TERMS AND CONDITIONS OF SALE
ARTICLE 1 DEFINITIONS
For the purposes of this contract, the following definitions shall apply:
Seller: D’Arienzo Srl with registered office in Solofra (AV) 83029, Viale Principe Amedeo n. 13, VAT number 02365700646 email: firstname.lastname@example.org
Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationships between the Seller and the Customer.
Website: the website darienzo.us.com
Users: any person who accesses the Site and continues its navigation.
Customer: any person who buys the products sold through the Site.
Consumer: any person acting for purposes other than professional activities
Products: retail, under electronic commerce, mainly clothing, fashion accessories, leather accessories.
Purchase order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Cart.
Purchase: the costly purchase of the above products from the date of conclusion of the purchase.
Cart: the stage of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and similar.
Electronic commerce: a particular method of commerce, governed in Italy by the Consumer Code and the Decree of electronic commerce, whereby the two contracting parties conclude the distance contract thanks to the services of the information society without their physical and simultaneous presence. Due to the distance, the delivery of the products is not contextual and usually takes place by means of shipment via third party operators (couriers/shippers).
ARTICLE 2 SUBJECT MATTER
These Terms and Conditions of Sale concern the products referred to in art. 3 below and are valid between the Seller and any User who makes, as a Consumer in accordance with current regulations, a purchase on the Site. If any of the conditions prove to be void or ineffective, any nullity or ineffective shall not extend to the remaining clauses of these Terms and Conditions.
ARTICLE 3 DESCRIPTION OF THE PRODUCTS
The Site deals with retail, under electronic commerce, mainly clothing, fashion accessories, leather accessories, leather goods, men, women and children. All the products offered are described and illustrated on the Site, in the respective sections. The images of the Products on the Site have demonstration and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic/photographic representation of the Product and the Real Product. The photographs of the Products presented on the Site do not therefore constitute a contractual element, since they are merely and symbolically representative of the Product sold. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant.
ARTICLE 4 PRICES AND ANCILLARY EXPENSES
The prices of the Products are shown in euros. In particular, in the cart you will find in detail:
— the price of the Product
— any other costs, charges, if due
— delivery costs
— the supplement in case of marking
The prices of the online shop may vary.
In such cases, the prices published at the time of the Order on the online shop are considered.
ARTICLE 5 REGISTRATION
In order to make purchases at the Store of the Site, the User can make a special registration, through which to enter his personal data and specify the type. In the case of registration, at the time of entering the data, the User guarantees to:
— be of legal age and capable;
— possess the own requirements for registration required at the time of registration;
— comply with all legal and contractual rules applicable to these Terms and Conditions;
— to be the legitimate owner of the data entered, to be understood as true, correct and updated.
Registration coincides with the opening of an account. In its reserved area, the User, among other things, can enter and change the shipping address, see the order history, the history of returns, any vouchers.
The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. In this case you will be required to leave the information strictly necessary for the purchase and delivery of the Products. It is forbidden to use temporary emails for registration. All data transmitted will be processed in full compliance with the legislation on the protection of privacy. The Seller will use them exclusively to complete the Orders and only if explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ARTICLE 6 PROCEDURE FOR THE PURCHASE AND CONCLUSION OF THE SALE
The applicable Terms and Conditions are those in force at the time of the Order and can be found on the Site. The contract between the Seller and the Customer shall be deemed to have been concluded with the Seller’s acceptance of the Order. Acceptance of the Order will be communicated by the Seller to the Customer by email, sent to the e-mail address communicated during the placing of the Order. The Seller reserves the right to evaluate the acceptance of the orders received and may refuse or in any case not proceed to purchase orders that are incomplete or incorrect, or in case of unavailability of the Products or that involve the delivery of the Products ordered in some disadvantaged geographical areas. The Seller will inform the Customer of any impossibility to accept the orders received in the shortest possible time from the moment the Customer has sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an Order by the Seller is excluded.
ARTICLE 7 METHODS OF PAYMENT
The payment methods available on the Site are as follows:
1) Payment by Bank Transfer
In this case the Order is deemed to have been completed when the Seller receives the actual credit to his bank account, which must take place within 2/3 working days of its execution. After this deadline, the Order will be deemed automatically canceled. The sending of the order will take place only when the amount due to the Seller’s c/c is actually credited.
The bank transfer must indicate the reason, name and surname of the Customer and the order number.
If the Customer chooses to pay via the PayPal platform, at the time of payment, his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account in an easy and immediate way. PayPal protects the buyer’s information as no financial information is passed. A confirmation email from PayPal will be sent to you every transaction with this method. The amount of the order is debited from the PayPal account when the order is acquired. In case of cancellation, the amount is refunded to the Customer’s PayPal account.
3) Credit card
If the Customer chooses to pay by credit card, the amount is charged directly to the same (Visa, Visa Electron, MasterCard). The Customer’s information is confidential as no financial information is stored. A confirmation email will be sent to each transaction performed.
4) Cash on delivery – available only in Italy
The Customer can pay his Order by cash on delivery directly to the courier when the purchased Product is delivered. This method of payment includes a surcharge of a fee that will be indicated by the Seller. At the time of delivery of the Product, the Customer will pay the total Order directly to the courier.
The Participant can pay his Order by opening an account and using his credit card on Scalapay platform that allows to divide the amount in 3 sums, without interest and with a monthly maturity.
ARTICLE 8 ORDER FULFILLMENT, SHIPPING TIME AND DELIVERY OF THE PRODUCT
The Order is usually processed, in Italy, within 48 hours of receipt of the same, unless specifically indicated on some products to be made on commission and which are indicated on the site. The Seller will deliver the Products purchased by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. Products shipped to Italy are indicatively delivered within 1-3 working days except for disadvantaged areas, islands, public holidays and national holidays. The above delivery terms are purely indicative and not essential. Any variation to the above will be communicated promptly by e-mail to the Customer.
The cost of shipments may be free of charge for orders above certain thresholds indicated by the Seller on the website.
At the time of shipment of the package, the tracking number will be sent by email that will allow you to follow the entire route of the shipment going to the carrier’s Site. The Customer must check that the packaging is intact and clean and that the Products received correspond to what has been purchased. In the event that a product arrives that has been damaged during transport or other than the one ordered, the Customer must accurately document with a photograph the steps of the unpacking of the goods, in order to be able to prove any damage or the wrong Product. The Customer may request the Seller by email for the replacement and the Seller will return the correct product or refund the price and collect at the Customer’s home and at his expense the product to be replaced or withdrawn. The Customer will only have to prepare the goods for the carefully packed and complete collection of all its parts, including transport documents.
ARTICLE 9 RIGHT OF WITHDRAWAL
All purchases made by the Consumer Customer on the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the product purchased and to obtain the reimbursement of the expense incurred. To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to inform the Seller that they wish to withdraw in whole or in part from the purchase by any express declaration to this effect, such as e-mail or form prepared by the Seller. The Seller can collect the product from customer at the expense of the customer or the customer can ship the product back to the seller address. The Customer will only have to prepare the goods for the carefully packed and complete collection of all its parts, including transport documents. Upon receipt of the goods, once the integrity of the returned product has been verified, the seller will refund the price net of the original shipping costs. The supplement paid for the purchase with cash on delivery is excluded from the refund.
Without prejudice to the above, please note that the Customer is responsible for the decrease in the value of the Products resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.
The Customer expressly acknowledges and accepts that:
— the right of withdrawal does not apply to products received by more than 15 working days.
— the right of withdrawal cannot be exercised in case the purchased products have been used, even partially assembled, or modified the packaging as it must be closed exactly as received. In this case, the Customer will be required to pay the costs for the return of the non-compliant goods.
ARTICLE 10 LEGAL GUARANTEE
In case of receipt of non-conforming or defective Products, the Consumer Customer has the right to the legal warranty of 24 (twenty-four) months. In the event of receipt of non-conforming or defective Products, the Customer must notify the Seller by e-mail within 2 months of the discovery of the lack of conformity, attaching a photograph stating the defects found. The Consumer is entitled to the restoration, free of charge, of the conformity of the goods by repair or replacement, or to an adequate reduction in the price unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
One of the two remedies should be considered excessively burdensome if it imposes unreasonable costs on the Seller compared to the other, taking into account:
a) the value which the goods would have if there were no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be tried without significant inconvenience to the Consumer.
The Consumer may request, at his choice, a reasonable price reduction or termination of the contract where one of the following situations occurs:
a) repair and replacement are impossible or excessively burdensome;
b) the seller has not repaired or replaced the goods within a reasonable period of time;
c) the previously carried out replacement or repair has caused considerable inconvenience to the Consumer.
In determining the amount of the reduction or the amount to be repaid, the use of the goods shall be taken into account.
After reporting the lack of conformity, the seller may offer the Consumer any other available remedy, with the following effects:
a) where the consumer has already applied for a specific remedy, the seller shall remain obliged to implement it, with the necessary consequences as to the start of the appropriate period, unless the consumer accepts the alternative remedy proposed;
b) if the consumer has not already requested a specific remedy, the Consumer must either accept the proposal or reject it by choosing another remedy.
A minor lack of conformity for which it has not been possible or is excessively burdensome to seek remedies for repair or replacement does not give rise to the right to terminate the contract.
ARTICLE 11 CONVENTIONAL GUARANTEE
Within 30 days of delivery, the Customer can decide to replace the product or can be refunded. After receiving the customer’s report, in case of a replacement request, the availability of the ordered product will be verified and it will be proceeded with its replacement. If this is not possible, because the product is no longer available, the Customer can choose whether to replace it with equivalent products or request the return of the amount paid. In this case, the Seller will collect the product to be replaced at the Customer’s home and at his expense and return the correct product. The Customer will only have to prepare the goods for the carefully packed and complete collection of all its parts, including transport documents. The refund will take place in the same payment methods as the Customer.
ARTICLE 12 FORCE MAJEURE
The Seller assumes no responsibility for disruptions due to force majeure that prevented, in whole or in part, from performing the contract on time. The Seller is not liable to the Customers for any damages, losses and costs incurred as a result of the failure or delay in performance of the contract, having the Customer only entitled to the refund of the price paid.
In case of force majeure the execution of the Order will be suspended. This suspension may last for a maximum period of 1 month, after which the Order will be automatically canceled.
ARTICLE 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), trademark, domain name, photographs and all intellectual and industrial property rights related to them, are the exclusive property of the Seller, are reserved to it and are not transferred or licensed under any circumstances to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, also transmit to other websites, transfer or otherwise make available to third parties for any reason or otherwise use the Sites and/or Contents of the Site for any purpose other than the storage and/or consultation of the Site, without the express and formal prior approval of the Seller.
ARTICLE 14 FAILURE TO EXERCISE A RIGHT
Failure by the Seller to exercise a right shall not constitute any waiver of action against the Customer or against third parties for breach of commitments made. The Seller therefore reserves the right to assert his rights in any case, within the terms granted.
ARTICLE 15 PROCESSING OF PERSONAL DATA (PRIVACY)
ARTICLE 16 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law. Any dispute arising in relation to the validity, interpretation, execution and termination between contracts concluded online by the Consumer Customer with the Seller shall be the exclusive jurisdiction of the Court of the Consumer’s place of residence (so-called consumer forum).
ARTICLE 17 DISPUTE RESOLUTION
In accordance with Article 49(1)(V) of Legislative Decree No 206/2005 (Consumer Code), the Consumer Customer may use the Joint Conciliation Procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may lodge a complaint through the ODR platform of the European Union. For more information contact the Seller.
ARTICLE 18 COMMUNICATIONS
For further information of any kind, please contact the Seller at the following contact details: email@example.com
Pursuant to art. 1341 and 1342 of the Civil Code, the Customer declares to have read carefully and accepted all the clauses of these Terms and Conditions of Sale and in particular those of articles 6, 9, 10, 12, 13 and 16.