In the following terms and conditions "WebsiteOwner" shall mean "GHERARDI SRL", a company with registered office in Via Canonico Coupers, 11, 52036 - Pieve Santo Stefano (AR), tax code and VAT no. 02250470545, REA number AR - 128835.
GENERAL TERMS AND CONDITIONS OF SALE
In force from 01/07/2022
The following General Terms and Conditions of Sale govern the offer and sale of products on this website (also, alternatively, the "Site").
The products and/or services purchased on the Site are offered and sold by "WebsiteOwner" itself.
You may request any information and/or send notices and/or make complaints about sales, purchase orders, products, payments and shipments by contacting "WebsiteOwner" Customer Service ("Customer Service"), in the manner described in Article 14.
1. SCOPE OF APPLICATION
1.1 The sale of products through the Site ("Products") constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") and Legislative Decree no. 70 of 9 April 2003, containing the regulation of electronic commerce.
1.2 These General Terms and Conditions of Sale apply to all sales made by "WebsiteOwner" on the Site.
1.3 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be in force from the time of their publication in the "Terms and Conditions of Sale" section of the Site. For this reason, users are invited to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase. The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
The user is obliged to carefully read these General Terms and Conditions of Sale, which "WebsiteOwner" makes available to him in the "Terms and Conditions of Sale" section of the Site and which he is permitted to store and reproduce, as well as all other information that "WebsiteOwner" provides to him on the Site, both before and during the purchase process.
1.4 These General Terms and Conditions of Sale apply to Italian and European territory only. They do not govern the sale of products and/or provision of services by parties other than "WebsiteOwner" that are present on the Site via links, banners or other hypertext links. Before conducting business transactions with such parties, you should check their terms and conditions of sale. "WebsiteOwner" is not responsible for the provision of services and/or the sale of products by such parties. WebsiteOwner" has no control and/or monitoring over the websites accessible via these links. "WebsiteOwner" is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law on their part.
2. PURCHASES ON THE SITE
2.1 Access to sales made through the Site is reserved exclusively for users who are 18 years of age or older and have registered on the Site, creating a "WebsiteOwner" account.
2.2 Access to the offers on the Site is permitted both to users who are consumers, as defined by Article 3, paragraph 1, letter a) of the Consumer Code, meaning natural persons who, in relation to the purchase of Products, are acting for purposes outside their trade, craft, business or professional activity, and to users who are not consumers within the meaning of this definition.
2.3 Under no circumstances may resellers or wholesalers or, in general, any persons who intend to purchase Products for the purpose of subsequent resale, make purchases on the Site. It is, therefore, forbidden for such subjects to register on the Site and make purchases on the Site.
2. 4 "WebsiteOwner" reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of a purchase agreement with "WebsiteOwner"; (iii) by a user who has been involved in fraud of any kind, particularly credit card payment fraud; (iv) by users who have provided false, incomplete, or otherwise inaccurate identification data, or who have failed to promptly send "WebsiteOwner" the documents requested by "WebsiteOwner" as part of the procedure under Art. 9.3 below or who have sent it invalid documents; (v) by users who do not provide sufficient guarantees of solvency.
3. SITE REGISTRATION
3.1 Registration on the Site is free of charge. To register on the Site, the user must fill in the registration form, entering his first name, last name and an e-mail address. Registration will be confirmed by e-mail to the user who, in order to complete the registration procedure, must click on the link contained in the communication received and enter the password that will be indicated in the same e-mail.
3.2 Registration credentials are to be used exclusively by the user and may not be passed on to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, and to inform "WebsiteOwner" without delay by contacting it as stated in Article 14 in the event of suspected misuse and/or disclosure. The user warrants that the personal information provided during the registration process on the Site is complete and true. Each user is permitted to register on the Site only once. The same user is prohibited from making multiple registrations.
multiple registrations. Should "WebsiteOwner" detect that the same user has made multiple registrations on the Site, "WebsiteOwner" reserves the right to proceed immediately and without prior notice to block the relevant account. The user agrees to indemnify and hold "WebsiteOwner" harmless from any damage, obligation to pay compensation and/or penalty arising from and/or in any way related to the user's violation of the rules on registering on the Site or retaining registration credentials.
4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree No. 70 of 9 April 2003 on electronic commerce, "WebsiteOwner" informs the user that
- to conclude the contract for the purchase of one or more products on the Site, the user must fill out an order form in electronic format and send it to "WebsiteOwner", electronically, following the instructions that will appear on the Site from time to time and that will accompany the various stages of the purchase
- the contract is concluded when the order form reaches the "WebsiteOwner" server;
- before transmitting the order form, the user may identify and correct any errors in data entry by following the instructions from time to time indicated on the Site and which will accompany the various stages of purchase
- once the order form has been registered and confirmation that payment of the total amount due has been authorised has been received, "WebsiteOwner" will send the user, via e-mail to the e-mail address provided, confirmation of the order, containing a summary of the General Terms and Conditions of Sale and special conditions applicable to the contract, information on the characteristics of the Product purchased, a detailed indication of the price, the means of payment used, information on the right to cancel, delivery costs and any additional costs, and contact details of the Customer Service Department, which the user can contact to request assistance and/or make complaints. It is recommended to keep the e-mail received as proof of purchase.
The General Terms and Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in Art. 10 will be attached to the e-mail confirming dispatch referred to in Art. 8.4 below;
- the order form will be stored in the "WebsiteOwner" database for the time required to process the order and, in any case, within the terms of the law.
4.2 The language available to users for the conclusion of the contract is Italian and English. The Customer Service is able to communicate with users in the same languages.
PRICES
5.1 All prices of the Products are expressed in Euro (€) and are inclusive of Value Added Tax ("VAT"). Shipping costs and any other additional costs, inclusive of VAT and expressed in Euro (€), shall be expressly and separately indicated in the order form, before the user proceeds to submit it, as well as on the order confirmation e-mail.
5.2 The price of the Products may be changed by "WebsiteOwner" at any time, without prior notice, on the understanding that the price charged to the user will be the price published on the information sheet illustrating the main characteristics of the Product ("Product Sheet") at the time the order is sent. Any variations (upwards or downwards) in price following the transmission of the order shall not be taken into account.
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 "WebsiteOwner" will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of authorisation to pay the total amount due, consisting of the purchase price, delivery costs, if applicable, and any other additional costs, as indicated on the order form ("Total Amount Due"). In the event that the Total Due Amount is not paid or the successful payment is not confirmed, the purchase agreement shall be deemed to be rescinded pursuant to and for the purposes of Article 1456 of the Italian Civil Code. Of such termination and the consequent cancellation of the order, the user will be notified immediately after the order has been transmitted, through the Site.
6.2 The Products remain the property of "WebsiteOwner" until payment by the user of the Total Amount Due. The risk of loss of or damage to the Products, for reasons not attributable to "WebsiteOwner", however, will be transferred to the user when the user, or a third party designated by the same and other than the carrier, takes physical possession of the Products.
6.3 The Products offered on the Site are the articles (by way of example: articles of clothing) on the Site at the time the order is placed by the user.
6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colours of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by the users to view them. Furthermore, the Product images in the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the Product description contained in the order form transmitted by the user shall prevail.
7. AVAILABILITY OF THE PRODUCTS
7.1 The products offered on the Site are limited in number. It may therefore occur, also due to the possibility that several users
purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order. The assortment on the "WebsiteOwner" site reflects the exact availability of each item by size and colour. The site is in fact linked to all shops and warehouses of "WebsiteOwner". As the owner of all brands on the site, "WebsiteOwner" guarantees the authenticity of each item. Once the order request has been received, the "WebsiteOwner" order department reserves the right to reconfirm the availability of the purchased items, the validity of the credit card transaction, and to check the details of previous transactions made by the customer on the WEBSITE.
7.2 In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by e-mail. The user shall, therefore, be entitled to terminate the contract immediately, without prejudice to the right to compensation for damages, pursuant to and for the purposes of Article 61, paragraphs IV and V, of the Consumer Code. If the user avails him/herself of the right to terminate the contract pursuant to Art. 61, paragraphs 4 and 5 of the Consumer Code, or in any case in which payment of the total amount due has already been made, "WebsiteOwner", without prejudice to the user's right to compensation for damages, will refund this amount without undue delay and, in any case, within a maximum of 15 working days after the order has been placed. The amount of the refund shall be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
In any case, the value date shall be the same as the debit date. In addition to the above, if the Product ordered is unavailable, "WebsiteOwner" will provide the user with a 10% discount voucher applicable to the next purchase made on the WEBSITE
7.3 In the case of orders involving several Products ("Multiple Order"), if the unavailability affects only some of the Products covered by the Multiple Order (without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and subject to the application of art. 7.2 above, if the unavailability affects all the products ordered) "WebsiteOwner" will immediately notify the user by e-mail. The user will then be entitled to immediately terminate the contract, limited to the Product(s) that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and in accordance with the provisions of Article 61, paragraphs IV and V of the Consumer Code. If the user avails himself of the right to terminate the contract in accordance with Article 61(4) and (5) of the Consumer Code in relation to the unavailable Product(s), or if payment of the total amount due has already been made, "WebsiteOwner" shall, without prejudice to the user's right to compensation for damages, refund the amount due for the Product(s) within a maximum of 15 working days after the order was placed. The amount of the refund shall be communicated to the user by e-mail. This amount will be credited to the same means of payment used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date shall be the same as the debit date. The termination of the entire Multiple Order shall only be possible in the case of clear and proven ancillary nature of the Multiple Order Goods that have become unavailable with respect to the other available Multiple Order Goods.
8. DELIVERY OF THE PURCHASED PRODUCTS
8.1 Delivery is subject to payment. Delivery costs shall be borne by you, unless otherwise indicated during the purchase process and/or elsewhere on the Site. The amount of the delivery costs payable by the user in relation to a specific order, is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before the user proceeds to transmit the same. The indication of these costs will also appear in the "Profile - My orders" section of the Site and in the order confirmation. An additional cost may be required for delivery to certain areas.
This cost will be specifically indicated during the purchase procedure and, in any case, before the completion thereof, and in the order summary. The delivery terms will be specifically indicated during the purchase procedure and in the order summary, and, in any case, before the user sends the order. They will also be indicated in the order confirmation and in the "Profile - My orders" section of the Site. Delivery terms and costs are calculated taking into account not only the delivery area but also the delivery method chosen by the user. In the event that a specific delivery term is not indicated, it will in any case be within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the Products to the user. It is up to the user to check the condition of the Product delivered to him/her. Notwithstanding that the risk of loss of or damage to the Products, for reasons not attributable to "WebsiteOwner" is transferred to the user when the user, or a third party designated by the same and other than the carrier, takes physical possession of the Product, the user is advised to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials and is invited, in its interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reservations. Receipt of the Products without reservation does not allow the user to take legal action against the carrier in the event of loss of or damage to the Products, except in the event that the loss or damage is due to wilful misconduct or gross negligence on the part of the carrier itself and except for partial loss or damage that is not recognisable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity.
8.3 The Products purchased on the Site will be sent and delivered to the address indicated by the user when placing the order. Home Delivery will be made, unless otherwise specified, by BRT courier from Monday to Friday, during normal business hours (9:00 am to 6:00 pm), excluding national holidays. "WebsiteOwner" reserves the right to use other carriers, subject to compliance with the delivery method chosen by the user and the delivery terms indicated. Shipments in Italy are made
by BRT courier, while shipments outside these territories are made by BRT courier. Any customs duties and import taxes shall always be borne by the customer as these cannot be foreseen in advance and vary depending on the destination location.
8.4 Upon delivery of the Products to the courier, you will be sent an e-mail confirming the shipment in which the tracking number will be indicated, through which you will be able to check the status of the shipment. This e-mail will also contain indications regarding the delivery procedure, the deadline for collection in the event of non-delivery due to the absence of the addressee and the consequences of non-delivery within the indicated deadline.
8.5 You acknowledge that collection of the Product is your specific obligation under the purchase agreement. In the event of non-delivery due to the absence of the addressee at the address specified in the order form, the courier shall leave a postcard to certify the delivery attempt (so-called notice of delivery). The postcard will indicate the telephone number that the user must contact to request that the courier make a second delivery attempt. After two unsuccessful delivery attempts, the parcel will go "into storage". As soon as the package goes "into storage", Customer Services will contact the user in order to unlock the storage and arrange for the package to be delivered as soon as possible. If necessary, Customer Services may agree with the user to change the delivery address. If the delivery attempt after contacting Customer Service also fails, or if the user does not respond to the Customer Service contact attempt, the package will be returned to "WebsiteOwner" and the user will be notified of this by e-mail. The user acknowledges that thirty (30) days after the package is returned to "WebsiteOwner", the contract may be terminated and the purchase order cancelled pursuant to Article 1456 of the Civil Code. Upon termination of the contract, "WebsiteOwner" will refund the total amount due, if already paid by the user, minus the cost of delivery of the Product failed, as well as the cost of returning the package to WEBSITE OWNERany other costs incurred by "WebsiteOwner" due to non-delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be notified to the user by e-mail. The refund amount will be credited to the means or payment solution used by the user for the purchase. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used. In any case, the value date shall be the same as the debit date. In the event that the user requests to receive the purchased Product again before the aforementioned thirty days have elapsed, "WebsiteOwner" will re-deliver the Product, after charging the cost of doing so, the cost of returning the Product to "WebsiteOwner", and the cost of storage.
8.6 If the purchased product is not delivered or is delivered later than the delivery time specified during the purchase process and in the order confirmation, "WebsiteOwner" will, in accordance with Article 61 of the Consumer Code, ask "WebsiteOwner" to make delivery within an additional period appropriate to the circumstances ( Additional Timeframe under Article 61, Section III of the Consumer Code ). If this additional period expires without the Products having been delivered to him, the user is entitled to terminate the contract ( Termination of Contract ex art. 61, para. III, Consumer Code ), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant "WebsiteOwner" the Additional Term under Article 61, Section III, of the Consumer Code ( Excluded Cases ) if:
a) "WebsiteOwner" has expressly refused to deliver the Products;
b) adherence to the delivery deadline indicated during the purchase process and in the order confirmation is to be regarded as essential, taking into account all the circumstances surrounding the conclusion of the contract;
In Excluded Cases, the user, if he does not receive the Products within the delivery period indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, without prejudice to his right to compensation for damages ( Termination of Contract in Excluded Cases ).
The user must notify "WebsiteOwner" at the addresses listed in Art. 14 below of the Additional Timeframe pursuant to Art. 61, Section III, of the Consumer Code and the notice of termination of the contract pursuant to Art. 61, Section III, of the Consumer Code or termination of the contract in Excluded Cases.
In the event of termination of the contract pursuant to Art. 61 (3) of the Consumer Code or termination under Excluded Cases, "WebsiteOwner" will reimburse the user for the total amount owed without undue delay.
8.7 In all cases referred to in Article 8.6 above in which a refund is due to the user, the amount of the refund will be communicated to the user by e-mail. It will be credited to the same means of payment used by the user for the purchase. Possible delays may depend on the bank, the type of credit card or the payment solution used. In any case, the value date will be the same as the debit date.
ESTIMATED TIME FOR DELIVERY DATE
Italy: 1-2 days
Europe: 2-5 days
"WebsiteOwner" is not responsible for any delays due to customs operations and controls, or force majeure beyond the control of "WebsiteOwner".
9. PAYMENT METHODS AND PROMOTIONAL CODES
9.1 Payment for Products can be made by credit card, PayPal or bank transfer. In the event that one of these means/payment solutions cannot be used in relation to a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure. At the time of purchase, Customers enter their credit card details into a secure electronic banking system provided by XXXXXX. Purchases can be made by Visa, Mastercard, American Express, and JCB.
9.2 The commercial invoice will be issued automatically with each purchase. At the time of the first purchase, you will be asked to provide the data for the header of the invoice, including your tax code. He may subsequently change this data. The invoice is issued on the basis of the information provided by the user, which the user declares and guarantees to be true, and agrees to indemnify and hold WebsiteOwner harmless from any damages, including fines issued by the relevant authorities, that may be incurred in the event of incorrect information. 9.3 In order to ensure the security of payments made on the Site and prevent fraud, "WebsiteOwner" reserves the right to ask the user, via e-mail, to send a front/back copy of their identity card and, if the order holder is different from the card holder, the identity card of the latter. The document must be valid. The e-mail request will specify the deadline by which the document must be received by "WebsiteOwner". This deadline shall in no case exceed five working days from receipt of the request by the user. Pending receipt of the requested document, the order will be suspended. The user shall be obliged to send the requested documents within the specified period.
9.4 If "WebsiteOwner" does not receive these documents by the deadline specified in the e-mail request, or if it receives expired or invalid documents, the contract will be deemed terminated pursuant to and for the purposes of Art. 1456 of the Italian Civil Code, and the order consequently cancelled, without prejudice to "WebsiteOwner's" right to compensation for any damage it may have incurred due to the user's non-compliant behaviour. Termination of the contract, of which the user will be notified by e-mail, no later than 5 working days after the deadline for sending the documents requested by "WebsiteOwner", will result in cancellation of the order, with subsequent refund of the Total Amount Due, in the manner and timeframe specified in art. 7.2 above.
9.5 If "WebsiteOwner" receives valid documentation by the deadline specified in the e-mail as per art. 9.3 above, the delivery period shall run from the date of receipt.
9.6 By choosing the Paypal payment method, the customer can pay directly via their Paypal account. "WebsiteOwner" reserves the right to only ship goods to the address specified on the verified Paypal account. We would like to remind our new customers that "WebsiteOwner" can request the bank or Paypal to verify the transaction, including contacting the other bank. Such verification may cause some delay in the dispatch of the order.
9.7 Customers who subscribe to the "WebsiteOwner" newsletter will receive updates on promotions and/or promotional codes that can be entered in the shopping cart during the purchase process. Each code has a start and end date and this time limit cannot be extended in any way. Promotion codes can be used in conjunction with vouchers and vouchers issued for open credits.
10. RIGHT OF WITHDRAWAL
10.1 If you are a consumer, you have the right to withdraw from your contract with "WebsiteOwner" within fourteen (14) calendar days ( Withdrawal Period ) without giving a reason.
THE ORDER MUST THEN BE RETURNED BY "WebsiteOwner" IN THE Manner SPECIFIED BY "WebsiteOwner" NO LATER THAN 14 WORKING DAYS, AFTER WHICH THE RETURN WILL NOT BE ACCEPTED.
The Withdrawal Period expires after 14 days:
a) in the case of an Order for a single Product, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last Product; or
c) in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last lot or piece.
10.2 EXERCISING THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal in relation to an Order, the user must inform "WebsiteOwner" of their decision to withdraw, before the expiry of the Withdrawal Period. To this end, the customer must notify "WebsiteOwner" by e-mail of their wish to exercise their right of withdrawal by providing the order number. Once the procedure has been completed, "WebsiteOwner" will send a confirmation e-mail containing the return consignment note and instructions on how to return the goods.
10.3 The user has exercised his or her right of withdrawal within the Withdrawal Period if the product is returned to "WebsiteOwner" in the manner specified by it no later than 10 working days.
10.4 After exercising the right of withdrawal in the manner indicated in Articles 10.2 and 10.3 above, the user must return the product to "WebsiteOwner" using the carrier that will be indicated in the email sent by "WebsiteOwner". The Return Order Number must be written on the waybill, which must be filled out as indicated in the authorisation email received from the "WebsiteOwner" returns department. (The letter will be sent by e-mail or may already be contained in the package containing the order). Return shipping costs and any customs duties (where applicable) will always be borne by the customer unless otherwise specifically stated during promotional free return periods. Returning the product to "WebsiteOwner" is the responsibility of the user.
10.5 If the user withdraws from the contract, "WebsiteOwner" will refund the amount paid by the user for the Product minus the shipping costs incurred in returning the Product, except in the case of free returns during promotional periods - without undue delay and in any case no later than 14 calendar days from the day the Product arrives at "WebsiteOwner" warehouses and the items are checked. The refund will be made using the same means of payment used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user shall not incur any costs as a result of such a refund.
The security seal on returned items must not be cut or broken.
The garments must not have been worn, washed or altered and must not show any signs of use. Each garment must be returned including all labels, packaging and original accessories (Dustbags, hangers, garment covers etc.) received with the order. All socks and accessories must be returned together with their original box, which is considered to be
to all intents and purposes an integral part of the product itself and which must not have been damaged and/or altered in any way, nor used as the only outer packaging. Returns must be sent inside the "WebsiteOwner" box.
10.6 "WebsiteOwner" reserves the right to request photographic evidence before authorising returns for defective goods and to bear the cost of shipping the goods back to its premises.
10.7 The user is only liable for any decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and function of the Product. The Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, complete with all accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and without signs of wear or dirt. Moreover, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (that do not constitute independent Products) of the Product.
10.8 If withdrawal is not exercised in accordance with applicable law, it will not result in termination of the contract and, consequently, will not entitle you to any refund. "WebsiteOwner" will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the product has already been received by "WebsiteOwner", it will remain at "WebsiteOwner" at the user's disposal for collection, which must be done at the user's expense and responsibility.
10.9 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value as a result of handling other than that necessary to establish the nature, characteristics and function of the Product, the refund amount shall be reduced by an amount equal to this decrease in value. WebsiteOwner" will notify the user of this circumstance and the resulting reduced refund amount within 5 working days of receipt of the Product, providing the user, if the refund has already been paid, with the bank details for payment of the amount owed by the user due to the reduced value of the Product.
10.10 In the event that, one of the cases provided by law, the right of withdrawal does not apply, such exclusion shall be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds to transmit the order. In any case, the user is reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale relates to:
(i) made-to-measure or clearly customised products; (ii) products that are liable to deteriorate or expire rapidly.
11. LEGAL GUARANTEE OF CONFORMITY
All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee").
TO WHOM IT APPLIES
The Legal Warranty is reserved to consumers. It therefore only applies to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. To those who have purchased on the Site and who do not have the status of consumer, the warranty for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided for by the Civil Code with the relative terms, forfeitures and limitations shall be applied.
WHEN IT APPLIES
The seller (and, therefore, as far as purchases made on the Site are concerned, WEBSITE) is liable to the consumer for any conformity defect existing at the time of delivery of the Product and manifesting itself within two years from such delivery. The conformity defect must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proved otherwise, it shall be presumed that the conformity defects that become apparent within six months after delivery of the Product already existed on that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. Starting from the seventh month following delivery of the Product, it shall instead be the consumer's burden to prove that the conformity defect already existed at the time of delivery of the Product.
In order to benefit from the Legal Warranty, the user must therefore first provide proof of the date of purchase and delivery of the good. Therefore, for such proof, the user should keep the purchase invoice, which "WebsiteOwner" sends to him, or any other document that can attest to the date of purchase (e.g. credit card statement) and the date of delivery.
WHAT IS A LACK OF CONFORMITY
A lack of conformity exists when the purchased goods
- is not fit for the use for which goods of the same type are normally used;
- does not conform to the description made by the seller and does not possess the qualities of the goods which the seller has presented to the consumer as a sample or model;
- does not possess the usual qualities and performance of goods of the same type that the consumer can reasonably expect, taking into account also statements made in advertising or labelling;
- is not fit for the particular purpose intended by the consumer and which was brought to the knowledge of the seller at the time of the conclusion of the contract and which the seller has accepted.
Therefore, any faults or malfunctions or other defects caused by accidental events or by the user's liability or by use of the Product that does not comply with its intended use and/or with what is set out in the documentation attached to the Product, if any, or in the instructions for use relating to the same are excluded from the scope of the Legal Warranty.
REMEDIES AVAILABLE TO THE USER
In the event of a conformity defect duly reported within the terms, the user shall be entitled
- on a primary basis, to the repair or replacement of the goods, free of charge, at his/her choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in this specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of items still available for sale
- as a secondary remedy (i.e. where repair or replacement is impossible or excessively expensive or where repair or replacement has not been effected within a reasonable time or where the repair or replacement previously effected has caused significant inconvenience to the consumer) to the reduction of the price or to the termination of the contract, at the consumer's option.
The remedy sought is excessively expensive if it imposes unreasonable expenses on the seller in comparison with alternative remedies available, taking into account (i) the value which the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) whether the alternative remedy can be effected without significant inconvenience to the consumer.
WHAT TO DO IN THE EVENT OF A CONFORMITY DEFECT
In the event that a Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what may be a lack of conformity, the user must contact Customer Service, at the addresses and in the manner indicated in art. 14. "WebsiteOwner" will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also to agree on how to ship the goods, also taking into account the product category to which the Product belongs and/or the defect reported.
REFUND OR REDUCTION AS A CONSEQUENCE OF THE APPLICATION OF THE LEGAL GUARANTEE
In case of termination of the contract, "WebsiteOwner" will refund the user the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, "WebsiteOwner" will return the amount of the reduction, agreed in advance with the user. Alternatively, the user may choose to receive a purchase voucher, spendable on the Site, with a value equivalent to the amount of the refund or reduction to which they are entitled.
The amount of the refund or reduction will be communicated to the user by e-mail and credited to the means or payment solution used by the user for the purchase. If the user has opted for a voucher instead of a refund or reduction, the voucher will be credited to the user's account and can be viewed by accessing the "Profile" section of the Site.
"WebsiteOwner" is not liable in the event of damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the manufacturer's instructions, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
12. CONVENTIONAL MANUFACTURER'S WARRANTY
The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ("Conventional Warranty"). The user may enforce such a warranty only against the manufacturer. The duration, the extension, including territorial extension, the conditions and methods of use, the types of damage/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer and are indicated in the so-called guarantee certificate contained in the Product's packaging.
The Conventional Guarantee is voluntary in nature and does not replace, limit or exclude the Legal Guarantee.
13. CONTESTS AND PRIZE OPERATIONS
"WebsiteOwner" may organise contests and sweepstakes reserved for users of the Site. The rules of each contest and/or prize operation will be available in the appropriate section of the Site.
In the event that the prizes consist of discount vouchers or equivalent forms, they may not be converted into money under any circumstances.
14. CUSTOMER SERVICE COMPLAINTS
14.1 It is possible to request information, send communications, ask for assistance or submit complaints, by contacting Customer Service in the following ways
- by completing and sending the form available in the Customer Service-Contact Us section of the Site;
By e-mail at
By telephone on the number:
14.2 "Website Owner" shall respond to complaints submitted within five working days of receipt thereof.
15. EXCLUSIVITY
Applicable law and place of jurisdiction; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
15.1 These General Terms and Conditions of Sale together with the information provided pursuant to Article 49 of the Consumer Code, before the user is bound by the contract, represent the entirety of the agreements between "WebsiteOwner" and users of the Site with respect to contracts concluded via the Site.
15.2 Contracts concluded between users of the Site and "WebsiteOwner" are governed by Italian law. This is without prejudice to the application to consumer users who do not have their usual place of residence in Italy of any more favourable and
mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities for communicating the same and the legal guarantee of conformity.
15.3 We remind you that in the case of consumer users, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be settled by the court of the place where the user resides or has elected domicile.
15.4 Pursuant to Article 141-sexies, Section 3 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), "WebsiteOwner" informs the user who qualifies as a consumer as defined in Art. 3(1)(a) of the Consumer Code that, in the event that he or she has submitted a complaint directly to WebsiteOwner, he or she is not entitled to a refund. a) of the Consumer Code, that in the event that he or she has submitted a complaint directly to "WebsiteOwner", as a result of which it has not been possible to resolve the dispute thus arising, "WebsiteOwner" will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions (cc. ADR bodies, as referred to in Art. 141-bis et seq. of the Consumer Code), stating whether or not it intends to use such bodies to resolve the dispute.
"WebsiteOwner" also informs the user who qualifies as a consumer under Article 3(1)(a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been set up. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
In any event, the consumer user's right to bring an action before the ordinary courts having jurisdiction over the dispute arising from these General Terms and Conditions of Sale remains unaffected, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code.
15.5 Users residing in a member state of the European Union other than Italy may also have access, for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
