These general conditions refer to the sales and to the remote sales (so-called online sales) of products offered by the company JOKO s.r.l. (hereinafter also “seller”) via the website www.jokodomus.com, in accordance with the provisions of Legislative Decree no. 206/2005 (so-called Consumer Code) and Legislative Decree no. 70/2003 (legislation on the subject of electronic trade), where applicable.
It should be noted that, for purposes of this agreement, the concept of “consumer” is defined pursuant to art. 3 of the Consumer Code (Legislative Decree no. 206 of 6 September 2005) as follows: a physical person who acts for purposes other than the business, trade, craft or profession he or she may engage in.
Beyond this definition the customer is considered a „professional“ (hereinafter also „professional customer“) and the provisions of Legislative Decree no. 206/2005 are not applicable.
Joko s.r.l. offers its products online on its website www.jokodomus.com, at the economic conditions detailed hereafter.
The customer is required to send a written purchase order to the seller, using the electronic order form provided. The customer undertakes to provide all the instructions and information required, with the utmost care. Before confirming the purchase, the customer can review the data entered, the price of the products selected, and the costs of shipment and delivery of the goods. The buyer may not claim any liability on the part of the seller for possible damaging consequences connected or dependent on incorrect data and information.
By submitting the order, the customer accepts these general conditions of sale and undertakes to comply with them.
The contract is firm from the time the seller sends the confirmation of receipt of the order to the e-mail address indicated by the customer, indicating the bank data necessary to enable payment.
3) Prices and modes of payment
The selling price of the goods, VAT included, is indicated for each item and confirmed in the order summary. Possible promotions and discounts may not be applied unless specifically indicated on the order form. The shipping costs indicated on the order form are for the customer’s account.
Products must be paid in advance by wire transfer or credit card. After receiving payment, JOKO s.r.l. will ship the products to the customer and will send confirmation of shipment inclusive of the receipt for payment via e-mail to the address indicated by the buyer.
Professional customers pay as agreed.
4) Retention of title and right of withdrawal
In case of professional customers, according to art. 1523 Italian civil code, the seller retains the title of the goods until full payment is received. Delay in the payment leads to cancellation of the contract. The seller retains the right to recall the delivered goods and withholds paid deposits for compensation.
5) Shipment and delivery
Shipment of the products purchased is made by the seller through specialized carriers, unless the parties agree otherwise.
Delivery of the products will be made to the address indicated in the order and shall be made to the customer personally or to a fiduciary of the customer. Delivery is only made at curbside.
At the time of delivery the customer is responsible for checking the intact condition and conformity of the goods delivered with the order. If the customer observes differences with respect to the order or damaged condition of the packing, this should be reported immediately to the carrier. In this case, the customer is required to make an immediate check of the extrinsic quality of the goods and report any flaws to the seller. The products delivered and accepted are presumed to be free of defects of an esthetic and not hidden nature except in case of intrinsic or non immediately visible flaws of the goods for which the customer can exercise the remedies provided by art. 9 of this agreement.
The delivery terms are estimated at the time of the order. The delivery date is merely approximate and the seller has no liability in case of failure to deliver the goods within the terms indicated.
If delivery of the products should be impossible due to the absence of the recipient, the products will remain on deposit with the carrier at no charge for a maximum term of 10 working days, after which the seller may require a storage fee of Euro 10 per day. For professional clients a free of charge deposit is not granted and the seller is entitled to immediately ask Euro 10 per day.
Customers may also choose a carrier of their preference. In this case the risk of loss or damage to the goods is transferred to the consumer immediately on delivery of the products to the carrier.
In any case, for customers who cannot be defined as consumers as indicated in art. 1, the shipping risk is understood to be transferred in full to the buyer at the time of delivery to the carrier and the seller shall remain responsible only for damages to the products due to erroneous packing in relation to the shipping conditions agreed.
6) Customized products at customer’s request
JOKO s.r.l. offers customers a service of customization of the products.
This service can be requested by the customer at the time of placing the order. In this case, the customer will receive a message at the e-mail address indicated, containing the data necessary to for direct contact of the professional at JOKO s.r.l. assigned to this service.
The professional assigned by JOKO s.r.l. will then get back to the customer to submit the project proposal and cost estimate. The customer can request alterations to the project, compatibly with the nature and particular characteristics of the goods.
The order will be completed with the exchange of e-mails communicating the modes of payment and delivery agreed. The contract becomes final with the transmission of the order confirmation message by the seller.
With regard to customized products, the rescission right is excluded pursuant to art. 8 of this agreement.
7) Assembly service
JOKO s.r.l. does not offer any assembly service. The products delivered contain the instructions for their installation. The seller has no responsibility for damages due to erroneous installation of the products.
8) Rescission right
The rescission right is excluded for professional customers.
The “consumer”, as defined in art. 1, may exercise the right to rescind the contract pursuant to art. 52 and thereafter of the Consumer Code within 14 days of delivery of the products, without penalty.
To exercise the rescission right, the consumer will have to send notice within the aforementioned term of 14 days by registered letter with recorded delivery to:
Via Nazionale no. 37
I-39040 Salorno (BZ)
In this communication the consumer will have to announce his express intention to exercise his rescission right and specifically indicate the products for which he intends to exercise that right. The consumer undertakes to return the goods purchased to the above address of JOKO s.r.l. within the term of 14 days after sending notice of rescission, at his own expense and responsibility.
After receiving the returned goods, the seller will check their intact condition and normal state of conservation and proceed to return the purchase price by wire transfer to the current account indicated by the consumer. Any differences with respect to the normal state of conservation, and/or damages found on inspection of the products will result in a corresponding compensation of the reimbursement.
The rescission right is excluded, pursuant to art. 59, letter c) of legislative decree no. 206/2005, as amended by L.D. no. 21/2014, for products made to measure or customized according to the consumer’s requests (for example, but without limitation: kitchen cabinet compositions, furniture units combining different modules, production of furniture to measure).
The rescission right is always excluded in the following cases:
– Failure to communicate in the term of 14 days pursuant to art. 52 D. of L.D. no. 206/2005;
– Failure to return the products purchased within the term of 14 days from notice of communication of rescission pursuant to art. 57 of L.D. 206/2005;
– Damages found in returned goods, such as to render them unusable.
Terms are calculated according to calendar days (holidays included) and are proven by the postmark date.
The legal warranty on products sold differs for customers who are consumers and those who are not.
Pursuant to art. 130 of the Consumer Code, the consumer, as defined in art. 1 of this agreement, benefits from the legal warranty on defects of conformity of the products purchased for the period of two years from delivery. In particular, the consumer has the right, at his choice, alternatively, to restoration of the conformity of the product by repair or replacement, or to an adequate reduction of the price or termination of the contract, at no expense in either case, unless the remedy requested is objectively impossible or excessively costly compared to the alternative.
The consumer must report the defect of conformity to the seller within the term of two months from discovery, by registered letter with recorded delivery to the address indicated in art. 7, enclosing a copy of the purchase document. The consumer loses the rights afforded by article 130 of the Consumer Code if he fails to report the defect of conformity to the seller within the term indicated.
For all customers who are not consumers, the legal warranty provided by art. 1490 and thereafter of the Italian civil code shall apply, to be exercised within the term of 12 months from delivery of the product. Any flaws found in the products purchased shall be reported, on pain of loss of the right, within 8 (eight) days of discovery by registered letter with recorded delivery to the address indicated in art. 8, enclosing a copy of the purchase document.
JOKO s.r.l. does not offer any conventional guarantee on the goods sold.
It should be noted that in case of differences in the products caused, wholly or in part, by improper installation, poor maintenance and/or lack of care of the product, these are not covered by the warranty.
All claims made after the legal terms mentioned above, or lacking proof of purchase, will not be taken into consideration and the seller will have no liability for the defects reported.
10) Intellectual and Industrial Property rights
The intellectual and industrial property rights, as well as the trademark “JOKODOMUS” and the patents registered in any country by JOKO s.r.l. remain the exclusive property of the seller. This contract does not grant any rights of concession on license of the aforementioned industrial patents on the products sold.
The customer may not use the trademarks of JOKO s.r.l. for business purposes without the prior written consent of the seller, and may not develop or produce goods which imitate the products of the seller, or draw in any other way any undue business advantage from his possession of the products purchased.
11) Applicable law and legal jurisdiction
This contract is regulated by Italian law.
Any controversy arising from or connected with this contract is assigned to the exclusive jurisdiction of the Court of Bolzano, excepting, in any case, applicability of the customer’s court of jurisdiction pursuant to art. 66 bis of the Consumer Code. The parties retain the right to resort to an arbitration board for the settlement of disputes out of court.
12) Use of personal data
The customer needs to consent to the use of personal data. This is an essential condition for the sales service. Complete information on the use of personal data is provided on the homepage of the website www.jokodomus.com.
According to the art. 1341 and 1342 Civil Code, by submitting the order the customer declares to approve expressly the clauses in art. 4 (Retention of title and right of withdrawal), 5 (Shipment and delivery), 6 (Customized products at customer’s request), 8 (Rescission right), 9 (Warranty) and 11 (Applicable law and legal jurisdiction).