation 2016/679)
Tecnozeta protects the privacy of its customers and guarantees the processing of data in compliance with the provisions of national and EU legislation.
Tecnozeta pursuant to art. 13 of Legislative Decree 196/2003 , as well as EU Reg. 2016/679 informs the Customer that:
– the personal data collected will be processed solely for contractual purposes according to current legislation;
– the Data Controller is Tecnozeta itself;
– the data processing methods involve the use of computerized, automated and manual means;
– the scope of communication of the data is limited exclusively to the subjects necessary for the fulfilment of the contractual operations and the observance of legal obligations; therefore they can be communicated to Administrations or Public Entities, accountants, private subjects directly involved in the performance of the contractual service or entitled to know the data according to the law;
– the dissemination of personal data is excluded, which, therefore, will not be used for the purposes of commercial information or the sending of third-party advertising material, nor for the performance of market research or interactive commercial communication, if not following preventive expression of consent by the Customer;
– the provision of the requested personal data is optional but, in the absence of those, Tecnozeta is unable to fulfil the requested contractual service;
– Tecnozeta recognizes and guarantees the Customer the exercise of access rights to its data pursuant to art. 7 of Legislative Decree 196/2003.
Proceeding with the purchase, the customer consents to the processing of his personal data in the manner and for the purposes indicated in the information.

15. Communications
The notifications relating to all the online services (including those relating to purchased orders) will be carried out by Tecnozeta via email to the address specified by the customer at the time of the purchase.
The Customer acknowledges its full validity, including probative value, and expressly renounces to deny the content of the declarations sent and / or received in electronic format by e-mail.
The Customer undertakes to affix his name and surname at the bottom of any electronic communication sent to Tecnozeta, which cannot be held responsible for any consequence resulting from the breach of this obligation.
The Customer also undertakes to always use the same e-mail address indicated for the purchase procedure with Tecnozeta; Tecnozeta will not be able to take into consideration communications from other e-mail addresses.
Communications to Tecnozeta can be made by e-mail, PEC or recorded delivery to the addresses listed in point 1 “Subjects”

16. Method of conservation of the contract
Pursuant to art. 12 D. lgs. 70/2003, Tecnozeta informs the Customer that the orders sent are stored in digital form, on the server at its head office, and / or on paper, according to criteria of confidentiality and security.

17. Jurisdiction
In the event that the Customer is an individual, the competent court is without fail that of the place of residence of choice of the Individual.
In the event that the Customer is not an individual, the competent court is that of Pesaro (Italy).
In any case, they are subject to different legal provisions.

18. Applicable law.
For any dispute arising from this contract, is applied exclusively the law of the Italian State, unless otherwise provided by law.

Pursuant to and for the purposes of art. 1341 and 1342 cc . , the Customer expressly accepts the following clauses:
3. Procedure for the conclusion of the contract (responsibility for the indication of data, measurements and configuration; purely illustrative purpose of the images)
4. Prices and payment methods (increase for changes)
8. Right of withdrawal
9. Delivery times and methods
10. Impossibility of order fulfilment and / or delivery / installation
11. Limitations of liability
12. Warranty for defects and defects
14. Privacy and information protection and consent to the processing of personal data (pursuant to Legislative Decree 196/2003 and EU Regulation 2016/679)
15. Communications
17.  Jurisdiction
18. Applicable law

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