Terms and conditions

Premise

The offer of this online store is proposed by the company Raffaello Biagetti S.r.l. (Design Club) in compliance with current regulations on electronic commerce and distance contracts.

 

Raffaello Biagetti S.r.l. is the official authorized dealer of all the Brands on the site.

 

Company details:

Raffaello Biagetti S.r.l.

Via Caprera 42

48123 Ravenna (RA) Italy

Company registration code REA n. RA - 097864,

VAT no. IT00695600395

Mobile : +39 375 8104789

E-mail: info@design-club.it

 

By placing an order, the Client confirms that they have read all the above information and these General Terms and Conditions of Sale.

 

General Terms and Conditions of Sale

These General Terms and Conditions govern the sale of products marketed by Raffaello Biagetti S.r.l. (the “Products”).

All contracts for the sale of Products by Raffaello Biagetti S.r.l. to third parties (the “Clients”) are governed by these General Terms and Conditions of Sale, which form an integral and essential part of each purchase proposal, order and order confirmation relating to the Products. The terms and conditions of sale applicable to orders are those in force on the date on which the order is placed.

  

1. Products: prices and characteristics

Unless otherwise stated, the prices of the Products published on the website by Raffaello Biagetti S.r.l. are expressed in Euro and include VAT. Shipping costs are excluded and will be communicated at checkout.

On design-club.it, Clients may purchase Products belonging to different categories, including “Discontinued” Products, meaning design objects and furnishings that are no longer in production; “One-Off Pieces & Prototypes”; “Vintage” Products, meaning design objects made more than twenty years ago; and “New” Products, meaning new objects. The technical and functional characteristics of the Products are indicated in the relevant product sheets.

For “Discontinued”, “One-Off Pieces & Prototypes” and “Vintage” Products, Clients may request a condition report through the relevant form available via the “Condition Report” link on the product sheet.

Product images are for illustrative purposes only and are not binding.

The price guaranteed to the purchaser is the price published on the website at the time the order is submitted. The purchase price is fixed and final.

The Product prices published from time to time by Raffaello Biagetti S.r.l. on the website cancel and replace any previous prices and are subject to the actual availability of the Products.

Products are not supplied on a trial basis. Although the retailer’s staff may provide information on the characteristics of the Products, the Client is responsible for choosing the Products ordered and for ensuring that the specifications provided by each manufacturer meet their own needs and requirements.

 

2. Orders and invoicing

Each order for Products submitted to Raffaello Biagetti S.r.l. constitutes a contractual proposal by the Client. Fulfilment of the order by Raffaello Biagetti S.r.l. constitutes confirmation and acceptance of that order.

The tax documentation relating to the Products ordered will be issued by Raffaello Biagetti S.r.l. when the Products are shipped to the Client.

The Client must provide the correct details required for invoicing and specify the address to which the invoice should be sent.

 

3. Order fulfilment

The order will be fulfilled within the timeframes stated on the website.

Once confirmed, an order may only be cancelled within 24 hours. After this period, the consumer Client’s right to withdraw from the contract remains unaffected, in accordance with the terms and procedures set out in our Returns Policy and in clause 10 below, “Right of withdrawal”.

If Raffaello Biagetti S.r.l. is unable to fulfil an order because the Products ordered by the Client are unavailable, Raffaello Biagetti S.r.l. will inform the Client as soon as possible of the expected delivery times required to source the unavailable Product. If the Client does not wish to wait for this period, which shall in any case not exceed 60 working days, Raffaello Biagetti S.r.l. will refund any sums already paid for the unfulfilled supply.

In the event of breakage, stock depletion or unavailability of the Product ordered, Raffaello Biagetti S.r.l. undertakes to inform the Client as soon as possible and to specify when the Product is expected to become available.

The Client shall confirm their choice by email, either to wait for the Product to become available or to request a refund.

 

4. Order acceptance

The contract shall be concluded only when the order is confirmed by Raffaello Biagetti S.r.l.

The Client will receive an email notification confirming receipt of the order and setting out all the elements of the contract, including Products, prices, indicative delivery dates and shipping costs.

Raffaello Biagetti S.r.l. reserves the right not to confirm an order for any reason, particularly in relation to an issue concerning the order received or the sourcing of the Products.

 

5. Delivery of Products

Products are delivered to the address provided by the Client.

Shipments will be made after payment has been confirmed: for bank transfers, this means receipt of the funds in our current account; for credit card payments, this means confirmation of the successful transaction by the card network.

For our shipments, we use qualified express couriers such as DHL, FedEx and TNT, or specialist carriers for the delivery of furniture and furnishings, in order to ensure the quality of the service and the integrity of the Products. 


6. Shipping

Products available in stock are delivered by express courier within 5 working days in Italy and within 10 working days in Europe, calculated from the day after payment is received and subject to Product availability.

For bulky orders and/or particularly fragile Products, shipping may be carried out by specialist carriers, with delivery times varying according to the volume, destination and nature of the goods.

The availability time for each Product is indicated on the relevant product sheet at the time of ordering. Standard shipping times or specialist carrier delivery times must be added to these availability times, depending on the destination and size of the order.

The shipping time for an order containing items with different delivery times shall correspond to the longest delivery time among the items ordered.

For example, a Product not held in stock, with an availability time of 2–3 weeks, will be available at the warehouse within a maximum of 3 weeks from order confirmation. Standard shipping times will then be calculated from the arrival of the goods at the warehouse, with delivery within 5 working days in Italy and within 10 working days in Europe.

Any delivery delays of less than 30 days shall not entitle the Client to refuse delivery of the Products or to claim compensation or indemnity of any kind.

Raffaello Biagetti S.r.l. has the right, where it considers it appropriate, to deliver the Products in several successive stages, including in relation to the same order.

Delivery is deemed to have taken place when the Product is delivered to the Client or to the person appointed to receive it.

The delivery document issued by the carrier, dated and signed by the Client at the time of delivery of the Product, shall constitute proof of transport and delivery of the goods.

Standard delivery is exclusively to street level, in front of the street number indicated in the order form, provided that the location is accessible to transport vehicles. Standard delivery does not include carrying goods to a floor of a home or office, assembly, or disposal of packaging.

Special delivery terms and conditions must be agreed in advance between the Client and Design Club and accepted in writing by Raffaello Biagetti S.r.l.

Raffaello Biagetti S.r.l. does not provide assembly services unless otherwise agreed in writing.

Upon delivery, the Client must check the contents, conformity and condition of the Product or Products received. In particular, the Client must check:

  • that the number of packages delivered corresponds to the number indicated in the transport document, hereinafter the “DDT”;

  • that the packaging is intact, undamaged, not wet and not otherwise altered;

  • that the contents are intact, to the extent that this can be verified at the time of delivery.

If the packaging is visibly damaged, the Client must immediately raise this with the courier or carrier, adding the wording “accepted with reservation, packaging damaged” to the notes section of the DDT and specifying the affected part.

Once the packaging has been removed, if the Product is in fact damaged, the Client must photograph the Product, retain a copy of the DDT containing the wording “accepted with reservation, packaging damaged”, indicate the order number and submit the report within 48 hours of receiving the Products, following the procedures indicated on the “Delivery & Returns” page.

In the case of standard delivery of heavy or bulky Products, such as sofas, beds, armchairs or storage furniture, the Client must ensure that at least one other person is present to help receive the goods.

7. Collection of Products in the event of the Client’s absence

If the recipient is absent at the time of delivery, the carrier will leave a delivery notice at the delivery address provided by the Client. The Products must be collected at the address and according to the procedures indicated by the carrier.

If the Products are not collected within the period set by the carrier, they will be returned to Raffaello Biagetti S.r.l., which reserves the right to refund the price of the Products, with shipping costs remaining payable by the Client.

If a Product different from the one ordered is sent, the Client undertakes to return that Product or the relevant Products to Raffaello Biagetti S.r.l. within 7 working days of receipt, in their original packaging, in their original condition and packaging, and with the accompanying documents.

Once the Product has been received in the correct condition, Raffaello Biagetti S.r.l. will resend, at its own expense, the Product originally ordered.

 

 8. Force majeure

In addition to events normally considered as force majeure under case law, the following are expressly considered force majeure events:

  • total or partial strikes, whether internal or external to the company;

  • the blocking of transport or supply routes for any reason;

  • government or legal restrictions;

  • IT failures;

  • the blocking of telecommunications, including networks and, in particular, the internet.

In the event of force majeure, fulfilment of the order shall initially be suspended by operation of law.

If, after a period of 90 working days, the parties establish that the force majeure event is still continuing, the order shall be automatically cancelled, unless otherwise agreed by both parties.

 

9. Product warranties and technical assistance

Raffaello Biagetti S.r.l. guarantees only the material integrity of the Products at the time of delivery (the “Raffaello Biagetti S.r.l. Warranty”).

9.1 Any transport damage must be reported according to the procedures and within the time limits indicated in the “Delivery & Returns” section and, in particular, within 48 hours of receiving the Products, provided that a reservation has been added to the DDT transport document in the case of visibly damaged packaging.

Any further defects covered by the Raffaello Biagetti S.r.l. Warranty must be reported by the Client, under penalty of forfeiture, no later than 10 days from the date of delivery. Where the Raffaello Biagetti S.r.l. Warranty applies, the Client shall be entitled only to the replacement of the damaged Products upon their return, with any right of the Client to compensation for any further damage being excluded.

The shipping costs required for replacement of the Products shall be borne by Raffaello Biagetti S.r.l.

9.2 Without prejudice to clause 9.1 above, Raffaello Biagetti S.r.l. provides no warranty on the Products other than that provided by the individual Manufacturers. Technical assistance and warranty work on the Products, where applicable, are carried out by the individual Manufacturers in accordance with the terms and procedures set out in the documentation supplied with the Products. In particular, Raffaello Biagetti S.r.l. gives no warranty as to the compatibility of the Products with other Products or equipment used by the Client, nor does it give any warranty as to the suitability of the Products for the specific use intended by the Client.

9.3 Except in cases of wilful misconduct or gross negligence by Raffaello Biagetti S.r.l., it is hereby agreed that, should Raffaello Biagetti S.r.l. be found liable on any grounds towards the Client, including in the event of total or partial non-performance of the obligations assumed by the design-club.it website towards the Client as a result of the fulfilment of an order, the liability of Raffaello Biagetti S.r.l. shall not exceed the price of the Products purchased by the Client in relation to which the dispute has arisen.

  

 10. Right of withdrawal

10.1 Pursuant to Article 5 of Legislative Decree No. 185 of 22 May 1999, the Client, where they qualify as a “consumer” within the meaning of Article 1(b) of Legislative Decree No. 185 of 22 May 1999, has the right to withdraw from the contract and return the Products ordered, without any penalty and without giving any reason, within 14 working days of receiving the Products.

10.2 The right of withdrawal referred to in clause 10.1 above may be exercised by the Client, without giving any reason, within 14 working days. The withdrawal period expires 14 working days from the day on which the Client, or a third party other than the carrier and appointed by the Client, takes physical possession of the goods.

To exercise the right of withdrawal, the Client must send, within the above period, written notice of withdrawal, hereinafter the “Notice of Withdrawal”, to Raffaello Biagetti S.r.l., Via Caprera 42, 48123 Ravenna (RA), by registered letter with acknowledgement of receipt.

The Notice of Withdrawal may also be sent within the same period by email to info@design-club.it, provided that the Notice of Withdrawal is addressed to Raffaello Biagetti S.r.l., Via Caprera 42, 48123 Ravenna (RA).

For this purpose, the standard withdrawal form attached may be used, but its use is not mandatory.

To comply with the withdrawal deadline, it is sufficient for the Client to send the communication exercising the right of withdrawal before the withdrawal period expires.

10.3 Effects of withdrawal.

In the event of withdrawal exercised in accordance with these General Terms and Conditions of Sale, Design Club will refund to the Client the sums paid for the purchase of the Product. Shipping and delivery costs shall remain payable by the Client and will not be refunded.

The refund will be made free of charge, as soon as possible and in any event within 30 days from the date on which Design Club became aware that the Client had exercised the right of withdrawal.

The sums shall be deemed to have been refunded within the applicable deadline if they have actually been returned, sent or credited with a value date no later than the expiry of the period indicated above.

10.4 Returned goods must be sent back or delivered to our warehouse at the following address:

Raffaello Biagetti S.r.l.
Via Caprera 40
48123 Ravenna (RA), Italy

The return must be carried out at the Client’s expense, using a trusted courier or freight forwarder appointed directly by the Client, within 14 working days from the date on which the Client received each Product purchased.

In this case, responsibility for loss of or damage to the Product shall remain with the Client until the Products are delivered to the warehouses of Raffaello Biagetti S.r.l.

For the purposes of meeting the deadline, the Product shall be deemed to have been returned when it is handed over to the courier or freight forwarder appointed for its return.

The direct costs of returning the goods shall be borne by the Client.

10.5 The substantial integrity of the Product to be returned, meaning the conformity of the Product to its condition at the time of delivery, including the original packaging and all accompanying documentation, such as the Product’s certificate of origin, is an essential condition for exercising the right of withdrawal.

The Client is responsible only for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

10.6 The right of withdrawal referred to in clause 10.1 above may not be exercised by the Client where the Products purchased have been made “to measure” or according to the Client’s specific requests.

10.7 For the procedures for checking Products on delivery, the management of any damaged packaging and the reporting of damaged Products, reference is made to the provisions of the “Delivery & Returns” section and to clause 6 above.

 

11. Payment

Payment of the price is due at the time of order.

The Client undertakes to pay the agreed price for the Product ordered on the website, including the price of the Products and transport costs, and, where necessary, to pay or arrange payment directly to the courier or carrier of any VAT or other taxes relating to the import of the Products into the countries where delivery will take place.

The Client pays for the order:

  • by credit card, as offered on the website. The Client guarantees to Raffaello Biagetti S.r.l. that they have any authorisations required to use the card payment method at the time of ordering;

  • or by bank transfer in favour of Raffaello Biagetti S.r.l. If Raffaello Biagetti S.r.l. does not receive the bank transfer within 14 days following order confirmation, Raffaello Biagetti S.r.l. reserves the right to cancel the order. Bank details are provided at the time of ordering;

  • or by PayPal. The Client guarantees to Raffaello Biagetti S.r.l. that they have any authorisations required to use the PayPal payment method at the time of ordering.

 

12. Non-payment and retention of title

The Products ordered remain the property of Raffaello Biagetti S.r.l. until their price has been paid in full and definitively, pursuant to Article 1523 et seq. of the Italian Civil Code. Raffaello Biagetti S.r.l. reserves the right to reclaim the Products ordered in the event of non-payment.

In such circumstances, and at the request of Raffaello Biagetti S.r.l., the Client undertakes to return any unpaid Product at their own expense.

13. Complaints

Complaints relating to the non-conformity of the Product or Products delivered compared with the order must be submitted in writing directly to Raffaello Biagetti S.r.l. at the email address info@design-club.it.

 

14. Personal information

The computerised processing of information, including the management of the email addresses of website users, is carried out in accordance with the provisions of the law.

The personal information requested from the Client is essential for processing and forwarding orders, creating invoices and issuing any warranty contracts.

For this purpose, such information may be communicated to the contractual partners of Raffaello Biagetti S.r.l.

The Client may object to such communication and, in accordance with the law, has the right to access, amend, rectify and erase their personal data by contacting Raffaello Biagetti S.r.l. at:

Registered office: Via Caprera 42, 48123 Ravenna (RA), Italy.

To prevent any attempted fraud, Raffaello Biagetti S.r.l. may request proof of identity and address.

  

15. No waiver

The failure of Raffaello Biagetti S.r.l. to enforce a breach by the Client of any of the Client’s obligations shall not be interpreted as a waiver of the obligation in question or of the right to enforce that breach at a later date.

 

16. Integrity of the contract

These General Terms and Conditions of Sale constitute the entirety of the obligations of the parties.

No other general or special condition communicated by the Client may be incorporated into or derogate from these General Terms and Conditions.

17. Intellectual property

Raffaello Biagetti S.r.l. owns the intellectual property rights in the website and the right to distribute the elements contained in the online store catalogue. Accordingly, the partial or total reproduction, on any medium, of the elements forming the website and catalogue, as well as their use or transfer to third parties, is strictly prohibited.

18. Severability

If one or more provisions of these General Terms and Conditions is deemed invalid or declared invalid pursuant to a law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect.

 

19. Jurisdiction

In the event of a dispute and failing an amicable agreement between the parties, without prejudice to the possible application of mandatory legal provisions protecting consumers, as defined pursuant to Article 1(b) of Legislative Decree No. 185 of 22 May 1999, any dispute connected in any way with these General Terms and Conditions shall fall under the exclusive jurisdiction of the Court of Ravenna.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Client declares that they have carefully read, understood and specifically accept the following clauses of the Raffaello Biagetti S.r.l. General Terms and Conditions of Sale: 1-2-3-4-5-6-7-8-9-9.1-9.2-9.3-10-10.1-10.2-10.3-10.4-10.5-10.6-10.7-11-12-13-14-15-16-17-18-19.