Terms of sale

• 1. Definitions
• 2. Object of the Contract
• 3. Methods of Contract Execution
• 4. Conclusion and Effectiveness of the Contract
• 5. Payment and Refund Methods
• 6. Delivery Times and Methods
• 7. Prices
• 8. Product Availability
• 9. Limitations of Liability
• 10. Liability for Defects, Proof of Damage, and Compensatory Damages: Polo Est srl's Obligations
• 11. Warranties and Support Methods
• 12. Buyer's Obligations
• 13. Right of Withdrawal
• 14. Reasons for Termination
• 15. Protection of Confidentiality and Processing of Buyer's Data
• 16. Contract Archiving Procedures
• 17. Communications and Complaints
• 18. Dispute Resolution
• 19. Applicable law and referral

The Buyer expressly declares that the purchase is made for purposes unrelated to the commercial or professional activity carried out.

Identification of the Supplier

The goods covered by these general conditions are offered for sale by Polo Est srl, with registered office in Cadoneghe (PD) at Via Fiorita, 1C, registered with the Padua Chamber of Commerce under No. 406068 in the Company Register, Tax Code – VAT No. 04143270280

1. Definitions

1.1. The term "online sales contract" means the sales contract for the tangible movable goods of Polo Est srl, stipulated between the latter and the Buyer as part of a remote selling system via electronic means, organized by Polo Est srl.
1.2. The term "Buyer" means the consumer (natural person) who makes the purchase referred to in this contract for purposes not related to any commercial or professional activity carried out.
1.3. The term "Polo Est srl" means the entity indicated in the preface or the information services provider.

2. Object of the contract

2.1. With this contract, Polo Est srl sells and the Buyer purchases remotely via electronic means the tangible movable goods indicated and offered for sale on the website www.progettosedia.com.
2.2. The products referred to in the previous point are illustrated on the web page www.progettosedia.com/catalogo.

3. Method of Contract Formation

The contract between Polo Est srl and the Buyer is concluded exclusively online by the Buyer accessing www.progettosedia.com, where, following the indicated procedures, the Buyer will formalize the offer to purchase the goods and the contract for the purchase of the goods referred to in point 1 of the previous article.

4. Conclusion and Effectiveness of the Contract

4.1. The purchase contract is concluded by correctly completing the request form and expressing consent to the purchase by submitting an online application or by completing the form attached to the online catalog at www.progettosedia.com/ordini and subsequently submitting the form. This form must be submitted after viewing a printable order summary web page, which contains the details of the customer and the order, the price of the purchased item, shipping costs and any additional charges, payment methods and terms, the delivery address, delivery times, and the right of withdrawal.
4.2. Upon receipt of the order from the Buyer, Polo Est srl will send a confirmation email or display a printable web page confirming and summarizing the order, which will also include the information referred to in the previous point.
4.3. The contract will not be considered finalized and effective between the parties unless the provisions of the previous point are met.

5. Payment Methods and Refunds

5.1. All payments by the Buyer may only be made using one of the methods indicated on the relevant web page by Polo Est srl.
5.2. Any refunds to the Buyer will be credited using one of the methods proposed by Polo Est srl and chosen by the Buyer, promptly and, in the event of exercising the right of withdrawal, as governed by clause 13, point 2 et seq. of this contract, no later than 30 days from the date on which Polo Est srl became aware of the withdrawal.
5.3. All communications relating to payments are made on a dedicated Polo Est srl line, protected by an encrypted system. Polo Est srl guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation regarding the protection of personal data.
5.4. If you purchase with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and that you authorize such assignment.

5.5. All fees, commissions, and costs actually incurred by Polo Est S.r.l. in connection with the payment made by the Buyer and the related refund will be deducted from the amount to be refunded, including, but not limited to, bank charges, costs applied by payment service providers, transaction fees, currency exchange fees, and any other non-recoverable costs directly related to the aforementioned transactions.

6. Delivery times and methods

6.1. The waiting times for goods (indicated below the product price) are understood to be working days, i.e. from Monday to Friday. Therefore, holidays, long weekends, or strikes may cause delays in delivery.
6.2. Shipping times may vary from the day of the order to a maximum of working days from confirmation of the order. If Polo Est srl is unable to ship within this timeframe, but still within the timeframe indicated in the following point, the Buyer will be promptly notified via email.
6.3. Shipping methods, times, and costs are indicated on the product sheet and/or in the shopping cart.
6.4. The waiting times on the product sheets indicate the time in which the product is processed; to this, approximately 3/4 days must be added for delivery to the location indicated by you.
6.5. Please note that production and deliveries scheduled for the periods preceding the Christmas holidays or summer vacations may be subject to significant delays due to the circumstances of the period (even a minimal, unexpected delay before a closing period such as the Christmas holidays or the August closure can cause delivery to be postponed until the reopenings in January and September).
6.6. Delivery to the floor requires 15 days more than the delivery times indicated in the product sheet.
6.7 It is necessary to provide a valid telephone number where you must always be available for the three/four days following shipment, in order to receive the courier and avoid unnecessary storage. Any deliveries with porterage not agreed upon at the time of ordering will result in storage. Storage costs must be paid by bank transfer directly to ProgettoSedia.
6.8. If the consumer believes any defect found may be a manufacturing defect or damage during transport, they must promptly report it to Customer Service. Reports regarding the external condition of packages must be made on the same day the delivery is unloaded, or at the latest the following morning, to customer service. Reports regarding the integrity of items after opening the packages must be made within 48 hours of unloading.
Before opening the package, take photographs of the boxes and check all parts before assembling the product. If you find any damage or anomalies inside the package, photograph the product inside the box and notify us by email within 48 hours of receipt. If notification is given after 48 hours, we will not be liable for damages.

7. Prices

7.1. All sales prices of the products displayed and indicated on the website www.progettosedia.com/catalogo are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2. The sales prices referred to in the previous paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges (e.g., customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the buyer places the order and are also included in the order summary web page.
7.3. The prices indicated for each item offered to the public are valid until the date indicated in the catalog.

8. Product Availability

8.1. Polo Est srl ensures the prompt processing and fulfillment of orders through the electronic system used. To this end, it indicates in real time, in its electronic catalog, the number of products available and those unavailable, as well as shipping times.
8.2. If an order exceeds the quantity available in stock, Polo Est srl will notify the Buyer via email whether the item is no longer available or how long it will take to receive the selected item, asking whether they wish to confirm the order.
8.3. Polo Est srl's IT system will confirm the order's registration as soon as possible by sending the user a confirmation email, pursuant to section 4.2.

9. Limitations of Liability

9.1. Polo Est srl assumes no liability for disruptions attributable to force majeure, should it be unable to fulfill the order within the timeframe stipulated in the contract.
9.2. Polo Est srl shall not be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.
9.3. Polo Est srl shall not be liable for damages, losses, and costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to it. The Buyer shall only be entitled to a full refund of the price paid and any additional costs incurred.
9.4. Polo Est srl assumes no responsibility for any fraudulent or illicit use by third parties of credit cards, checks, and other means of payment when paying for the products purchased, provided it can demonstrate that it has taken all possible precautions based on the best knowledge and experience available at the time and based on ordinary diligence.
9.5. Under no circumstances will the Buyer be held liable for delays or payment errors if they can demonstrate that they made the payment within the time and manner indicated by Polo Est srl.

10. Liability for defects, proof of damage, and compensable damages: Polo Est srl's obligations

10.1. Pursuant to Articles 114 et seq. of the Consumer Code, Polo Est srl is liable for damages caused by defects in the goods sold if it fails to inform the injured party, within three months of the request, of the identity and address of the manufacturer or the person who supplied the goods.
10.2. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, and the place and date of purchase; It must also contain the offer to view the product, if it still exists.
10.3. Polo Est srl cannot be held liable for the consequences arising from a defective product if the defect is due to the product's conformity, to a mandatory legal provision or a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the injured party was aware of the product's defect and the resulting danger and nevertheless voluntarily exposed himself or herself to it.
10.5. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of an item other than the defective product, provided that it is of a type normally intended for private use or consumption and is thus primarily used by the injured party.
10.7. Damage to property pursuant to Article 123 of the Consumer Code, however, will be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

11. Warranties and Assistance Methods

11.1. Polo Est srl is liable for any lack of conformity that becomes apparent within two years of delivery of the goods. 11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where applicable, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods that the seller presented to the consumer as a sample or model; c) present the quality and performance that are normal in goods of the same type, which the consumer can reasonably expect, given the nature of the goods and, where applicable, any public statements about the specific characteristics of the goods made by the seller, the manufacturer, or their agent or representative, particularly in advertising or on labeling; d) are also fit for the particular use intended by the consumer and which the consumer made known to the seller at the time of conclusion of the contract and which the seller accepted, including by conclusive facts.
11.3. The Buyer forfeits all rights if he or she fails to notify the seller of the lack of conformity within two months of the date on which the defect was discovered. Notification is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is presumed that any defects of conformity that become apparent within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the defect of conformity.
11.5. In the event of a defect of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for Polo Est srl pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with return receipt or by certified email, to Polo Est srl, which will indicate its willingness to comply with the request, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, if Polo Est srl has accepted the Buyer's request, it must indicate the shipping or return methods for the goods as well as the expected deadline for the return or replacement of the defective goods.
11.7. If repair or replacement are impossible or excessively expensive, or Polo Est srl has not repaired or replaced the goods within the deadline indicated in the previous point, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the Buyer may request, at its discretion, an appropriate price reduction or termination of the contract. The Buyer must then forward its request to Polo Est srl, which will indicate its willingness to comply with the request, or the reasons preventing it from doing so, within seven working days of receipt.
11.8. In the same communication, if Polo Est srl has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the method for re-crediting the amounts previously paid to Polo Est srl.
11.9. If the material is damaged during transport or has manufacturing defects, Polo Est srl undertakes to replace the material under warranty without charging any additional costs. To exercise this right, written notification must be sent to Polo Est srl within 48 hours of receiving the goods by email to assistenza@progettosedia.com, indicating the order reference, the defective item, and details of the defect found. Customer Service will provide the return number and courier pickup details. Return shipping costs are borne by Polo Est srl. Returns paid for with cash on delivery or without a return number will not be accepted under any circumstances.

12. Buyer's Obligations

12.1. The Buyer agrees to pay the price of the purchased item within the time and manner specified in the contract.
12.2. The Buyer agrees, once the online purchase process has been completed, to print and retain this contract.
12.3. The information contained in this contract has, however, already been reviewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before confirming the purchase.

13. Right of Withdrawal

13.1. The Buyer has the right to withdraw from the contract, without penalty and without specifying the reason, within 14 (fourteen) working days from the date of receipt of the purchased item.
13.2. In the event that the professional has not fulfilled the information obligations regarding the existence, methods, and times for returning or collecting the goods in the event of exercising the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days and starts from the day the consumer receives the goods.
13.3. If the Buyer decides to exercise the right of withdrawal, he or she must notify the seller by registered mail with return receipt or by email.
13.4. The return of the goods must in any case take place no later than 30 (thirty) days from the date of receipt of the goods. To be entitled to a full refund of the price paid, the consumer must return the goods via a courier appointed by the consumer. The item must be returned intact, in its original, carefully sealed packaging and complete in all its parts (including packaging, internal and external protection, wooden pallets, and any documentation and accessories: manuals, assembly tools, etc.) to Progettosedia via a courier appointed by the Customer. The right of withdrawal applies to the product purchased in its entirety; it is not possible to exercise a right of withdrawal for only part of the product (e.g., seats or table tops). The customer is responsible for the integrity of the goods until they are returned to our warehouse and our staff has verified that they are in perfect condition. Shipping costs for returning the goods are the responsibility of the customer and cannot be deducted from the return credit. In the event of damage to the goods during return transportation, Progettosedia will notify the customer of the incident (within 8 working days of receiving the goods at its warehouse), allowing them to promptly file a complaint with the courier of their choice and obtain a refund for the value of the goods (if insured). In this case, the product will be made available to the customer for return (at the customer's expense), simultaneously canceling the withdrawal request and thus the refund. Progettosedia is not responsible in any way for damage or theft/loss of goods returned via uninsured shipments by the customer. Upon arrival at the warehouse, the product will be inspected for any damage or tampering not resulting from transport. If the packaging and/or original wrapping is excessively damaged, Progettosedia will deduct the costs incurred for its restoration from the refund due. The right of withdrawal is entirely forfeited, due to the lack of the essential condition of integrity of the goods, in cases where Progettosedia ascertains:
a) careless use of the goods that has compromised their integrity or the use of any consumables;
b) the lack of the external packaging and/or the original internal packaging;
c) the absence of integral elements of the product (accessories, screws, etc.);
d) damage to the product for reasons other than its transport.
In the event of forfeiture of the right of withdrawal, the goods will remain at the Progettosedia headquarters at the Customer's disposal for collection at the Customer's expense.
13.5. The Buyer cannot exercise this right of withdrawal for products that have been opened and used by the Buyer.
13.6. The right of withdrawal is NOT exercisable in the case of purchases of products customized according to the instructions requested by the Customer and for which sample dyes or fabrics have been created, chosen or sent by the Customer, and for products ordered following a request for customization of the order through the PROGETTOSEDIA staff with negotiations taking place via email or telephone.
13.7. The only costs owed by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to Polo Est srl, unless Polo Est srl agrees to cover them.
13.8. Polo Est srl will provide a free refund within 30 (thirty) days of receiving the notice of withdrawal and delivery of the goods, retaining only the amount of the shipping costs relating to the delivery of the goods, additional services and any cash on delivery costs incurred for the delivery of the goods to the Customer and indicated on the accompanying invoice. By exercising the right of withdrawal, the customer:
a) on a single product whose value enabled the activation of the Free Shipping promotion within a larger supply, the promotion will no longer apply; in this case, the shipping costs for the order will be charged to the consumer as per the tariff and therefore deducted from the refund due.
b) on an order whose total value enabled the activation of the Free Shipping promotion, the promotion will no longer apply; in this case, the shipping costs for the order will be charged to the consumer as per the tariff and therefore deducted from the refund due.

13.9. The right of withdrawal cannot be exercised for a product for which Polo Est srl has confirmed replacement. If the buyer nevertheless confirms their wish to withdraw from the order, the return is at the customer's expense.

13.10. Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided in the previous points of this article.
ATTENTION: IN THE OUTLET SECTION, IT IS NOT POSSIBLE TO EXERCISE THE RIGHT OF WITHDRAWAL ON SELECTED ITEMS.

14. Reasons for Termination

14.1. The obligations set forth in point 12.1, assumed by the Buyer, as well as the guarantee of successful payment that the Buyer makes using the methods referred to in art. 5.1, as well as the exact fulfillment of the obligations undertaken by Polo Est srl in point 6, are essential. Therefore, by express agreement, failure to fulfill even one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.

15. Protection of confidentiality and processing of Buyer data

15.1. Polo Est srl protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation set forth in Legislative Decree no. 196 of 30 June 2003. 1961. 1 General provision of the Guarantor for the protection of personal data Simplifications of certain obligations in the public and private sectors with respect to processing for administrative and accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, no. 152. 2 General provision of the Guarantor for the protection of personal data Practical guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Journal 21 June 2007, no. 142.
15.2. Personal data, including personal and tax information, acquired directly and/or through third parties by Polo Est srl, the data controller, are collected and processed in paper, electronic, and telematic form, in accordance with the processing methods, for the purpose of registering the order and activating the procedures for the execution of this contract and the related necessary communications, in addition to fulfilling any legal obligations, as well as to enable effective management of commercial relationships to the extent necessary to best perform the requested service (Article 24, paragraph 1, letter b), Legislative Decree 196/2003). 22.
15.3. Polo Est srl undertakes to treat the data and information transmitted by the Buyer as confidential and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected, nor to transmit them to third parties. Such data may be disclosed only upon request by judicial authorities or other authorities authorized by law.
15.4. Personal data will be communicated, subject to the signing of a confidentiality agreement, only to persons delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose.
15.5. The Buyer enjoys the rights set forth in art. 7 of Legislative Decree 196/2003, namely the right to obtain:
a) the updating, rectification or, where appropriate, integration of the data;
b) the deletion, anonymization, or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which it was collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been notified, including their content, to those to whom the data was communicated or disseminated, except where such disclosure proves impossible or involves a manifestly disproportionate effort compared with the right being protected. The interested party also has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him or her, even if pertinent to the purpose of the collection; to the processing of personal data concerning him or her for the purpose of sending advertising or direct sales materials or for conducting market research or commercial communications.
15.6. The provision of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Otherwise, the Buyer's request cannot be processed.
15.7. In any case, the acquired data will be retained for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. Their removal will be carried out securely.
15.8. The data controller responsible for collecting and processing personal data is Polo Est srl, to whom the Buyer may address any requests at the company headquarters.
15.9. Anything received by Polo Est srl's email address (including email) (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others, and must contain valid, truthful, and non-infringing information. In any case, Polo Est srl cannot be held responsible for the content of the messages themselves.

16. Contract Archiving Procedures

16.1. Pursuant to Article 12 of Legislative Decree 70/2003, Polo Est srl informs the Buyer that each order submitted is stored in digital/paper format on the server/at the Polo Est srl headquarters, in accordance with confidentiality and security criteria.

17. Communications and Complaints

17.1. Written communications addressed to Polo Est srl and any complaints will be considered valid only if sent to the headquarters in Cadoneghe (PD) via Fiorita, 1C, or sent by email to the following address: info@progettosedia.com.
The Buyer indicates in the registration form his or her residence or domicile, telephone number, or email address to which he or she wishes communications from Polo Est srl to be sent.

18. Dispute Resolution

18.1. All disputes arising from this contract will be submitted to a conciliation attempt by the Mediation Body of the Padua Chamber of Commerce and resolved in accordance with the Conciliation Rules adopted by the same.
18.2. Should the Parties intend to refer the matter to the ordinary judicial authorities, the competent court is that of Padua pursuant to art. 33, paragraph 2, letter u) of the Consumer Code.

19. Applicable law and reference

19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided for herein, the laws applicable to the relationships and situations envisaged in this contract shall apply, and in particular Article 5 of the Rome Convention of 1980.
19.3 Pursuant to Article 60 of the Consumer Code, the provisions of Part III, Title III, Chapter I of the Consumer Code are expressly referred to herein.

Final clause

This contract repeals and replaces any previous agreement, understanding, or negotiation, whether written or oral, between the parties concerning the subject matter of this contract.