General Sales Terms and Conditions
Thank you for visiting our website www.xam.it
These legal notes govern your access to and use of the site.
The Internet site is an on-line information service provided by Classicmobil srl - By entering this site you acknowledge that you understand and accept all of the terms and conditions listed below. If you do not understand or accept these terms and conditions you are advised not to use the site or download any material from it. Classicmobil srl - reserves the right, at its sole discretion, to change these terms and conditions from time to time without notice. Your use of the site following any such changes will signify your acceptance of the terms and conditions as modified and their binding nature.
1- Application of general conditions of sale
Confirmation of the order implies acceptance of these terms and conditions.
2- Price of products
All prices on the website are prices in Euros VAT included. Prices may be changed at any time without notice.
3- Invoicing
The invoicing for all products of Xam (brand of Classicmobil group) will be done by Classicmobil srl.
4- Outlet section
The items in the outlet section are available while stocks last.
5- Setting up of the products
Mattresses, sheets, pillows, vases and other fittings used on the photographic set are not included and are not for sale.
6- Tolerances
In the matching between the different pieces we cannot guarantee the uniformity of colours and the grain of the woods. The colours of the materials and finishes are indicative as they are subject to the online display process tolerances. By confirming the order the customer accepts these tolerances. We reserve the right to change specifications or design.
7- Production timing
Production time can vary from 2 to 8 working weeks from order confirmation.
8- Handling with care is recommended at the time of discharge
Although we use carriers specialized in the transport of furniture, it can happen, even with percentages lower than 1% (based on total statistical packages delivered), that during delivery, some packages may be damaged. We therefore advise the customer or the person in charge, to pick up the goods in order to check that there are no missing or damaged packages. If a damaged product is found, it is necessary to specify the damage in the transport document, and we will substitute the damaged part in the shortest time possible. If the number of items does not correspond to what is indicated in the transport document, in the same report please specify the number of packages received and the number missing, then contact the company to arrange and restore the number. If the packaging of furniture or furnishings at the time of delivery is not intact, or abnormal, use the words "subject to reserve" specifying the reason in the transport document (example: collection/acceptance with reserve because the packaging is badly deformed / crushed / wet). It is advisable, whenever possible, to remove and check the packaging whether torn, crushed or wet and to report immediately any damage on the transport document. In any case, all damaged packages checked on delivery must be returned to the carrier. The wording: "subject to reserve" without giving any reason is unacceptable to the carrier. Installation not included All furniture and fittings purchased online are delivered at street level (truck side) and it is the responsibility of the customer to assemble them.
9- Transport
In Italy and Europe, shipping costs are included in the price for orders over € 500.0. Delivery is to the nearest point reachable by the carrier and does not include delivery to the floor.
Quotation for floor delivery must be requested.
For shipments to the rest of the world, please contact the company directly.
10- Installation not included
All furniture and fittings purchased online are delivered at street level (truck side) and it is the responsibility of the customer to assemble them.
11- Right of withdrawal
Online product sales are regulated by articles 50 to 68 ("distance contracts") of the Italian D.L. 206/2005 (Consumer Code). This law provides the consumer with the right to withdraw from the contract or the contract proposals, guaranteeing the right to return the product purchased and receive refund of expenses. The right of withdrawal is reserved exclusively for consumers (individuals who purchase goods not related to professional trade or business), so it cannot be exercised by legal and natural persons acting for purposes relating to their professional activity. The consumer has the right to withdraw from the purchase contract for any reason, without explanation and penalty, except as described in paragraphs 3 and 4.
12- Procedures and time limits for the exercise of the right of withdrawal
11 - To exercise this right, the customer must send XAM a relevant notice, within 10 working days of receipt of the goods. This notice shall be sent by registered letter with acknowledgment of receipt, addressed to:
XAM gruppo “CLASSICMOBIL SRL”
Via M. di Calchere, 38/B
25071-Agnosine (Brescia) ITALY
Upon receipt of the notice of withdrawal, XAM will quickly issue instructions on how to return the goods.
The goods must be returned intact, with all their parts and in their original packaging (boxes, bags and packaging) preserved and preferably handled with standard care, without any signs of wear and tear or dirt, in compliance with the conditions of the following points 2 and 3.
22- The right of withdrawal is however subject to the following conditions:
-The law applies to a product purchased in its entirety (you cannot exercise withdrawal on only part of the product);
- The products must be returned intact and in their original packaging, complete in all their parts (including packaging and any documentation and accessories);
- By law, the shipping costs for the return of the goods are charged to the customer; moreover the delivery costs and any other incurred costs will not be reimbursed (example commission credit card);
- The shipment until the certified receipt in our warehouse is the responsibility of the customer (as specified above, the product must be returned intact, the customer is responsible for the transport of the returned goods in his care and must therefore choose the carrier he considers most suitable);
- If the goods are damaged during transport, XAM will inform the customer (within 5 working days of receipt of the goods), to enable him to lodge a prompt complaint against his carrier and obtain a refund (if insured). In this case, the product will be made available to the customer for its restitution, thereby cancelling the request for withdrawal;
- XAM is in no way responsible for damage or theft / loss of goods returned by uninsured shipments;
- Once the product arrives at the warehouse, it will be inspected for any damages not caused by transport. If the package and / or the original packaging is damaged, XAM will deduct a percentage from the refund due , but of not less than 20%, as a contribution to the costs of restoration.
33 - Excepting possible costs for repair of the damages to the original package, XAM will refund the customer with the full amount paid (without shipping charges and credit card fee) within 14 days of return of goods, by reversal of the amount charged to the credit card or by bank transfer. In the latter case, the customer shall promptly provide the bank details for the refund.
44 - The right of withdrawal will be forfeited completely, should the essential integrity of the goods (box and / or its contents) be lacking, in cases where XAM verifies the deterioration or spoilage of the product.
In case of forfeiture of the right of withdrawal, the goods will remain at the headquarters of XAM, available for collection by the customer at his own expense.
13- Complaints
Ogni eventuale reclamo dovrà essere rivolto a XAM gruppo “CLASSICMOBIL SRL”, via m. di Calchere 38 b, 25071 Agnosine ( Brescia)
14- Jurisdiction
For any disputes arising from sales contracts concluded between the customer and XAM through the website, if the customer is a consumer, the territorial competence is without exception up to the judge at the place of residence or domicile of the customer, if located in Italy. In all other cases, local jurisdiction is without exception governed by the Court of Brescia.
15- Method of Payment
Payment can be made in two ways:
1- By PayPal
2 - By Bank transfer
Data for the transfer:
CLASSICMOBIL SRL
IBAN:IT 74 R 05387 54830 000042773996
BPER BANCA agenzia di Odolo
16- Privacy
The personal information requested during the order is collected and processed so as to meet the explicit requirements of the customer and will not under any circumstances or for any reason be passed to third parties. XAM guarantees to its customers the compliance of rules on the processing of personal data covered by the Italian Privacy law referred to in the D.L. n.196 of 30.06.03.
17- Protection of copyright, trademark and other intellectual property rights
This site, considered in its entirety, as well as all material contained herein, is protected by copyright and other intellectual property rights laws. All products mentioned on this site are the property of Classicmobil srl - and may be protected by patents and/or copyrights granted or registered by the relevant authorities. They may therefore be downloaded or used only for personal and non-commercial use: therefore nothing, not even in part, may be copied, modified or resold for profit or to derive any utility from it.
18- Limits of liability
In no event shall Classicmobil srl - be liable for damages of any kind caused directly or indirectly by access to the site, the inability or impossibility of accessing it, the user's reliance on it and the use of its contents. Classicmobil srl - will provide updated information on the site, but does not guarantee its completeness or accuracy.
Classicmobil srl – non è in alcun modo responsabile, e pertanto non fornisce alcuna garanzia in ordine alle informazioni, ai dati, ai riferimenti alle aziende, ed alle eventuali inesattezze tecniche o di altra natura che possano essere contenute presenti su www.xam.it.
In connection with the foregoing, Classicmobil srl - disclaims any liability for direct or indirect damages of whatever nature they are or in whatever form they occur, in dependence of the use of the site www.xam.it and/or the news and information contained therein.
Classicmobil srl – si riserva il diritto di modificare e/o sopprimere qualunque tipo di informazione e/o programma contenuto nel sito www.xam.it in qualunque momento e senza alcun preavviso.
19- Materials sent
Classicmobil srl - does not accept the sending of information of a confidential or proprietary nature through this site. Any information or material sent to Classicmobil srl - through this site will not be considered confidential in nature. Classicmobil srl - shall have no obligation of any kind with respect to such material and shall be free to reproduce, use, disclose, display, transform, create derivative works and distribute the material to others without limitation. Furthermore, Classicmobil srl - shall be free to use any ideas, concepts, know-how or technical knowledge contained in such material, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such material. Anyone sending material guarantees that it is publishable - anonymously unless the sender expressly authorizes the use of his or her name - and agrees to hold Classicmobil srl - harmless from any action by third parties in connection with such material.
20- Download
Objects, products, programs, and routines that may be present on this site for downloading (downloading), such as technical or commercial documentation, 2d/3d models, software, etc., unless otherwise stated or indicated, are freely and freely available under the conditions established by Classicmobil srl - . What can be found via download on this site may be covered by copyright, rights of use and/or copy of the eventual owners. Classicmobil srl - invites, therefore, to verify conditions of use and rights, and considers itself explicitly relieved from any responsibility in this regard.
21- Exclusion of Warranty
This site and its contents are provided 'as is' and 'as available'. Classicmobil srl - makes no representations of fact or warranties, express or implied, with respect to this site and its content, including, but not limited to, warranties of title or freedom from harmful programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for particular purpose, and expressly disclaims any representations of fact or warranty. Classicmobil srl - does not represent or warrant that the information contained in this site is accurate, complete or up-to-date, that the site is free of defects or that any defects will be corrected. By using the site you agree to bear all risks associated with such use and to assume full responsibility for any loss of use, loss of data and costs associated with the necessary servicing and repair of hardware and/or software used in connection with the site, also agreeing not to hold Classicmobil srl liable in any way for any damages arising out of or caused by the use of this site or relating to it. Where applicable law does not allow the exclusion of implied warranties, the above warranty exclusions may not apply to you in whole or in part.
22- Miscellaneous
The applicable general conditions are governed by Italian law.
Any disputes will be settled by the court of Brescia.
Copyright © Classicmobil srl - All rights reserved.
This site (hereinafter the 'site'), considered in its entirety, as well as all material contained herein, is protected by copyright, trademark and/or other intellectual property laws. Such material includes, but is not limited to, photographs, images, illustrations, text, movies, sound recordings, designs, logos, trademarks, the distinctive elements known as trade dress or any other material contained in this site, as well as the software used to design and implement this site. All rights are reserved in all countries of the world. The Classicmobil name, logo and all other distinctive signs related to Classicmobil srl - reproduced in the site, whether registered or not, are trademarks or service marks of Classicmobil srl - The material contained in the site is presented for informational or promotional purposes only. Use of the site is permitted for private, personal, non-commercial purposes only. You are also permitted to download or copy material from this site for personal, non-commercial use only; however, this does not give you any right, title or interest in the downloaded or copied material or software. You may not reproduce (for purposes other than personal and non-commercial use), publish, transmit, distribute, display, remove, delete, add to, or in any other way modify the site, the material contained therein, or the related software, or create works inspired by them, sell them, or take part in their sale. Any other use of the material on this site, including reproduction for purposes other than use, modification, distribution or republication for personal, non-commercial purposes, without the prior written permission of Classicmobil srl is strictly prohibited.
Use of image and technical drawings on the Classicmobil website.
Images and technical drawings of Classicmobil srl - products on the site are copyrighted and owned by Classicmobil srl - Classicmobil srl - allows you to copy, download, modify, distribute or publish the images only for your intended Authorized Uses.
Authorized uses
E’consentito utilizzare le immagini o disegni tecnici presenti sul sito Classicmobil per uso personale, non commerciale, educativo ed informativo solo se l’immagine viene preservata intatta all’originale e se riporta le corrette indicazioni relative al copyright. Architetti, designer e rivenditori autorizzati possono scaricare ed utilizzare le immagini del sito o disegni tecnici per formulare le loro offerte/preventivi a clienti finali per vendite tramite Classicmobil srl – o tramite rivenditori autorizzati dei prodotti Classicmobil srl – o per utilizzi finalizzati a training o seminari. Perciò è consentito scaricare o stampare i contenuti e le immagini del sito solo se si tratta di un Utilizzo Autorizzato e se non vengono cancellati o modificati i contenuti, ivi comprese le note relative a copyright e trademarks. Ai rivenditori autorizzati si richiede di contattare il proprio referente del Customer Service di Classicmobil srl – per ottenere il permesso scritto all’utilizzo delle immagini in alta risoluzione e/o di altri contenuti del sito protetti da copyright. Ai giornalisti si richiede di contattare in**@Cl**********.com per ottenere il permesso scritto all’utilizzo delle immagini in alta risoluzione e/o di altri contenuti del sito protetti da copyright. Agli architetti si richiede di contattare in**@Cl**********.com per ottenere il permesso scritto all’utilizzo delle immagini in alta risoluzione e/o di altri contenuti del sito protetti da copyright. Non è concesso alcun altro utilizzo delle immagini o dei disegni tecnici del sito Classicmobil (stampa, download, riproduzione, distribuzione, presentazione al pubblico, vendita o altro). In particolare:
Unauthorized uses
This agreement does not provide for any assignment of rights for:
- Use images or technical drawings for advertising, editorial, promotional or other commercial applications (e.g., Point of Sale material), for which written permission from Classicmobil is always required
- Licensing, selling, publishing or distributing one or more images or technical drawings or part of them.
- Licenziare, vendere, pubblicare o distribuire una o più immagini o disegni tecnici o parte di essi.
- Use the images or technical drawings in a defamatory, pornographic, child pornographic, fraudulent, illicit manner
- Use the images or technical drawings in violation of copyright or privacy laws
- Use the images or technical drawings for any other purpose not provided under 'Authorized Uses'
Any unauthorized use of the images or technical drawings constitutes a violation of copyright laws and authorizes Classicmobil srl. - to protect its rights by prosecuting the said violation in accordance with current legal provisions.
IMPORTANT NOTICE
Classicmobil srl - cannot guarantee the originality and quality of products purchased from unauthorized dealers. In addition, products purchased from unauthorized dealers may not be covered by the warranty or support services of Classicmobil srl -
Classicmobil srl - does not enter into contractual relationships with parties that are not part of its network of authorized dealers, whether operating through retail outlets or websites.
