Terms and Conditions

Note: This English version is provided for the convenience of international customers. In the event of any discrepancy between this translation and the original Italian text, the Italian text shall prevail.

1. General Provisions

Purpose and scope. These General Terms and Conditions (“General Conditions”) govern the use of the online sales services for goods offered by PASSERI Ceramiche d’Arte, which operates online through its website www.passericeramiche.it and offers its Customers handcrafted ceramic products made in Italy.

The relationship between PASSERI Ceramiche d’Arte and the Customer established by these General Conditions may never be understood as a relationship of agency, representation, collaboration, association, or other similar or equivalent contracts.

These General Conditions are drafted in compliance with, in particular:

• Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), as most recently amended by Legislative Decree no. 26 of 7 March 2023 (implementing EU Directive 2019/2161, the “Omnibus Directive”), by Legislative Decree no. 170 of 4 November 2021 (legal guarantee of conformity), by Legislative Decree no. 209 of 31 December 2025 (distance contracts and digital withdrawal), and by Legislative Decree no. 30 of 20 February 2026 (environmental claims, durability and reparability of goods, applicable from 27 September 2026);
• Legislative Decree no. 70 of 9 April 2003 (electronic commerce);
• Legislative Decree no. 7 of 31 January 2007 (urgent consumer protection measures);
• Regulation (EU) 2016/679 (“GDPR”) and Legislative Decree no. 196 of 30 June 2003, as amended by Legislative Decree no. 101 of 10 August 2018, on the protection of personal data;
• Regulation (EU) 2023/988 on general product safety.

2. Form and Content of the Contract

The online transmission to PASSERI Ceramiche d’Arte of the Order Proposal and payment of the requested consideration constitute full acceptance of these General Conditions.

For all legal purposes, the User/Customer shall be deemed to have accepted the terms and conditions of use set out herein, having previously been given access to them in a readable and printable format before the conclusion of the contract, as required by Article 49 of the Consumer Code.

PASSERI Ceramiche d’Arte reserves the right to modify, in whole or in part, these General Conditions, with the new terms applying from the date of their publication on the website. Such changes shall have no retroactive effect on contracts already concluded with Users.

The Customer may not, without the written approval of PASSERI Ceramiche d’Arte, insert additional clauses or modify this contract in any way. The invalidity or ineffectiveness of one or more clauses does not affect the validity of the remaining clauses.

For anything not expressly provided for herein, the Parties refer to the applicable legal provisions.

3. Definitions

The terms contained in these General Conditions do not deprive the buyer, where a consumer, of the rights granted by applicable law, including those under the Consumer Code.

3.1. PASSERI Ceramiche d’Arte — Loc. Case Fabbrizi, 3 – 06023 Gualdo Tadino (PG) – Italy, VAT no. 02777150547, phone +39 0759140089, e-mail info@passericeramiche.it, website www.passericeramiche.it.

3.2. Customer — The party named in the order by which the contract is concluded. A User who registers on the site is also a Customer. Pursuant to Article 3 of the Consumer Code, the Customer is defined as: a) a consumer, a natural person acting for purposes unrelated to their business, commercial, craft or professional activity; b) a professional, a natural or legal person acting in the course of their business, or an intermediary thereof.

3.3. User — Anyone who freely accesses the website www.passericeramiche.it without registering, with the same consumer/professional distinctions described above.

3.4. Registration — The process by which the User provides personal data to PASSERI Ceramiche d’Arte in order to access the reserved areas of the site and proceed with a purchase, in compliance with Article 13 (Processing of Personal Data).

3.5. General Conditions — The clauses of this document, forming an integral part of the contract between the Customer/User and PASSERI Ceramiche d’Arte.

3.6. Contract — The contract concluded in the manner set out in Article 5, consisting of these General Conditions and the Order Proposal.

3.7. Order Proposal — The purchase request that the Customer submits to PASSERI Ceramiche d’Arte pursuant to Article 5.2.

3.8. Order Confirmation — The communication by which PASSERI Ceramiche d’Arte confirms acceptance of the Order Proposal, pursuant to Article 5.3.

3.9. Service — The online sale, through the website, of handcrafted ceramic products and related services (registration, catalogue, sales and after-sales support).

3.10. Standard Withdrawal Form — The standard form, attached to these General Conditions (Annex 1), which the consumer Customer may use to exercise the right of withdrawal pursuant to Article 49, paragraph 1, letter h) of the Consumer Code.

4. Subject Matter of the Contract

4.1. Subject matter. These General Conditions govern the sale of products and the provision of services offered by PASSERI Ceramiche d’Arte through its website, the rights and obligations of the parties, as well as the forms of marketing and advertising sent to the Customer/User, always in compliance with the provisions on unfair commercial practices under Articles 18 et seq. of the Consumer Code.

4.2. Access to the Service. PASSERI Ceramiche d’Arte may maintain, modify or suspend its website without prior notice. Users are entitled to free access to the public information on the site, provided that certain information, promotions and special offers may be reserved for registered Customers only. Registration is always free and does not entail any obligation to purchase. Users agree to use the site exclusively for lawful purposes and bear sole responsibility for any liability arising from unlawful use or violation of applicable regulations.

4.3. User Registration. Before purchasing, Users must register by providing their details (first and last name or company name, tax code/VAT number, shipping and billing address, e-mail, telephone) as set out in Article 13. Access credentials must not contain immoral, offensive, discriminatory content or content infringing the rights of third parties. The Customer is responsible for keeping their credentials confidential; PASSERI Ceramiche d’Arte is not liable for damage resulting from theft, loss or misuse of credentials attributable to the Customer’s conduct. The Customer has the right to access the status of their order at any time.

4.4. Terms of Use of the Website. The User/Customer agrees to use the Service properly, refraining from: unlawful, harmful, defamatory or obscene content, or content infringing the dignity of others or of minors; identity theft; counterfeiting of distinctive signs; infringement of third-party intellectual or industrial property rights; sending spam or unsolicited communications; spreading viruses or malicious code; interfering with the functioning of the Services; violating laws or regulations; harassing third parties or unauthorised collection of others’ personal data. At the request of the competent authorities, or in the presence of manifestly unlawful content, PASSERI Ceramiche d’Arte will remove it promptly, compatible with the technical time required. Users/Customers are prohibited from reproducing, selling or otherwise disposing of information published on the site without authorisation. PASSERI Ceramiche d’Arte may refuse access to Customers who do not comply with the terms of use.

4.5. Limitation of Liability. The User/Customer acknowledges that use of the site, for its technical and IT aspects, is at their own risk, and that the site is provided “as is” and “as available”, without prejudice to the mandatory legal guarantees granted to the consumer Customer. Nothing in this article limits, excludes or affects the mandatory rights granted to the consumer Customer by the Consumer Code, including actions for non-performance, the legal guarantee of conformity, and the right of withdrawal: any limitations of liability apply exclusively to professional Customers and, for consumers, only to technical aspects related to the functioning of the site (e.g. network malfunctions, interruptions not attributable to wilful misconduct or gross negligence of PASSERI Ceramiche d’Arte), pursuant to and within the limits of Article 1229 of the Italian Civil Code and Articles 33-36 of the Consumer Code on unfair contract terms. PASSERI Ceramiche d’Arte is not liable for the malfunctioning or failure of electronic equipment, telephone or data connections not directly managed by it, nor for the actions of third parties. PASSERI Ceramiche d’Arte reserves the right to temporarily suspend the Service for maintenance, giving notice where possible.

4.6. Links to/from Other Resources. The site may contain links to other external sites or resources, for which PASSERI Ceramiche d’Arte assumes no responsibility regarding the content, products or services offered there, which are not in any way sponsored or endorsed by PASSERI Ceramiche d’Arte. Hyperlinks to the site may not be created without the prior written consent of PASSERI Ceramiche d’Arte, which may request their removal at any time.

5. Conclusion of the Contract

5.1. Invitation to treat. The information contained in advertising material, brochures or on the website constitutes an invitation to treat and not a binding public offer pursuant to Article 1336 of the Italian Civil Code. PASSERI Ceramiche d’Arte reserves the right to set and change product prices on its website.

5.2. Pre-contractual Information and Order Proposal. Before the Customer is bound by the contract, PASSERI Ceramiche d’Arte provides, clearly and comprehensibly, the information required by Article 49 of the Consumer Code, including: the main characteristics of the goods; the identity and contact details of the trader (including telephone number); the total price including taxes and any additional costs (shipping, delivery, postal); payment, delivery and performance methods; the delivery period; the existence and conditions of the right of withdrawal, with the relevant form; the existence and conditions of the legal guarantee of conformity and any after-sales assistance service; the functionality and interoperability of any digital content; and the existence of relevant codes of conduct.

To submit an Order Proposal, the Customer must be of legal age and reachable by telephone. The Order Proposal is submitted by completing the appropriate form on the site, after registration, and confirming the order via the dedicated button (“order with obligation to pay”). By submitting the Order Proposal, the Customer takes responsibility for the accuracy of the information provided. Proposals submitted in any manner other than as indicated will not be accepted. Upon receipt of the Order Proposal, PASSERI Ceramiche d’Arte immediately sends the Customer a confirmation e-mail acknowledging receipt of the order, including an order summary and the relevant Order Number. The order constitutes an irrevocable purchase proposal pursuant to Article 1329 of the Italian Civil Code for a period of five working days from the date it is sent. PASSERI Ceramiche d’Arte is free to accept or reject the Order Proposal.

5.3. Acceptance. If the period referred to in Article 5.2 elapses without PASSERI Ceramiche d’Arte having accepted the Order Proposal, the Customer is released from any commitment. In the event of acceptance, the Customer receives an Order Confirmation by e-mail. Should it not be possible to supply the product due to stock unavailability, discontinued production, material errors in the price shown on the site, or other causes not attributable to fault on the part of PASSERI Ceramiche d’Arte, PASSERI Ceramiche d’Arte will promptly contact the Customer to propose alternative products of equivalent or higher value and quality. If the Customer does not accept the alternative, the contract is deemed terminated solely with respect to the products not supplied, with reimbursement of amounts already paid for them, without further compensation, except as provided by mandatory consumer protection rules.

5.4. Unilateral Changes to Products. PASSERI Ceramiche d’Arte reserves the right to modify information relating to the technical characteristics, description and photographs of products, it being understood that, being handcrafted items, slight variations in colour or size compared to the published image are natural and do not constitute a lack of conformity, unless they result in a reduction of the advertised quality.

6. Price and Payment

6.1. Price determination. The final price communicated to the Customer before the order is concluded includes the cost of the product, VAT and insurance costs against transport damage; any shipping costs are indicated separately and clearly before the order is confirmed, pursuant to Article 49, paragraph 1, letter e) of the Consumer Code.

6.2. Price reductions and promotions. Pursuant to Article 17-bis of the Consumer Code (introduced by Legislative Decree 26/2023), any announcement of a price reduction for a product also indicates the prior price, understood as the lowest price applied by PASSERI Ceramiche d’Arte in the 30 days preceding the application of the reduction.

6.3. Unilateral price changes. PASSERI Ceramiche d’Arte reserves the right to unilaterally modify product prices on the site. The price charged to the Customer will nevertheless be the one shown on the site at the time the order is finalised, as referenced in the Order Confirmation.

6.4. Payment methods. Payment is made using one of the methods indicated in the Order Confirmation. The chosen payment method may affect delivery times, which run from completion of payment.

6.5. Retention of title. Pursuant to Article 1523 of the Italian Civil Code, PASSERI Ceramiche d’Arte retains ownership of the product sold until full payment has been made by the Customer.

6.6. Invoicing. PASSERI Ceramiche d’Arte issues, for each order, the fiscal document required by applicable regulations, addressed to the party who placed the order, who is solely responsible for the accuracy of the data provided for this purpose. Once issued, fiscal documents cannot be modified except in compliance with applicable tax regulations.

7. Delivery Terms and Methods

7.1. Availability and sourcing. PASSERI Ceramiche d’Arte makes every reasonable effort to deliver products as quickly as possible. The times indicated on the site are approximate and calculated with reference to orders processed on the day the Order Proposal is received; they may vary in the case of payment by bank transfer, the completion of which is a condition for order processing. In the case of cumulative orders, delivery may take place on different days. Products are handed over to the courier within 24/72 hours of order completion, subject to stock availability.

7.2. Delivery by carrier. Delivery is entrusted to couriers offering adequate guarantees of efficiency and quality. The Customer is required to confirm their identity upon delivery. PASSERI Ceramiche d’Arte sends shipping confirmation by e-mail. Large products are delivered at street level; floor/room delivery service, if requested, is subject to a separate quote, the costs of which remain the Customer’s responsibility even in the event of withdrawal. In the event of delivery difficulties at the indicated address, PASSERI Ceramiche d’Arte will submit an additional quote to the Customer, which the Customer may accept or reject within 3 days; in the absence of a response, or in the event of refusal, the order is deemed cancelled and amounts paid are refunded.

7.3. Place of delivery. Delivery takes place at the address indicated in the Order Proposal. Any changes to the delivery location requested by the Customer may involve additional costs, to be communicated in advance, and must be received by the day before the scheduled delivery, by e-mail to info@passericeramiche.it.

7.4. Delivery delays. In the event of a delay exceeding 30 working days beyond the term indicated in the Order Confirmation, attributable to PASSERI Ceramiche d’Arte, the Customer may withdraw from the order by written complaint, obtaining a refund of amounts paid. PASSERI Ceramiche d’Arte will primarily propose equivalent or superior alternative products; failing acceptance, the contract is deemed terminated for the products not supplied. Goods not delivered within 14 working days of being handed to the carrier are returned to PASSERI Ceramiche d’Arte, with a corresponding refund to the Customer.

7.5. Delivery guarantees. All orders are covered by insurance against transport, loss and handling risks. The Customer must check the condition of the products upon delivery: in the event of anomalies or visible damage, these must be noted as precisely as possible on the courier’s delivery note, and reported to PASSERI Ceramiche d’Arte within the following 24 hours by e-mail to info@passericeramiche.it. In the absence of anomalies noted at delivery, PASSERI Ceramiche d’Arte is not liable for transport damage.

8. Right of Withdrawal

Pursuant to Articles 52 et seq. of the Consumer Code, the consumer Customer has the right to withdraw from the contract without giving any reason, within 14 days of delivery of the products, obtaining a refund of the price paid, including the standard delivery costs initially incurred (except as provided in Article 8.2). Professional Customers may not exercise the right of withdrawal.

8.1. Method of exercise. The Customer may exercise the right of withdrawal within 14 days of delivery of the products by one of the following methods:

• written communication to the operating office address (Loc. Case Fabbrizi, 3 – 06023 Gualdo Tadino, PG);
• e-mail to info@passericeramiche.it;
• fax to +39 075.91.400.89;
• completing the standard withdrawal form (Annex 1), or an explicit statement in any other written form;
• the digital withdrawal function available on the website [name/path of dedicated section on the site], pursuant to the new Article 54-bis of the Consumer Code, which allows the Customer to withdraw directly online, with confirmation of receipt provided on a durable medium.

The communication must contain: a) the Customer’s intention to withdraw, in whole or in part, from the contract; b) the number and copy of the document proving the purchase (invoice or delivery note); c) the description and codes of the products subject to withdrawal; d) the preferred refund method (bank transfer for payments made by bank transfer, postal order or cash on delivery; re-credit to credit card for PayPal payments). For payments made through financing, the refund method is agreed with the Customer.

Upon receipt of the withdrawal notice, PASSERI Ceramiche d’Arte will communicate the return procedures by e-mail. The return must take place without delay and within 14 days of the withdrawal notice. The Customer must keep the products with due care, together with the original packaging. The costs and risks of return shipping are borne by the Customer, who may insure the shipment at their own expense. Returns cannot be handled at the premises of PASSERI Ceramiche d’Arte: returns are accepted only via courier or postal service.

8.2. Effects of withdrawal. In the event of withdrawal, pursuant to Articles 56 and 57 of the Consumer Code, PASSERI Ceramiche d’Arte will refund, without undue delay and in any case within 14 days from the date it is informed of the withdrawal decision, all payments received from the Customer, including the standard delivery costs initially incurred. The refund may be withheld until the returned goods are received, or proof of their shipment is provided, whichever is earlier. The only costs borne by the Customer are those of returning the goods to PASSERI Ceramiche d’Arte. Improper exercise of the right of withdrawal entitles PASSERI Ceramiche d’Arte to return the products to the sender, charging the related transport costs.

8.3. Exclusion of the right of withdrawal. Reimbursement is excluded where the Customer has already begun using the purchased services. Refunds are subject to the products being intact, save for the minimal handling necessary to verify their nature, characteristics and functioning, pursuant to Article 57, paragraph 2 of the Consumer Code. Returns of products worn beyond this limit, handled improperly, missing their accessories, or made to measure/personalised for the Customer are not accepted, pursuant to Article 59, paragraph 1, letter c) of the Consumer Code.

9. Communications

All communications relating to this contractual relationship may be made by PASSERI Ceramiche d’Arte in person, by e-mail, by registered letter with return receipt, ordinary mail, or fax, to the addresses provided by the Customer, which are deemed known to the Customer. Changes of address not communicated to PASSERI Ceramiche d’Arte are not binding upon it.

10. Product Warranty

10.1. Safety. PASSERI Ceramiche d’Arte implements a quality control policy to verify that the products sold meet the safety requirements set out in Regulation (EU) 2023/988 on general product safety.

10.2. Guarantee of conformity. Pursuant to Articles 128 et seq. of the Consumer Code, PASSERI Ceramiche d’Arte provides the consumer Customer with the legal guarantee of conformity for a period of 24 months from delivery of the goods. For defects appearing within 12 months of delivery, the defect is presumed to have already existed at the time of delivery, unless the seller proves otherwise or this presumption is incompatible with the nature of the goods or of the defect; beyond that period and up to 24 months, the consumer must demonstrate that the defect was present at the time of delivery. The consumer loses the right to the guarantee if the defect is not reported within 2 months of its discovery. The guarantee does not cover damage resulting from improper use, wear, mishandling or non-professional installation, nor defects already known to the Customer at the time of purchase or caused by factors unrelated to normal use of the product (power surges, falls, water, fire, non-compliant use). For professional Customers, only the manufacturer’s conventional warranty, if any, applies, the text of which is available on request.

10.3. Procedure. Before returning a non-conforming product, the Customer must agree with PASSERI Ceramiche d’Arte, including by e-mail, within 10 days of reporting the defect, on the return procedure; failure to meet this deadline results in forfeiture of the right to claim the guarantee. For bulky products, collection takes place via a courier appointed by PASSERI Ceramiche d’Arte. Once the defect has been verified, PASSERI Ceramiche d’Arte will repair or replace the product; if the defect is not confirmed, it will inform the Customer of the costs of any repair or replacement, which remain the Customer’s responsibility, together with transport costs.

11. Force Majeure

PASSERI Ceramiche d’Arte makes every reasonable effort to fulfil its obligations and is not liable for delays or failures caused by circumstances beyond its reasonable control. In such cases, obligations will be performed as soon as reasonably possible.

12. Dispute Resolution and Alternative Dispute Resolution (ADR)

PASSERI Ceramiche d’Arte is committed to handling any complaints quickly and efficiently through info@passericeramiche.it. The consumer Customer may also, as an alternative to court proceedings, refer to the competent Alternative Dispute Resolution (ADR) bodies listed by the Italian Ministry of Enterprises and Made in Italy, or to the locally competent Chamber of Commerce, pursuant to Articles 141 et seq. of the Consumer Code.

13. Processing of Personal Data

Personal data provided by the Customer/User is processed by PASSERI Ceramiche d’Arte, as data controller, in compliance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018. The purposes, legal bases, retention periods, methods for exercising data subject rights (access, rectification, erasure, restriction, portability, objection) and any other information required by Articles 13 and 14 of the GDPR are set out in the privacy notice available on the Privacy Policy page, which the Customer/User is invited to read before registering or purchasing. The use of cookies and similar technologies is governed by the Cookie Policy available on the Cookie Policy page.

14. Applicable Law and Competent Court

This Contract is governed by Italian law. For consumer Customers, any more favourable provisions of the law of their country of habitual residence remain applicable, where provided for under European regulations. For any dispute concerning the interpretation, performance or termination of these General Conditions, the Court of Perugia shall have exclusive jurisdiction for professional Customers; for consumer Customers, the court of the place of residence or domicile of the consumer applies, if located within Italian territory, pursuant to Article 66-bis of the Consumer Code.