Positional
Made in Italy to beautify hard times
Made in Italy to beautify hard times
Made in Italy to beautify hard times
Made in Italy to beautify hard times
Made in Italy to beautify hard times

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Sales Conditions

Date of publication on the website and entry into force 28/11/2016

 

1. Purpose

1.1. These general sales conditions are applied to the purchase of products under the “Positional” brand (hereinafter “Products”) carried out through the e-commerce website www.positional.it (hereinafter the “Website”) by users who can be qualified as “Consumers” according to article 1.2 below. The Website, owned by Rubbettino Editore Srl with registered Offices in Viale Rosario Rubettino, 10 –  88049  Soveria Mannelli, owner of the Website, enrolled in the Chamber of Commerce of Catanzaro under No. 01933480798 of the Business Registry, tax identification number 01933480798 and VAT number 01933480798 (hereinafter “Seller”), is managed by the same company.

1.2. Rubbettino Editore sells the Products through the Website. The purchases of the Products carried out through the Website involve the parties Rubbettino Editore, as the seller (hereinafter the “Seller”), and the person purchasing one or more Products for purposes not related to his or her entrepreneurial, business, artisan activities or profession, as a buyer (hereinafter the “Consumer”), (The Seller and Consumer will hereinafter be collectively referred to as the “Parties”).

1.3. The Owner is not part of the general sales conditions; it is the holder of the rights over the Website’s domain name, logos, and trademarks of the products found on the Website as well as the holder of the copyright on the Website’s contents.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Website and to the e-mail address info@positional.it

1.5. Each purchase is governed by the general sales conditions in the version that will be published on the Website when the Consumer sends the order.

1.6. The Website is dedicated to retail sales and as such, is intended for the exclusive use of Consumers.

1.7. The Consumer simultaneously confirms that, when making the order, information relating to the order placed and these general sales conditions were sent to him or her by e-mail to the address stated when registering to the Website or during the purchase process.

1.8. Costs incurred for connecting to the Website through the Internet, including telephone charges, are charged to the Consumer, according to the rates applied by the operator selected by the same.

 

2. Product Features and their availability in the various geographical areas

2.1. The Products are sold with the features described on the Website and according to the general sales conditions published on the Website when the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these general sales conditions at any time, at its discretion, without the need to provide any notice to Website users. Any changes made will be effective from the date of publication on the Website and will apply only to sales concluded as of that date.

2.3. The prices, Products sold on the Website and/or the features of the same are subject to changes without prior notice. The Consumer is asked to check the final sales price before sending the purchase order according to point 3 below.

2.4 The Website can be accessed throughout the world. However, the Products available on the Website can only be purchased by users who ask for delivery to one of the Countries indicated on the Website.

 

3. How to purchase the Products – Completion of each purchase contract

3.1. The purchase order sent by the Consumer to the Seller through the Website is considered a contractual proposal and is governed by these general sales conditions, which form an integral part of the order and which the Consumer, by sending the request to the Seller, is required to accept in full and without reservation.

3.3. The Consumer’s purchase order is accepted by the Seller when the Consumer is sent an e-mail confirming the order, which will contain a link to the text of these general sales conditions, a summary of the order placed, and a description of the features of the ordered Product; this e-mail will be sent to the e-mail address given to the Seller during registration to the Website or the sending of the order if the Consumer is not a registered user of the Website. The Consumer’s order, the Seller’s order confirmation, and the general sales conditions applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems.

3.4. Each Product purchase contract is considered concluded when the Consumer receives confirmation of the order from the Seller via e-mail.

 

4. Product selection and purchase procedure

4.1. The Products found on the Website can be purchased by selecting the Products of the Consumer’s interest and inserting them in the virtual shopping cart. Once the Products have been selected and added to the shopping cart, the Consumer is asked to: (i) register on the Website, providing the requested data, (ii) login if the Consumer is already registered, (iii) provide his or her data to complete the order and allow the execution of the contract. If the data indicated on the order is different from that provided when registering to the Website, the Consumer is asked to confirm his or her data (by way of example: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he or she can be contacted for any communications relating to the purchase made 

 

5. Delivery of the goods and acceptance

5.1. The Website indicates the availability of the Products and the delivery times of the same; however, this information is to be considered merely an indication and is not binding on the Seller.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Website and, in any case, to make the delivery in a maximum of 30 (thirty) days starting from the day following the day on which the Consumer sent the order. If the Seller does not execute the order due to the unavailability, even temporary, of the Product, the Seller must provide the Consumer with written communication and reimburse the sums that the Consumer already paid for the Product according to article 5.3 below.

5.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Website when the order is sent. The Consumer undertakes to promptly check that the delivery includes all and only the products purchased and to immediately inform the Seller of any possible defect of the products received or of their differences with respect to the order made, according to the procedure of referred to in the Article 8 of these general sales conditions, in the absence of which the products will be considered accepted. If the packaging or wrapping of the products ordered by the Consumer should arrive at destination damaged, the Consumer is asked to refuse delivery by the carrier/shipper or to accept the delivery “with reservation”.

 

6. Prices, shipping costs, taxes and duties

6.1. The price of the Products is that indicated on the Website when the Consumer sends the order. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the Seller confirms the order to the Consumer, and which the Consumer undertakes to pay the Seller in addition to the price indicated on the Website.

6.2. The Consumer must pay the Seller the total price as shown on the order and order confirmation that the Seller sends to the Consumer by e-mail.

6.3. If the Products are to be delivered in a country not belonging to the European Union, the total price indicated on the order and reiterated on the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated on the order and confirmed on the order confirmation, in accordance with the legal provisions of the country where the products will be delivered. The Consumer is invited to inquire with the competent bodies of his or her country of residence or destination of the products, to obtain information on any duties or taxes applied in his or her country of residence or the place of destination of the products.

6.4. The Consumer is solely responsible for any additional costs, charges, fees and/or taxes that a given country may apply to any Products as per these general sales conditions.

6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to in the Articles 6.3 and 6.4 above when the order is sent to the Seller cannot constitute a cause for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

 

7. Payments

7.1. Payment can be made with a credit card or PayPal according to the conditions described below. The Seller can allow other payment methods by indicating them in the payment section of the Website.

7.2. The Seller will promptly send the fiscal receipt relating to the purchase made to the Consumer, if required by applicable law, in electronic format via e-mail to the address stated by the same if the Products purchased are intended to be delivered within Italy, or attached in paper format to the Products purchased, in all other cases.

 

8. The Seller’s legal guarantee, reporting of conformity defects and warranty interventions

8.1. According to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free of design and material defects and compliant with the descriptions published on the Website.

8.2. Under penalty of forfeiture of this warranty, the Consumer must report any faults and non-conformities within and no later than 5 days from the discovery to the Seller’s Customer Service, by sending an e-mail to the address info@positional.it, with indication of the defect and/or non-compliance found, (at least 1 (one) photograph of the Product, confirmation of the order transmitted by the Seller and/or the receipt).

8.3. Following the receipt of the form and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the Owner’s assistance service and will decide whether to authorise the return of the Products after having carried out quality checks to verify the actual non-conformity of the Product.

8.4. If the Seller must reimburse the price paid to the Consumer, he or she will be refunded, where possible, through the same payment method used by the Consumer at the time of the purchase of the Product or by bank transfer. The Consumer must inform the Seller of the bank details to make the transfer in his or her favour by e-mail to the address info@positional.it, and to ensure that the Seller is placed in conditions making the reimbursement of sums owed possible.

 

9. Liability for defective products

9.1. The provisions of European Directive 85/374/EEC and Italian Legislative Decree 206/2005 (Consumer Code) are applied to any damage caused by defects in the Products. 

 

10. Intellectual property rights

10.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive signs, names, images, photographs, written text or graphics used on the Website or relating to the Products are and remain the exclusive property of Rubbettino Editore Srl and/or its assignees, without any right to the Consumer deriving from access to the Website and/or the purchase of the Products.

10.2. The contents of the Website may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Rubbettino Editore Srl.

 

11. Privacy policy

11.1. The personal data provided will be processed by Rubbettino Editore Srl, with registered office in viale Rosario Rubbettino No. 10 (CZ), as Data Controller, in compliance with EU Regulation 2016/679.

Personal data will be processed by the Data Controller or by external Data Processors appointed for the purposes referred to in this policy with the aid of paper and computer tools.

The data subject may exercise the rights referred to in Article 15 and following of Eu Regulation 2016/679 at any time by sending a written request to the Data Controller as well as lodging a complaint to the Data Protection Authority if he or she feels that the processing of his or her personal data violates current legislation. 

 

12. Competent court

12.1. The Court of Lamezia Terme has jurisdiction over any future disputes, except if this provision does not apply due to mandatory legal requirements in force in the country where the Consumer resides.

 

13. Processing methods and data retention times

Rubbettino Editore Srl will process Users’ personal data using manual and IT tools, with logics strictly related to the same purposes and, in any case, to guarantee the security and confidentiality of the data.  

a) Shipping of the purchased goods: 10 years from the termination of this contractual relationship.

b) Sending of newsletters: until the revocation of consent.

b) Marketing: until the revocation of consent.

 

14. Scope of communication and dissemination of data

The employees and/or collaborators of the Data Controller in charge of managing the Website and all the services connected to the provision of the Services may become aware of the personal data of the Users. These subjects, who have been instructed in this regard according to Article 29 of the Regulations, will process the Users’ data exclusively for the purposes indicated in this privacy policy and in compliance with the provisions of the Applicable Regulations. 

Furthermore, third parties who can process personal data on behalf of the Data Controller as “External Data Processors” such as:

  • IT service providers, IT consultants, shipping companies, suppliers of platforms for the sending of newsletters, marketing services providers.

 

Shipping times & Costs

Orders placed from Monday to Thursday will be processed and entrusted to the courier within 48 working hours following the order, while orders placed from Friday to Sunday will be processed and assigned to the courier the following Monday.

NOTE: the shipping times indicated below must be considered from the time when the order is entrusted to the courier.

 

DESTINATION

SHIPPING TYPE

COST (€)

TIME (BUSINESS DAYS)

Italy

EXPRESS

7

1/2

Afghanistan

EXPRESS

42

3-8

Albania

EXPRESS

31

3-8

Andorra

EXPRESS

19

3-8

Argentina

EXPRESS

40

3-8

Australia

EXPRESS

39

3-8

Austria

EXPRESS

12

2-4

Austria

STANDARD

9

3-8

Azerbaijan

EXPRESS

70

3-8

Bahrain

EXPRESS

37

3-8

Belgium

EXPRESS

12

2-4

Belgium

STANDARD

9

3-8

Belarus

EXPRESS

31

3-8

Brazil

EXPRESS

39

3-8

Bulgaria

EXPRESS

29

3-8

Canada

EXPRESS

21

3-8

Chile

EXPRESS

37

3-8

China

EXPRESS

39

3-8

Cyprus

EXPRESS

30

3-8

Colombia

EXPRESS

37

3-8

Croatia

EXPRESS

28

3-8

Denmark

EXPRESS

12

2-4

Denmark

STANDARD

8

3-8

Arab Emirates

EXPRESS

39

3-8

Estonia

EXPRESS

29

3-8

Philippines

EXPRESS

45

3-8

Finland

EXPRESS

12

2-4

Finland

STANDARD

8

3-8

France

EXPRESS

12

2-4

France

STANDARD

8

3-8

Germany

EXPRESS

11

2-4

Germany

STANDARD

8

3-8

Japan

EXPRESS

42

3-8

Greece

EXPRESS

14

3-8

Hong Kong

EXPRESS

37

3-8

India

EXPRESS

39

3-8

Indonesia

EXPRESS

39

3-8

Ireland

EXPRESS

11

2-4

Ireland

STANDARD

8

3-8

Kuwait

EXPRESS

37

3-8

Latvia

EXPRESS

29

2-4

Latvia

STANDARD

12

3-8

Lebanon

EXPRESS

60

3-8

Liechtenstein

EXPRESS

19

3-8

Lithuania

EXPRESS

28

3-8

Luxembourg

EXPRESS

11

2-4

Luxembourg

STANDARD

8

3-8

Macedonia

EXPRESS

31

3-8

Malta

EXPRESS 

28

3-8

Mexico

EXPRESS

50

3-8

Monaco

EXPRESS

8

3-8

Norway

EXPRESS

8

3-8

New Zealand

EXPRESS

39

3-8

Holland

EXPRESS

12

2-4

Holland

STANDARD

10

3-8

Oman

EXPRESS

47

3-8

Poland

EXPRESS

29

3-8

Puerto Rico

EXPRESS

39

3-8

Portugal

EXPRESS

11

2-4

Portugal

STANDARD

7

3-8

Czech Republic

EXPRESS

32

3-8

Romania

EXPRESS

28

3-8

Saudi Arabia

EXPRESS

49

3-8

Slovakia

EXPRESS

28

3-8

Slovenia

EXPRESS

28

2-4

Slovenia

STANDARD

8

3-8

Spain

EXPRESS

11

2-4

Spain

STANDARD

7

3-8

United States

EXPRESS

15

3-8

South Africa

EXPRESS

37

3-8

Sweden

EXPRESS

13

2-4

Sweden

STANDARD

8

3-8

Switzerland

EXPRESS

18

2-4

Switzerland

STANDARD

8

3-8

Thailand

EXPRESS

39

3-8

Turkey

EXPRESS

31

3-8

Ukraine

EXPRESS

31

3-8

UK

EXPRESS

12

2-4

UK

STANDARD

10

3-8

Hungary

EXPRESS

29

3-8

 

Disadvantaged areas

Disadvantaged areas are particularly difficult to reach areas and, for this reason, direct shipments to this type of location could be delayed compared to the times indicated. Disadvantaged areas are often mountainous areas, islands, but in some cases even central areas that the courier has difficulty reaching.

 

Couriers

Shipping in Italy

The service is provided by the BARTOLINI CORRIERE ESPRESSO courier

 

Shipping to others countries

The service is provided by INTERNATIONAL MAIL service (both Standard and Express)

 

Tracking

The package tracking service is only active for courier shipments.

 

Recipient absent or incorrect address

If the recipient is absent, the courier will leave an attempted delivery notice in the mailbox.

Then:

–       the courier will try to delivery again twice. After the third unsuccessful delivery attempt, the package will be sent back to the sender. 

In the case of an incorrect address, the package will be sent back to the sender.

When purchasing online and entering the order, it is essential to indicate a correct telephone number (landline or mobile phone number), the courier may call the recipient to request information if problems are encountered during delivery.

 

Sales peaks and holidays

Delivery times may be delayed:

–          At particularly intense times of the year when there are sales peaks such as during the Christmas period.

–          In the case of holidays. Carriers do not deliver on 25/12, 26/12, 01/01 and at weekends.

In any case, in terms of shipping times and costs, Rubbettino Editore Srl undertakes to respect what is stated in Articles 5 and 6 of the Sales Conditions 

 

Return Policy

Right to return

To exercise the right of return, you should inform Rubbettino Editore Srl, with registered office in Viale Rosario Rubettino, 10 – 88049 Soveria Mannelli (CZ) of your decision by e-mail to commerciale@positional.it after which confirmation to proceed with the return will be given. Remember to place the compiled product return form in the package together with the product and send it to:

RUBBETTINO EDITORE SRL

Viale Rosario Rubbettino, 10

88049 Soveria Mannelli (CZ)

According to current commercial conditions, you will be reimbursed for payments made after Rubbettino has examined the returned products. Reimbursement may be suspended until receipt of the goods or until you have given proof that you have returned the goods, if earlier.

Return due to default or non-compliance

If you have received an incorrect or damaged product, please indicate this as the reason for the return during the request, to be made in the same way as described in the section above. You will be asked to provide one or more images relating to the defect found, and you will receive a confirmation e-mail with instructions to proceed with the shipment.