1) GENERAL INFORMATION

1.1. This website is the e-commerce platform of Terrecotte Cestenoli s.r.l., with registered office at Loc. Casenuove Taiuti no. 45 – 50038 Scarperia e S. Piero (FI) – Tax Code/VAT No. 01318740485 – REA No. FI - 263360 – Italy.

1.2. This document governs the terms and conditions of use of this website, as well as the offer and sale of the products contained therein.

1.3. Please read these Terms and Conditions, the Personal Data Protection Notice and the Cookie Notice carefully before using this website.

1.4. Please note that the use of this website and/or the submission of an order through it entails acceptance of these Terms and Conditions and of the Privacy and Cookie Notices. Therefore, if you do not agree with them, you may leave this website.

2) USE OF THE WEBSITE

2.1. By accessing our website and/or placing orders through it, you undertake to:

use our website solely to make enquiries and/or place legally valid orders and/or access the services made available therein;

not place false or fraudulent orders;

provide us with your e-mail address, postal address and/or other contact details truthfully and correctly if you decide to register;

and you hereby accept that, otherwise, we reserve the right to cancel or refuse orders submitted by you.

2.2. Sales on this website are reserved exclusively for persons who have reached the age of majority. Therefore, by placing an order, you warrant that you are of legal age. For Italian citizens, the age of majority is reached upon turning eighteen, while purchasers who are not Italian citizens may purchase products on this website only if they are of legal age under their national law. In the absence of national legislation in this regard, the purchaser must be at least twenty-one years of age.

2.3. Finally, by submitting an order through this website, you warrant that you have the legal capacity to enter into binding contracts.

2.4. You undertake to indemnify and hold us harmless from any liability in the event that you purchase products in breach of the terms of use of this website.

2.5. Any content viewed through our Website, such as tutorials or videos, is for personal and non-commercial use only, unless otherwise agreed in writing with our partners. You undertake not to use the service or the content for public performances. By registering on our website, we grant you a limited, non-exclusive and non-transferable right to access the Website service and view selected content. Except as stated above, no other rights are transferred to you. We are not responsible for any technical problems, malfunctions or failures of networks or lines, computers, software, viruses, fraud or other events outside our sphere of control.

3) REGISTRATION

3.1. Purchases on this website are permitted only after registration by the user on the website. You will therefore be asked to provide the data required in the relevant authentication form and will be presented, for acknowledgement and acceptance, with our Privacy Notice and these Terms & Conditions. You may also authenticate on the website by using the “Sign in with Google” service or through your Facebook account. You undertake to keep your registration details constantly updated and warrant that they are valid, truthful, accurate and correct and do not infringe third-party rights. We reserve the right to immediately and without prior notice disable access to the Service if we believe that there has been a material breach of these Terms and Conditions of Sale, in particular where: (a) the Customer's data is incorrect, including as a result of failure by the Customer to update such data; (b) the Service is used improperly or for unlawful purposes by the Customer. Suspension, interruption and/or cancellation of the account for such reasons shall not entitle you to any compensation, refund or indemnity.

3.2. If you do not provide us with your data, we will not be able to process your order.

3.3. Please keep your access credentials confidential, strictly personal and secure. We shall not be liable in the event of loss, disclosure, theft or unauthorised use by third parties, for any reason whatsoever, of your access credentials.

3.4. If you require assistance with your profile, including any deletion requests, you may send your request to the e-mail address shown on the contact page of this website.

4) PRODUCT SEARCH, PURCHASE AND AVAILABILITY

4.1. All products offered on our website are described in detail on the relevant pages. The positioning of products displayed in the search results on our website is determined by the most recent publication criterion. Despite our efforts, actual products may differ slightly from those shown on our website because every single item is the result of handcrafted production and every distinctive detail makes it unique and original. For example, individual items may vary slightly in size, weight and colour; such variations shall therefore not give rise to complaints. Furthermore, we shall not be held responsible for small cracks and overlapping fissures in the clay that naturally occur in the products and are due to the handmade manufacturing process of our items. These characteristics are to be regarded as a sign of the handcrafted nature and value of the products. Such characteristics shall therefore be deemed accepted by you upon submission of the order. Please also note that photographic material, although based on actual products, is merely illustrative. You may in any event contact us for further information about the items and we will be pleased to provide assistance.

4.2. Products marked as available on our website are ready for delivery. However, if items are not actually in stock for any reason whatsoever, for example due to software malfunction, production delays or simultaneous purchases by multiple users, we reserve the right to provide you as soon as possible with information regarding any additional processing and shipping times required or, alternatively, regarding replacement products of equal or greater quality and value, which you may freely decide whether to order. If you decide not to order such replacement products, you may exercise your right to terminate the contract and we will promptly refund any price already paid by you. We shall not be liable for any lack of product availability.

If you have ordered multiple products and only some of them are unavailable, we reserve the right to provide you as soon as possible with information regarding replacement products of equal or greater quality and value, which you may freely decide whether to order. If you decide not to order such replacement products, you may exercise your right to terminate the contract solely in relation to the unavailable product and we will promptly refund any price already paid by you. You shall be entitled to terminate the entire multiple-product order only where there is a clear and proven accessory relationship between the unavailable products and the other products included in the order.

4.3. Items marked as available to order will generally be manufactured within approximately 40 working days. You may nevertheless contact us and we will be pleased to provide you with the most detailed information available regarding timing.

4.4. We also reserve the right to limit the quantities that may be ordered for any product and/or special promotion.

5) PRICE AND PROMOTION TRANSPARENCY

5.1. Our prices are expressed in Euro (€) and include VAT (Value Added Tax), unless otherwise expressly stated on the product description page.

5.2. Once products have been added to the shopping cart, by clicking the “purchase” button the total amount of the order will be displayed, consisting of the price of the selected products, excluding shipping costs, which will be displayed after clicking “proceed with purchase”.

5.3. During any promotional campaigns, the discounted price will be accompanied by an indication of the lowest price applied during the previous 30 days, as required by applicable legislation.

6) ORDER SUBMISSION, PAYMENT AND INVOICING

6.1. In compliance with Italian Legislative Decree no. 70 of 09/04/2003, implementing Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce, we provide you with the following information relating to the conclusion of the contract.

6.2. After selecting the items you wish to purchase, they will appear in your shopping cart. To complete the order, you must follow the purchase instructions, entering, verifying and, where necessary, modifying the information requested at each step of the purchasing process and finally completing payment.

6.3. We use third-party tools for processing payments and therefore do not in any way come into contact with payment information provided by you, such as credit card details.

Our website currently accepts the following payment methods:

bank transfer;

PayPal;

Multisafe Pay;

Klarna;

Cash on delivery, available with an additional charge of € 6.10 including VAT per order.

6.4. Once immediate payment has been successfully completed, the order is acquired by the system and you will receive a confirmation e-mail at the address entered when registering on the website, containing information relating to the characteristics of the purchased product, the price, the payment method used, delivery charges, applicable taxes and these Terms & Conditions, including for the purpose of consulting the withdrawal or complaint provisions.

6.5. The order will be processed as quickly as possible, normally within 2 working days of receipt of payment.

6.6. After the goods have been handed over to the courier, we will send you an e-mail containing the shipping information.

6.7. You may view your order by logging into your reserved area using your credentials. Your order form will be stored for the time required to fulfil the order and, in any case, for the period prescribed by law.

6.8. The languages available for concluding the purchase contract on this website are Italian and English.

6.9. We will issue a regular Electronic Invoice with an Italian VAT number in compliance with applicable legislation.

6.10. We reserve the right, without incurring any liability, to cancel an order already confirmed, in whole or in part, in the following cases: product unavailability, material errors in prices or descriptions, technical problems affecting the website, suspected fraud, logistics malfunctions, force majeure, improper use of the website by the Customer or the occurrence of other circumstances that make it impossible to fulfil the order. In such cases, the Customer will be promptly informed and will receive a full refund of any amount already paid.

7) SHIPPING AND DELIVERY

7.1. We will ship your items to the address you provide at the time of placing the order. Please therefore carefully check that it has been entered correctly.

7.2. We use express couriers for shipments, which provide adequate delivery guarantees. Average delivery times are 3 - 4 working days with standard delivery within Italy and longer for shipments abroad, depending on the destination.

7.3. Delivery costs are as follows:

Shipping is free for orders of at least € 50.00.

For orders up to € 49.99, shipping costs throughout Italy are:

€ 10.00 including VAT for home delivery;

€ 7.50 including VAT for collection at a Fermopoint location, where available for small products.

In any event, the exact delivery cost will be automatically calculated by the system after the item has been added to the shopping cart and before the order is submitted, based on the delivery address entered by the user.

In addition to shipping costs, customs duties and additional charges may apply if the delivery address is located in a country outside the European Union. Shipping costs, which are automatically calculated by the system when the order is created, include the courier's management of customs formalities and customs clearance. Customs duties, import VAT and any additional tax or administrative charges imposed by the customs authority of the destination country shall remain at your expense. These are taxes payable to the foreign State and not amounts retained by the seller. The amount is determined by the Customs Authority at the time of customs clearance and will be communicated to you by the Courier, which will request payment by bank transfer. Delivery is subject to payment of such amounts. If payment is not made within the specified period, the goods will be returned to the sender and storage and return costs will be charged to the recipient.

7.4. We shall not be liable for any delays in delivery or disruptions caused by the Courier.

7.5. Upon delivery, we invite you to check the integrity of the packaging. If the packaging appears damaged or not intact, we recommend accepting the goods “subject to inspection”, in order to avoid losing the protections provided for under Article 1698 of the Italian Civil Code. In the event of damaged boxes or packaging or where the number of parcels does not correspond, please follow the instructions on how to sign the courier's consignment note when receiving the goods.

Important! Sign with a Specific Reservation! Simply signing “Subject to Inspection” is NOT sufficient.

If the courier is about to deliver goods whose box or packaging shows even minor damage, in order for you to retain the possibility of obtaining a refund you must write the following on the delivery note before signing it: “Signed subject to reservation for damage: [describe the visible damage to the packaging]” and only afterwards sign the document. If, after opening the package, you discover that the products are damaged, you may request replacement of the goods. Otherwise, the goods will be deemed to have been accepted as intact and no liability may subsequently be attributed to the courier.

Please also check that the number of parcels indicated on the delivery note corresponds to the number of packages actually being delivered before signing. In the event of any discrepancy, write the actual number of parcels received before signing. There have been cases where couriers have refused to allow customers to sign with a detailed reservation, stating that a generic reservation is sufficient. Signing with a specific reservation is not only a right, but also part of the recipient's responsibility to carefully inspect the packaging. We will not be able to refund the Customer for damaged goods or missing parcels if this was not reported on the consignment note when the delivery was signed for.

7.6. Please note that refusing delivery of the goods does not constitute exercise of the right of withdrawal. To exercise that right, you must follow the procedure indicated in this contract.

7.7. At the Customer's request, ordered and paid goods may be collected from the Company's premises. In this case, shipping costs will not be due.

7.8. Unique pieces may only be delivered in person and therefore cannot be shipped.

8) RIGHT OF WITHDRAWAL

8.1. If you entered into the contract as a “Consumer” within the meaning of Italian Legislative Decree no. 206/2005, the “Consumer Code”, you have the right to withdraw from the contract concluded with us for the purchase of one or more items through our Website, without penalty and without giving any reason, within and no later than 14 (fourteen) days from the day on which you received such item(s), or the final item in the case of a multiple order, separate deliveries or deliveries consisting of multiple lots or pieces.

8.2. To exercise your right of withdrawal, you may use the online withdrawal function available on the website and accessible from your reserved area, or send an e-mail to info@terrecottecestenoli.it containing your explicit declaration that you wish to withdraw from the contract, referred to as the withdrawal declaration, and strictly follow the instructions we provide for continuing the procedure.

8.3. Products must be returned in the same condition in which they were received and complete with all of their components. All labels, seals and information materials accompanying the product must be intact; products must not have been used; they must be provided with their original packaging and any documentation originally contained therein; and they must be intact and free of signs of wear or dirt. Otherwise, we reserve the right not to accept your exercise of the right of withdrawal and/or to refund only the residual value of the item. Before shipping the products you intend to return, you must request from us, if you have not already received them, and strictly comply with the written packaging instructions that we will provide. Otherwise, you will be responsible for any reduction in the value of the goods resulting from failure to comply with such instructions.

8.4. After receiving the product, we will carry out the necessary checks and send you an e-mail informing you of the outcome of the return procedure.

8.5. Within 14 (fourteen) days of receiving the product, if the return has been accepted, we will refund the price paid, from which the shipping costs incurred for returning the item will be deducted. Such costs will be communicated to you and shall remain at your expense. The refund will be made by bank transfer.

8.6. It is understood that the transport risks associated with returning the products shall be entirely borne by you.

8.7. Please note that, pursuant to Article 59 of Italian Legislative Decree no. 206/2005, the “Consumer Code”, the right of withdrawal is excluded in relation to customised products, such as items on which engravings, family crests, images or drawings have been added at your request.

8.8. The provisions of this article shall not apply to persons who do not qualify as Consumers. Therefore, the right of withdrawal is expressly excluded for contracts concluded with persons who make purchases within the scope of their professional or business activity.

9) LEGAL GUARANTEE OF CONFORMITY – RETURNS FOR DAMAGED, DEFECTIVE OR INCORRECT PRODUCTS

9.1. Pursuant to Articles 129 et seq. of the Consumer Code, Italian Legislative Decree no. 206/2005, as amended by Legislative Decree no. 170/2021 implementing Directive (EU) 2019/771, where you have entered into the contract as a “Consumer” within the meaning of the Consumer Code, we guarantee that the Product will comply with the descriptions published on our website, within the terms set out in paragraph 4.1 above, and will be free from design and material defects for a period of 2 (two) years from the date on which it was delivered to you, pursuant to Article 133(1) of the Consumer Code. The guarantee does not cover any damage caused by wear and tear or improper use of the product. Improper use of the product includes, for example, items stored near heat sources or fire; items stored in freezing conditions with blocked drainage holes and stagnant water inside; products containing unsuitable planting of plant species; or similar situations. When the items are properly stored, they will have frost resistance down to -15°C / -25°C, and down to -5°C for specific product lines.

9.2. In the event of a lack of conformity of the Product pursuant to Articles 129 et seq. of the Consumer Code, Italian Legislative Decree no. 206/2005, the Consumer shall be entitled to the remedies provided for under Article 135-bis of the Consumer Code: primarily, restoration of conformity through repair or replacement of the goods, free of charge; alternatively, under the conditions set out in paragraphs 4 and 5 of the same article, a proportionate reduction in price or termination of the contract, unless the lack of conformity is minor. The Seller is liable for any lack of conformity that becomes apparent within two years of delivery of the goods, pursuant to Article 133(1) of the Consumer Code. The action is time-barred twenty-six months after delivery, pursuant to Article 133(3) of the Consumer Code, except in the case of fraudulent concealment of the defect by the Seller. Where a Product is delivered aliud pro alio, meaning a product fundamentally different from the one agreed upon, the ten-year limitation period provided for under the Italian Civil Code shall remain applicable.

9.3. To initiate the return procedure for a defective and/or non-conforming product, you must send an e-mail to info@terrecottecestenoli.it, describing the defect and/or lack of conformity, attaching photographic documentation, and strictly follow the instructions that we will provide for continuing the procedure.

9.4. After receiving the returned product, we will carry out the necessary quality checks and send you an e-mail informing you of the outcome of the return procedure.

9.5. Within 14 (fourteen) days of receipt of the product, if the return is accepted, we will offer you either replacement of the product or reimbursement of the purchase price, depending on the circumstances, unless you request otherwise and provided that your request is possible and not disproportionately costly for us under applicable law.

9.6. In the event of a refund, we will reimburse the price paid, the shipping costs and any costs incurred for returning the product. The refund will be made by bank transfer.

9.7. With regard to any damage caused by defects in the Products, the provisions of Directive 85/374/EEC and the Consumer Code shall apply.

9.8. If you do not qualify as a Consumer, your purchase shall be governed by the provisions of the Italian Civil Code relating to warranties for defects in the goods sold, warranties for promised and essential qualities and the other warranties provided therein, together with the relevant deadlines, forfeiture periods and limitations.

10) INTELLECTUAL PROPERTY

10.1. You acknowledge and accept that all copyrights, registered and unregistered trademarks and any other intellectual property rights relating to materials or content presented as an integral part of our website and the related Social Media pages and/or mobile applications are owned by us and/or by third parties who have granted us the relevant licence to use them.

10.2. You undertake to use this website solely to the extent authorised by us and by third parties who have granted us licences, and in any event in compliance with applicable intellectual property legislation.

10.3. You are permitted to use this website to copy information concerning your order or contractual/contact information and, in any event, solely for strictly personal and non-commercial purposes.

10.4. You are not permitted to copy, distribute, communicate, license, alter, transform or carry out any other activity involving commercial use of anything owned by us on this website, or owned by third parties who have granted us a licence, without our prior written consent.

10.5. We reserve the right to suspend or deactivate the Customer's account, giving reasonable prior written notice, in the event of a serious breach of these Terms. Only in cases of fraudulent or unlawful use, or use capable of causing harm to third parties, may we proceed with immediate suspension, accompanied by simultaneous notification to the Customer.

11) CUSTOMER SUPPORT AND ALTERNATIVE DISPUTE RESOLUTION FOR CONSUMERS (ADR)

11.1. While browsing the website you will find descriptions of our items. However, for any further information you may contact our Customer Service, which will be pleased to provide the assistance you require.

You may contact us:

by e-mail at: info@terrecottecestenoli.it;

by post at: Terrecotte Cestenoli s.r.l., Loc. Casenuove Taiuti no. 45 – 50038 Scarperia e S. Piero (FI), Italy;

by telephone at: +39 055 848004;

by certified electronic mail (PEC) at: terrecottecestenoli@pec.it.

11.2. Our Customer Service will handle requests and any complaints received as quickly as possible and, in any event, within the time limits prescribed by law.

11.3. In the event of disputes arising out of or connected with this contract, the parties undertake to attempt to reach a fair and amicable settlement between themselves. In particular, the Consumer may refer the matter to Mediation Bodies or other alternative dispute resolution methods (ADR) recognised in Italy.

11.4. In any event, the Consumer's right to bring any dispute before the competent ordinary courts shall remain unaffected.

12) APPLICABLE LAW AND JURISDICTION

12.1. Use of this website and contracts for the purchase of our products concluded through it shall be governed by Italian law.

12.2. For any dispute arising from or relating to the use of our website or contracts concluded through it, the Court of Florence (FI) shall have exclusive jurisdiction where you do not qualify as a Consumer. Otherwise, the competent court shall be that of the Consumer's place of residence or elected domicile.

12.3. If you are entering into the contract as a Consumer, as defined above, this clause shall in no way prejudice the rights granted to you by law in your capacity as a Consumer.

12.4. With regard to consumer users who do not have their habitual residence in Italy, any more favourable and mandatory provisions under the law of the country in which they habitually reside shall apply, particularly in relation to the period for exercising the right of withdrawal, the period for returning Products where such right is exercised, the procedures and formalities for communicating withdrawal and the legal guarantee of conformity.

13) THIRD-PARTY SERVICES

13.1. In order to provide all users with a better purchasing experience, please note that certain services may be managed by third parties, such as PayPal, MultisafePay and Klarna.

13.2. We shall not be liable for the proper functioning or availability, or both, of services provided by third parties.

14) FORCE MAJEURE

We shall not be liable in any way for failure or delay in performing any of our obligations under the Contract where such failure or delay is caused by events beyond our reasonable control (“Force Majeure Events”).

15) SEVERABILITY

15.1. If any clause of this contract is deemed invalid, unlawful or unenforceable by the competent authority, that clause shall be deemed not to have been included and shall be replaced by the corresponding applicable provision of Italian law.

15.2. It is nevertheless understood that the remaining clauses and articles of this Contract shall remain valid and effective.

16) LIABILITY AND DISCLAIMER OF LIABILITY

16.1. For invoicing purposes, the information provided by you shall be relied upon. Therefore, by submitting the order you undertake to guarantee the truthfulness of such information and to indemnify and hold us harmless from any damage and any penalties arising where such information is inaccurate or untrue.

16.2. You accept, under your sole responsibility, that you will use our website only for its intended purposes and therefore agree not to use it improperly, commercially, unless otherwise agreed in writing with our partners, or fraudulently.

16.3. We shall not be liable for any damage suffered by you or third parties, or to property belonging to you or third parties, arising from improper use of the product.

17) AMENDMENTS AND UPDATES

17.1. We reserve the right to amend and/or update this contract at any time, including in light of new legislative provisions.

17.2. Any amendment and/or update to these Terms & Conditions shall take effect from the date of publication on our website and shall in any event be binding upon you. For this reason, before making a new purchase, we invite you to consult this document.

Last updated: 27 July 2026.