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Legal & Privacy

Terms and Conditions of Sale

1. SELLING COMPANY AND SITE OWNER

The products purchased on the website Piccoli Smalti (here in after referred to as the Products) are sold directly by the sole proprietorship Giovanna Morganti,  the owner of this website, duly registered with the Milan Companies Register under number MRGGNN69R70F205W, REA number MI –2659095, Tax Code MRGGNN69R70F205W, VAT number 12391950966 with its operational headquarters and registered office at Via Vivaio 23, 20122 Milan, Italy.

2. ORDERS

The General Terms and Conditions of Sale are an integral part of the Purchase Order and the subsequent online sales agreement  entered into between the buyer, hereinafter referred to as the Customer, and the sole proprietorshipGiovanna Morganti, hereinafter referred to as the Seller, in relation to  the Products on the website Piccoli Smalti.

The Customer is therefore required to carefully read these General Conditions of Sale and, consequently, not to execute orders on the website in case of their disapproval.

The forwarding of  the Purchase Order implies complete knowledge and express acceptance of the General Terms and Conditions of Sale, as well as of the terms indicated in the Order Form.

Once the Purchase Order is submitted, the Customer is required to print and retain or download and store these General Terms and Conditions of Sale along with the Order Form, which will be considered reviewed and accepted by the Customer.

The Customer must be aged 18 or over  and have the legal capacity to act in order to make  a valid Purchase Order;  both requirements are presumed to be present if the Customer chooses to complete the Purchase Order.

3. CONTRACT CONCLUSION

The display of the Products on the website https://piccolismalti.com constitutes an offer to the public. 

To proceed with the purchase of one or more Products, it is necessary to correctly complete the Order Form in all its sections and submit it electronically to the Seller by following the following purchase process.

The Purchase Order prepared by the Customer may only be submitted upon confirmation, via a specific command, that the Customer:

  • has read and accepted these General Terms and Conditions of Sale;
  • has been informed and acknowledges that submitting the Purchase Order creates an obligation to pay for the selected Products, and that payment can be made either by credit card or through the secure PayPal system, as indicated by the Customer.
 

Without these confirmations, the Order cannot be submitted by the Customer or processed by the Seller.
All orders are deemed accepted, subject to formal approval by the Seller, as outlined below. 

The information provided in the Order is considered accurate by the Seller. The Order Form will be stored in the Seller’s dedicated database, and upon contract completion, the Seller will process the Purchase Order.
The purchase contract is considered concluded when the Customer receives, electronically, via a pre-set email, the confirmation from the Seller acknowledging receipt and acceptance of the order (the so-called ‘Order Confirmation’).

This communication will reference the applicable general terms and conditions of the contract (also available on the site’s homepage) as well as any specific contractual terms. The Customer will also receive, via email from the Seller, information regarding the essential characteristics of the Products, their prices, and the selected payment method. The Customer retains the right to withdraw from the contract in accordance with the terms outlined in Article 10 below. The Customer is required to print, retain, or download and store the Seller’s order acceptance confirmation.
However, the Seller reserves the right to reject purchase orders that are incorrect and/or incomplete. In such cases, the Seller will notify the Customer that the contract has not been concluded and that the order will not be processed. Any amounts already paid by the Customer will be refunded using the same payment method employed for the original transaction. In this case, the Customer will not be entitled to any further reimbursement, indemnity, or compensation for damages.

4. OBJECT OF THE CONTRACT

The contract may cover all Products listed in the catalog.
The Products described are sold by the Seller through the website Piccoli Smalti. The main characteristics of each Product are detailed on its individual Product sheet.
The images accompanying the Product descriptions are for illustrative purposes only and may not fully represent the actual characteristics of the Product, such as color and size variations, due to differences in the hardware or software used by the Customer to access www.piccolismalti.com and view the images.

5. PRICING AND SHIPPING TERMS

The prices of the Products are as indicated on the www.piccolismalti.com website.
The Seller reserves the right to modify the prices of the Products on www.piccolismalti.com at any time. However, for Purchase Orders that have already been submitted, the Seller agrees to apply the prices displayed on Piccolismalti.com at the time the order was placed.
The prices of the Products listed on Piccolismalti.com include applicable VAT,  but exclude shipping costs.
Shipping costs are generally covered by the Seller, except for certain Products that require special handling due to their size or materials. For these Products, shipping costs will be borne by the Customer and will be clearly stated on the product sheet and in the Purchase Order. The Customer will then have the option to confirm or cancel the order.
Regardless of shipping costs, for deliveries outside of Italy, any customs duties, taxes, or fees imposed by the destination country will be borne by the Customer once the package reaches the specified destination.

6. SHIPPING

The ordered Products will be delivered to the address provided by the Customer during the submission of the Purchase Order, via courier or postal service. By completing the Order Form, the Customer agrees to the shipping terms indicated on the www.piccolismalti.com website.

7. DELIVERY METHODS AND TIMES

If the Customer is a Consumer (defined as any individual acting on Piccolismalti.com for purposes unrelated to their business or professional activity), as outlined in Legislative Decree No. 206 of September 6, 2005, the following delivery terms and conditions apply.

Orders will be processed within a maximum of 48 (forty-eight) business hours from the confirmation of payment receipt by the Seller.

Delivery times for the Products may vary depending on
a) product availability,
b) packaging and shipping, 
c) delivery location.

Regarding point a), as the Products consist of handcrafted design items   often unique pieces, stock availability is limited. If a Product is out of stock and requires an additional time for production, this will be indicated to the Customer upon completion of   the Order Form.

Once payment is confirmed the Products will be delivered within the estimated timeframes   outlined on the website and in the Order Confirmation.

Upon shipment of the Products, the Customer will receive an email notification confirming dispatch.

The delivery times provided in the Order Confirmation are indicative, and delays of up to 30 days will  not entitle the Customer to refuse  delivery, except as stipulated in the right of withdrawal as specified below, or to claim damages or compensation.

8.PRODUCT RECEIPT PROCEDURE

Regardless of whether Customers choose to insure their Products through an optional command when entering their shipping and billing information, the following steps must be taken upon receipt of the package(s), 

  • verify that the package is intact;
  • ensure the package is not wet or damp;
  • confirm that the package meets standard requirements.

In the event of damage, missing items, irregularities, disputes, or any other issues,the Customer must: 

  • Clearly note these issues on the delivery document or invoice;
  • Have the delivery agent countersign the document;
  • Specify which items are affected and the exact nature of the problem, including a clear reason for refusing the delivery.

To enable the Seller to initiate any necessary insurance claims with the carrier, the Customer must also report the issue to  the Seller within 7 (seven) days of receiving the Products, by email at info@piccolismalti.com  

If the Customer (or a designated representative is not present at the specified delivery address, the courier will attempt a second delivery and leave a notice in the mailbox with contact number. If the second attempt is also unsuccessful, the order will be canceled. In this case, The Seller will refund the amounts paid by the Customer, using the original payment method, deducting shipping costs, any storage feesand any additional charges incurred due to the failed delivery caused by the Customer’s absence.  The Customer is not entitled to any additional refund or compensation.

9. RESPONSIBILITIES AND LIMITATIONS OF LIABILITY

The risk of loss or damage to the Products, passes to the Customer only when the Products are physically delivered into the Customer possession or into the possession of a third party designated by the Customer. 

 

The Seller shall not be held for any delays, service failures, or omissions in delivery caused by force majeure or unforeseen events. Similarly, the Seller is not liable for exceptional circumstances such as fires, explosions, strikes, natural disasters, wars, riots, protests, or other similar events that prevent the Seller from fulfilling the contract within the timelines and terms, as outlined in these General Terms and Conditions of Sale and applicable law.

 

Except in cases of willful misconduct or gross negligence, the Seller’s liability is limited to direct and foreseeable damages at the time of the contract conclusion. The Seller shall not be responsible for any indirect, incidental or unforeseeable damages, such as loss of revenue or profits.

 

For any damages caused by defective Products, the provisions of Legislative Decree 206/2005 (Consumer Code) and any subsequent amendments shall apply.

 

 

The Seller is also not liable for any unlawful use of the website or its content by third parties. The Customer is solely responsible for providing accurate, complete, and truthful information, whether for themselves or on behalf of others, including in relation to the appropriate or inappropriate use of such information.

10. RIGHT OF WITHDRAWAL AND WITHDRAWAL PROCEDURE

If the Customer is a consumer (defined as  an individual acting on the website for purposes unrelated to their business or professional activity), they have the right to withdraw from the contract without any penalties and without providing a reason, by notifying the Seller within 14 (fourteen) days from the day the Customer or a third party designated by the Customer (other than the carrier) physically takes possession of the Products.

In accordance with the law, the right of withdrawal does not apply to Products that have been customized or made to order according to the Customer’s specific requests.

To exercise the right of withdrawal, the Customer must notify the Seller of their decision explicitly and in writing by sending an  email to info@piccolismalti.com within the 14-day period.

Upon successful withdrawal, the Customer will receive a confirmation email which should be printed and kept for reference. If the Products have already been received, the Customer must return them promptly, following the instructions provided in the Seller’s response email.

The return shipping costs are the responsibility of the Customer, and the Products must be returned from the same country in which they were delivered 

Returned Products must be complete, intact, and undamaged; otherwise, no refund will be issued.

The Customer will only be liable for any decrease in the value of the Products resulting from handling that goes beyond what is necessary to establish their nature, characteristics, and functioning.

Upon valid exercise of the right of withdrawal, the Customer will be refunded all payments made, excluding return shipping costs, within 14 days from the date the Seller was notified of the withdrawal decision.

The refund will be issued using the same payment method used by the Customer for the original transaction, unless otherwise agreed.

The Seller may withhold the refund until the Product has been fully returned or until the Customer provides proof of return shipment

11. CUSTOMER ASSISTANCE

The Seller guarantees pre-sales and post-sales customer assistance. The Customer can request assistance by calling +339 335 829 0569 or by email at info@piccolismalti.com.

12. PRIVACY

In compliance with the provisions of Legislative Decree 196/2003, which ensures that personal data processing is conducted with respect for fundamental rights and freedoms, as well as the dignity of the data subject, particularly with regard to privacy, personal identity, and the right to personal data protection, please note, pursuant to Article 13 of Legislative Decree 196/2003, that:

  • “Personal Data” includes the Customer’s name and surname, residential or delivery address, telephone number, email address, credit card number (if used for Product purchase), and similar information;
  • Providing the Personal Data marked with an asterisk (*) on online forms is mandatory and necessary to fulfill the obligations related to the contract with the data subject, as well as for legal and tax obligations, bookkeeping, invoicing, and credit management. Consequently, failure to provide, partially or inaccurately, such data will make it impossible to fulfill the requested service. The provision of unmarked data is optional, and failure to provide it will have no consequences.
  • With the Customer’s explicit consent during online purchase, Personal Data may also be used for sending informational, promotional, and marketing communications related to the Seller’s services and Products;
  • The data processing by Piccolismalti.com is done via IT tools aimed at managing and storing data securely, ensuring the privacy of data and communications.

Under Article 7 of Legislative Decree 196/2003, the Customer may:

  • Obtain confirmation of the existence of their personal data and receive them in intelligible form;
  • Be informed of the origin of personal data, the purposes and methods of processing, the logic applied to computerized processing, identification details of the data controller and processors, and the subjects or categories to whom data may be communicated or who may access it.

Personal data may also be communicated or disclosed:

  • When required by law;
  • To companies, entities, professionals, or consortia that provide data processing services or perform activities instrumental or complementary to the Seller’s business;
  • To banks for the management of payments and collections arising from contract execution.

The data controller is Giovanna Morganti the owner of the sole proprietorship operating under her own name.

13. TECHNICAL INFORMATION AND MODIFICATIONS

The Seller reserves the right to change, update, amend or modify the technical specifications  of Products on www.piccolismalti.com without prior notice.

The Seller also reserves the right to change, adjust, integrate, or modify the dimensions, features colors, shapes, weight, composition, and price of the Products listed on Piccolismalti.com without prior notice.

The Seller also reserves the right to introduce alternative payment methods at its discretion and in accordance with applicable law, in place of those indicated in section 3.

The Seller reserves the right to change, adjust, integrate, or modify these General Terms and Conditions of Sale, including adjustments due to changes in regulations. Any revised Terms and Conditions of Sale will become effective upon publication on www.piccolismalti.com.

14. APPLICABLE LAW

These General Terms and Conditions are governed by Italian law, except where otherwise expressly stated. They  will be interpreted in accordance with Italian law, particularly with respect  to Consumers, under the provisions of the Italian Legislative Decree no. 206 of September 6, 2005 (the Consumer Code), including  Part III, Title III, Chapter I , as amended by Legislative Decree 21/2014, and Part IV, Title III, Chapter I of the Consumer Code, as well as Legislative Decree no. 70 of April 9, 2003 (regarding e-commerce regulations).

15. JURISDICTION IN CASE OF DISPUTES

In the event of any disputes regarding  the application, interpretation, execution, or breach of purchase contracts concluded via www.piccolismalti.com, jurisdiction will be granted to the court of the Customer’s place of residence or domicile, provided that the Customers  is located within Italy and is acting as a consumer for non-commercial  purposes.

In all other cases, any disputes arising with reference to purchase contracts made through the website and the related terms and conditions will fall under the exclusive jurisdiction of the Court of Milan, in accordance with Article 28 of the Italian Code of Civil Procedure.

Get in Touch

info@piccolismalti.com
+39 335 829 0569

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