GENERAL CONTRACT CONDITIONS / TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF ONLINE SALES

Preamble: These general terms and conditions govern the sale of products made by One Click Tiles S.r.l., the owner of the “ONETILE” brand, to its customers through the website, www.onetile.it, and through the exchange of emails. It is a priority of One Click Tiles Srl to provide correct information and to clearly present its business and the related terms and conditions, as well as the methods, regarding the sale of its products. The aim is to ensure that customers are always satisfied and aware of their purchases. To this end, these general terms and conditions ensure that the customer, being a user of the site, has all the appropriate information regarding the aspects that govern their purchase, by electronic means, of the products presented on the site, in accordance with Italian Legislative Decree no. 206/2005 (the “Italian Consumer Code”), as amended in implementation of European Directive 2011/83/EC, as well as Italian Legislative Decree no. 70/2003 (the “Italian Electronic Commerce Code”).

1. DEFINITIONS: When interpreting these General Terms and Conditions, the following terms shall take the meaning as defined below:
One Click Tiles Srl, Tax Code and VAT number: 03929610982, based at Via Eugenio Montale, 2 - 25087 Salò (BS), Italy, a leading company in the online distribution of flooring products and wall tiles, which, thanks to distribution agreements with the major manufacturers and product suppliers, is able to offer end customers a wide range of items, from porcelain stoneware to parquet. The goal of One Click Tiles Srl is to bring the best of Made in Italy design and quality directly to homes and companies, guaranteeing the best price and service to the end consumer;
Customer: the natural or legal person, whether a consumer or a professional (according to the definitions in the Italian Consumer Code), who purchases products or services offered by One Click Tiles Srl through its website, www.onetile.it;
Product: the goods and/or services specified in the online catalogue offered for sale by the Seller through its website, www.onetile.it;
Sales Contract: the contract covering the purchase of the goods (tiles, wall tiles, installation products, etc.) stipulated between the Seller, One Click Tiles srl, and the end customer;
Website: this website - www.onetile.it - the domain name of which is owned by the Seller;
Order: meaning the proposal to purchase the product, which is sent by the Seller by email to the Customer;
General Terms and Conditions: these general terms and conditions of sale indicate, in clear, easy to understand language, the terms and conditions that shall be applied to the purchase, through the Seller's website, of products or services. The Customer is advised to read these Terms and Conditions carefully before accepting their contents by signing the contract. The Seller may, at any time, make changes to these terms and conditions. Regarding the Buyer, only the terms and conditions accepted and in effect at the time of purchase shall apply, which will continue to govern their sales relationship with the Seller.
2. SUBJECT: The subject of the contractual relationship between One Click Tiles Srl and the Customer is the supply and sale of flooring products, wall tiles and installation products described in the online catalogue which is published on the website and which consists of more than 100,000 items, complete with technical data sheets which indicate the characteristics, colour, size and thickness of the products as well as every other detail useful for describing them in full.
3. CREATION, EFFECTIVENESS AND EXECUTION OF THE SUPPLY AND SALE CONTRACT: The Customer who is interested in making a purchase may complete the specific quote request form for the desired products. A specialist One Click Tiles consultant will prepare a customised offer, sending the Customer a purchase quote with all the necessary information regarding the chosen product(s). The Customer completes the purchase by providing their billing and shipping data, which is needed for One Click Tiles Srl to process the order.
The conclusion of the contract occurs when One Click Tiles Srl receives the order and the general terms and conditions of sale duly signed by the Customer. Orders sent shall be valid and effective for 5 business days from the date of receipt. Within this period, the order, if accepted, is to be signed and sent to One Click Tiles Srl together with the payment of the fee (in full or in part, as agreed).
The aforementioned period of 5 days is to be understood as an essential term, in the interest of the parties, in order to guarantee the correct and efficient organisation of the supplies and handling activities in supplier warehouses. In the event that this deadline is not observed, One Click Tiles Srl reserves the right to cancel and/or to amend the order and to terminate the contract pursuant to article 1457 of the Italian Civil Code.
Once payment has been received, One Click Tiles Srl shall order the materials from its suppliers and arrange shipment to the Customer.
4. TERMS AND METHODS OF PAYMENT: One Click Tiles Srl accepts the following methods of payment:

BANK TRANSFER: account holder “One Click Tiles Srl” - Banco BPM Brescia
IBAN: IT 04 K 05034 11200 000000022485 SWIFT CODE: BAPP IT21 AF0
CREDIT CARD
PAYPAL: Address —> INFO@ONETILE.IT
STRIPE

In the following ways:

50% upon signing the purchase order

50% when the goods are available in stock and ready to be shipped

Complete payment in advance when signing the order for every case in which the purchase amount is less than € 2,000.00
Payment in advance by Paypal (with 4.5% extra fee) or Stripe (with 3.0% extra fee)

Once payment has been received, One Click Tile Srl shall place an order with its supplier and, when the goods are ready, shall arrange shipment to the Customer, in accordance with the agreed timing.
5. TRANSPORT: Each quote shall include the customised delivery service (unless otherwise indicated), which is designed to offer the greatest flexibility and support to Customers. Transport is to the destination, across Italy as well as overseas, whether to a European or non-European country, and is done by specialist couriers selected by One Click Tiles Srl. All shipments are insured.
In order to ensure the utmost safety, tiles are transported on pallets and delivered with a hydraulic tail lift (except for large slabs). Unloading the goods from the means of transport, as a critical activity to safeguard the integrity of the goods transported, is to be performed exclusively by the courier. One Click Tiles Srl will not be liable for any damage caused by the Customer if they, either personally and/or through their auxiliaries, unload the goods. The Customer shall be wholly responsible for the disposal of any pallets and packaging used for transport.
6. DELIVERY: The Customer acknowledges and accepts that the delivery times of the goods depend on the Manufacturer’s organisation, the availability of the goods in stock and/or their manufacture. Delivery terms, as estimated between the Seller and the Buyer when the purchase order is processed, are, therefore, purely indicative. In the event that, with respect to the time the order is sent, the Customer delays sending the signed contract or delays payment, as conditions for initiating the supply, the Seller shall not be liable for any extensions to the delivery date, caused by changes in the meantime in the stock’s availability, in the procurement of raw materials and in manufacture, that are not directly dependent on the Seller.
If the Seller fails to comply with the delivery obligation within the agreed period, albeit indicative, the parties shall agree on an additional period that shall be appropriate to the circumstances. In the event that the goods fail to be delivered, the consumer may request the termination of the contract pursuant to article 61 of the Italian Consumer Code, with the right to reimbursement of the sums paid. If the Buyer unjustifiably refuses the delivery of the goods, the Seller has the right to request the termination of the contract with compensation for the damage suffered. If the Customer asks the Seller to defer the delivery term, the costs of holding the items in question shall be borne by the Customer. Neither the Seller nor the Buyer shall be liable for any delay in delivery due to force majeure or unforeseeable circumstances, such as, purely by way of example and not limited to, natural disaster, fire, flood, war, embargo, strike, health or epidemiological emergency, failure or serious delay by suppliers of raw materials, measures taken by a public authority, both local and domestic, including laws, injunctions or orders, rules and regulations.
The delivery location shall be specified in the purchase order. The Customer, in providing the data relating to the delivery address, guarantees the correctness of the same; if there are any errors in this address (by way of example, incorrect postcode, address, place) or if the indicated location is inaccessible, delivery may not take place, or may be delayed and/or may incur extra charges. The Customer releases One Click Tiles from any and all liability and/or prejudice that might arise from providing incorrect data. Any request to change the delivery address may be communicated in writing to One Click Tiles with a possible consequent difference in payment for transport and an extension of the delivery terms.
If delivery does not take place for reasons attributable to the Customer, the goods shall be returned to the courier’s warehouse with any costs and charges for storage and reshipment being borne by the Customer.
7. PROCEDURE FOR CHECKING THE GOODS UPON DELIVERY: At the time of delivery, the Customer is always expected to check the condition of the product, confirming that:

the quantities of the goods delivered correspond to that indicated on the transport document;
the packaging is intact on each side and corner, shows no signs of damage or crushing, has not been altered including in the packaging materials (adhesive tape or metal straps).

The condition of the product and its packaging must be:

documented by photographs concerning the condition of the pallet and the goods still in their boxes and, after opening, the state of the goods next to the packaging just opened and the pallet
brought to the courier’s attention immediately in the transport document with the following MANDATORY wording:

	Case	Customer action	MANDATORY wording to be added to the transport document
A	Pallet externally INTACT	Customer accepts the delivery	I ACCEPT WITH RESERVATION
B	Pallet externally NOT INTACT	Customer accepts the delivery	I ACCEPT WITH RESERVATION GIVEN THE FOLLOWING OBVIOUS FAULTS......... (specify)
C	Damaged goods Only partially	Customer accepts the delivery	I ACCEPT WITH RESERVATION GIVEN THE FOLLOWING OBVIOUS FAULTS......... (specify)
C	To an extent greater than 90%	Customer refuses the delivery	DELIVERY REJECTED DUE TO COMPLETELY DESTROYED GOODS

The Customer who notices any damage to the goods during transport is to notify the Seller by email, at: customercare@onetile.it, within and no later than five days from receipt, providing, in the appropriate form, the order number, a copy of the transport document, a description of the damage and photographs showing the damage and the external packaging.
Compliance with the procedure described above is an essential condition. It allows One Click Tiles Srl to act and hold the courier liable, pursuant to article 1698 of the Italian Civil Code, and, therefore, to guarantee the full reimbursement and replacement of the damaged goods without further expense to the Customer. This is why the Customer is required to act in good faith and to take all the necessary steps to safeguard the Seller’s claim against the courier. These instructions and the damage notification form are available from the Seller’s website and a copy is delivered to the Customer together with the data for tracking the order with the courier and at the time the goods are delivered.
The Customer is, in any case, and within five days, required to report any obvious defects in the goods, relating to the type, quality, colours and sizes given in the delivery note and to One Click Tiles Srl before proceeding with the installation of the goods themselves. One Click Tiles Srl shall not be liable for the costs of installing goods which are clearly defective or non-compliant with regard to that agreed, nor for any charges necessary for their removal and/or for the restoration of the premises and/or for any indirect and/or consequential damage that could have been prevented using ordinary diligence in examining the goods.
8. CHANGES: The purchase order indicates all the products and services provided. Any requests for changes made by the Buyer are to be received by the Seller within 5 days from the conclusion of the contract. In this case, the Seller, after confirming the feasibility, shall notify the Buyer, within the following 5 working days, of the acceptance of the change and the related contractual conditions. The Seller shall notify the Buyer promptly of any change requests, determined for justified reasons, independent of the Seller itself, in order to agree on the amendment or the consensual termination of the contract stipulated by the parties.
9. TECHNICAL SPECIFICATIONS: The Buyer declares that they have selected and that they know the technical and functional characteristics of the goods covered by the supply pursuant to article 6 of the Italian Consumer Code. One Click Tiles s.r.l. performs a constant review of the contents of the site in order to ensure the greatest possible accuracy. The Customer is responsible for carefully examining the descriptive contents of the products contained in the Product Sheet. Manufacturers may make technical changes to the products offered that do not significantly alter their aesthetics or their use (including, purely by way of example and not limited to, colour shade or thickness/gauge). Specifically, with regard to parquet and ceramics , since they are, respectively, natural and industrial materials subject to firing at high temperature, the relative shades, grain/veins and knots may vary from supply to supply.
The names of some products or parts of the same may also be changed. These changes cannot be used to justify a request to terminate the contract due to the “non-conformity” of the product.
Photographs depicting the products for sale, the technical data sheets and the descriptions of the products are provided by the Partners and/or the suppliers of One Click Tiles s.r.l., which, therefore, cannot be held liable for the content of the same.
10. MEASUREMENTS: The Seller, in proceeding to prepare the order, will use the information provided by the Buyer regarding the quantity and size of the goods. The Buyer shall be held responsible in the event that inaccurate measurements are provided or that changes have not been communicated in writing. Quantities are, in any case, to be considered gross of the typical measurement tolerances in the industry. Therefore, the quantity supplied may be in excess of that stated in the order as a result of these tolerances and the amount charged on the invoice shall be recalculated on the basis of the actual quantity delivered, which is hereby understood as being accepted by the Customer. For “parquet” products, it should be noted that the quantity stated in the quote is indicative and not binding since quantities are not rounded to the packaging unit.
11. SAMPLE COMPLIANCE: The goods sold are to comply with the sample presented to the Buyer, as established by the Italian Consumer Code, with the clarification that for natural products (parquet), lacquers and ceramics subject to industrial processing at high temperatures, slight differences or discrepancies in colour with respect to the sample itself are tolerated. Since these chromatic differences are widely tolerated in the trade of natural products and in the context of industrial processes and since they are impossible to predict and/or prevent, it is understood between the parties that the delivery of any materials which are found to be of slightly different shades compared to the samples viewed shall not constitute a breach by One Click Tiles Srl of its obligations.
12. LEGAL GUARANTEE OF CONFORMITY: The products sold with One Click Tiles Srl are covered by the manufacturer’s legal guarantee of conformity, as provided for, with regard to consumer customers, by articles 128 et seq. of the Italian Consumer Code, as well as by the legal guarantee provided for by articles 1490-1497 of the Italian Civil Code for customers with a VAT number.
The Seller’s guarantee for consumer buyers: the Seller is obliged to deliver goods to the consumer which comply with that agreed in the sales contract. The provisions of the Italian Consumer Code (articles 128 et seq.), regarding the guarantee of conformity of the goods sold, apply to the contract. In the event of product defects or a lack of conformity of the batch ascertained by the manufacturer, the Customer shall have the right, without charge, to request the restoration of the conformity of the purchased goods by repair or replacement by the Seller. The consumer may request, at their choice, a reasonable reduction in the price or the termination of the contract in the event that: a) a repair or replacement is impossible or excessively burdensome; b) the Seller has not repaired or replaced the goods within a reasonable period; c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer. The Seller is responsible for any lack of conformity that appears within 2 years following the delivery of the goods. Unless there is evidence to the contrary, any lack of conformity that appears within one year from the delivery of the goods shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
Actions taken to assert defects not maliciously concealed by the Seller shall lapse twenty-six months from the delivery of the goods. It should be noted that the legal guarantee of conformity does not apply to faults and defects in goods which are the result of external causes attributable to the Customer or to a third party such as, purely by way of example, errors or negligence in the installation, laying or assembly of the goods; abnormal or non-compliant use of the products; subsequent modifications or additions to the products; wear or failures due to external causes.
The Seller’s guarantee for professional buyers: The guarantee rights for non-consumer customers are governed by the provisions of the Italian Civil Code regarding sales (articles 1498 et seq.).
13. RIGHT OF WITHDRAWAL: The Customer, defined as a Consumer pursuant to the Italian Consumer Code, has a period of 14 (fourteen) days from the delivery of the product to withdraw from the Contract, without having to provide any reason, pursuant to article 52, and without incurring any costs other than those as provided for in articles 56 and 57 of the Italian Consumer Code.
Within this period, the Customer is required to inform One Click Tiles Srl of their decision to exercise their right of withdrawal by using the withdrawal form in Annex I, Part B of the Italian Consumer Code or by sending One Click Tiles Srl an explicit communication of their decision to withdraw from the Contract.
The notification of withdrawal may be sent by email to customercare@onetile.it, by certified email to oneclicktilessrl@legalmail.it or by registered letter to One Click Tiles Srl, Via Eugenio Montale, 2 - 25087 Salò – BS – Italy. If the right of withdrawal is exercised correctly, the Seller shall reimburse the Customer the full amount received, using the same payment method used by the Customer. Any goods that may have been delivered are to be returned within 14 days from the date on which the Customer communicates their wish to withdraw. Transportation costs related to the return of the goods shall be borne by the Customer. Goods must be returned in the manufacturer’s original boxes and properly packed as received. Pallets and boxes are to be intact and undamaged, including all the accessories, documentation and any special equipment accompanying the goods. The Customer shall be responsible for any decrease in the value of the goods as a result of any handling/alteration or damage caused to them.
Pursuant to article 56 of the Italian Consumer Code, in the event of a withdrawal exercised after the delivery of the goods, the Seller reserves the right to withhold the refund until it has received the returned goods and verified their condition and conformity. All the information relating to the consumer customer’s right of withdrawal is also included in the contract for the purchase of the products.
The right of withdrawal, as governed above and as provided for by the Italian Consumer Code, is reserved exclusively for natural persons (consumers). Therefore, it cannot be exercised by legal persons, sole proprietorships, freelancers operating with a VAT number regarding their entrepreneurial, commercial, artisanal or professional activity.
14. EXCLUSION TO THE RIGHT OF WITHDRAWAL: The right of withdrawal, as described above, may be excluded, pursuant to article 59, letter c of the Italian Consumer Code, in the event that the subject of the contract is a flooring product and/or wall tiles or a product made specifically to measure and customised for the Customer. This exclusion is specifically and expressly communicated in the purchase order and in the contract signed by the Customer.
15. RIGHT OF RETURN: Except in those cases where the right of withdrawal is possible and in those cases where non-compliant or defective products are delivered, the Customer who wishes to return a product is required to notify One Click Tiles Srl in writing. Once the request has been received, One Click Tiles will evaluate it and send an acceptance or denial response, together with detailed instructions on how to make the return. No returns shall be accepted unless previously authorised in writing and unless the product retains the characteristics present at the time of purchase, including the original seals, labels, boxes and wrapping.
Transportation costs for the return, as well as the shipping costs for any replacement product, shall be borne by the Customer. After verifying the condition and conformity of the returned goods, One Click Tiles Srl shall issue a refund of 70% of the cost of the same.
15. COMPLAINTS: To make a complaint, the Customer is to use the following email address: customercare@onetile.it. One Click Tiles Srl will, in a fair and professional way, assess the defect being the subject of the complaint and its cause and will provide a clear, exhaustive answer and offer solutions.
16. APPLICABLE LAW AND DISPUTE RESOLUTION: These General Terms and Conditions of sale are subject to Italian law. The jurisdiction is Italian. Without prejudice to the applicability of the mandatory provisions deriving from the protection of consumer rights which, pursuant to article 63 of the Italian Consumer Code, gives jurisdiction to the court covering the consumer customer’s domicile or residence, the Court of Brescia, Italy, shall have exclusive jurisdiction over any dispute regarding or, in any case, connected with these General Terms and Conditions of Sale.
The parties mutually acknowledge that alternative forms of dispute resolution are available, pursuant to articles 141-ter and 141-decies of the Italian Consumer Code. One Click Tiles Srl undertakes to adhere to the mediation procedures aimed at settling disputes out of court that may be brought by its customers, whether consumers or companies, regarding any claim before one of the mediation bodies accredited by the Italian Ministry of Justice.
An updated list of these bodies is available from the Italian Ministry of Justice’s website: https://mediazione.giustizia.it/rom/alboorganismimediazione.aspx. Customers wishing to initiate mediation procedures may indicate the following contact details in order to identify our company:
One Click Tiles Srl, Tax Code/VAT no. 03929610982, Via Eugenio Montale 2, 25087 Salò (BS), Italy, Certified email address: oneclicktilessrl@legalmail.it; email: info@onetile.it.
17. SAFEGUARDING PRIVACY: One Click Tiles Srl protects the privacy of its customers and guarantees that the processing of personal data shall comply with privacy legislation pursuant to and for the purposes of the EU’s General Data Protection Regulation (GDPR) no. 2016/679 and the Italian Personal Data Protection Code (Italian Legislative Decree no. 196/2003). The Customer is, therefore, invited to read the following information carefully: https://www.iubenda.com/privacy-policy/84878955, which describes how personal data is collected, stored and processed and the rights Customers have.