Terms & Conditions
In the following conditions, "WebsiteOwner" means ANT45 of Calzificio Bonadei Srl
GENERAL TERMS AND CONDITIONS OF SALE
Effective from 01/01/2016.
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 commercial Partners affiliated with "WebsiteOwner" and by "WebsiteOwner" itself.
You can request any information and/or send communications and/or file complaints regarding sales, purchase orders, products, payments, and shipments by contacting the Customer Service of "WebsiteOwner" ("Customer Service"), using the methods described in art. 16.
1. SCOPE OF APPLICATION
1.1 The sale of products through the Site ("Products") constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, no. 70, containing the regulations on 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 modified at any time. Any changes and/or new conditions will be effective from the moment they are published in the "Terms of Sale" section of the Site. For this reason, users are encouraged to regularly access the Site and consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale. The applicable General Terms and Conditions of Sale are those in effect on the date the purchase order is sent.
The user is required to carefully read these General Terms and Conditions of Sale, which "WebsiteOwner" makes available in the "Terms of Sale" section of the Site and which may be stored and reproduced, as well as all other information that "WebsiteOwner" provides on the Site, both before and during the purchase process.
1.4 These General Terms of Sale apply only within the Italian territory. They do not govern the sale of products and/or the provision of services by parties other than "WebsiteOwner" who are present on the Site through links, banners, or other hyperlinks. Before conducting commercial transactions with such parties, it is necessary to verify their sales conditions. "WebsiteOwner" is not responsible for the provision of services and/or the sale of products by such parties. On websites accessible through such links, "WebsiteOwner" does not perform any control and/or monitoring. Therefore, "WebsiteOwner" is not responsible for the content of such sites nor for any errors and/or omissions and/or legal violations by them.
2. PURCHASES ON THE SITE
2.1 Access to sales made through the Site is reserved exclusively for users who are at least 18 years old and who are registered on the Site by creating a "WebsiteOwner" account.
2.2 Access to the offers on the Site is allowed both to users who are consumers, as defined by art. 3, co. 1, lett. a) of the Consumer Code, meaning natural persons who, in relation to the purchase of Products, act for purposes unrelated to any commercial, artisanal, entrepreneurial, or professional activity they may carry out, and to users who are not consumers under this definition.
2.3 Resellers, wholesalers, or generally all parties intending to purchase Products for resale purposes are not allowed to make purchases on the Site under any circumstances. Therefore, such parties are prohibited from registering on the Site and making purchases on the Site.
2.4 "WebsiteOwner" reserves the right to refuse or cancel orders coming from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these General Terms of Sale and/or the conditions and/or terms of a purchase contract with "WebsiteOwner"; (iii) a user who has been involved in any type of fraud, particularly credit card payment fraud; (iv) users who have provided false, incomplete, or otherwise inaccurate identification data or who have not promptly sent "WebsiteOwner" the documents requested under the procedure referred to in art. 9.3 below or who have sent invalid documents; (v) users who do not provide sufficient solvency guarantees.
3. SITE REGISTRATION
3.1 Registration on the Site is free. To register on the Site, the user must fill out the registration form, entering their first name, last name, and an email address. Registration will be confirmed via email to the user who, to complete the registration process, must click on the appropriate link contained in the received communication and enter the password indicated in the same email.
3.2 Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user agrees to keep them confidential and ensure that no one else has access to them, as well as to promptly inform "WebsiteOwner" by contacting it as indicated in art. 16, in case of suspected misuse and/or disclosure. The user guarantees that the personal information provided during the Site registration process is complete and truthful. Each user is allowed to register on the Site only once. Multiple registrations by the same user are prohibited. If "WebsiteOwner" detects that the same user has made multiple registrations on the Site, "WebsiteOwner" reserves the right to immediately block the related account without prior notice. The user agrees to hold "WebsiteOwner" harmless from any damage, compensation obligation, and/or penalty arising from and/or in any way related to the user's violation of the Site registration rules or the safeguarding of registration credentials.
4. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT
4.1 In accordance with Legislative Decree 9 April 2003, no. 70 containing provisions on electronic commerce, "WebsiteOwner" informs the user that:
- to conclude the purchase contract for one or more Products on the Site, the user must fill out an electronic order form and submit it to "WebsiteOwner" electronically, following the instructions that will appear on the Site at each step of the purchase process;
- the contract is concluded when the order form reaches the server of "WebsiteOwner";
- before proceeding with the submission of the order form, the user can identify and correct any data entry errors by following the instructions provided on the Site at each step of the purchase process;
- once the order form has been recorded and payment authorization for the total amount due has been received, "WebsiteOwner" will send the user an order confirmation via email to the provided email address, containing a summary of the General Terms and Conditions of Sale and the specific conditions applicable to the contract, information about the purchased Product’s features, detailed indication of the price, the payment method used, information on the right of withdrawal, delivery costs and any additional charges, and Customer Service contacts to request assistance and/or file complaints. It is recommended to keep the received email as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the standard withdrawal instructions and the standard withdrawal form referred to in art. 10, will be attached to the shipment confirmation email referred to in art. 8.4 below;
- the order form will be stored in "WebsiteOwner"'s database for the time necessary to process the order and, in any case, within the legal terms.
4.2 The languages available to users for concluding the contract are Italian and English. Customer Service is able to communicate with users in these same languages.
5.PRICES
5.1 All Product prices are expressed in Euro (€) and include Value Added Tax ("VAT") and, where applicable, the WEEE contribution. Shipping costs and any other additional charges, including VAT and expressed in Euro (€), will be clearly and separately indicated in the order form before the user submits it, as well as in the order confirmation email.
5.2 The price of the Products may be changed by "WebsiteOwner" at any time, without notice, provided that the price charged to the user will be the one published on the product information sheet that describes the main features of the Product ("Product Sheet") at the time the order is placed. Any price changes (increases or decreases) after the order has been submitted will not be taken into account.
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 "WebsiteOwner" will process the purchase order and ship the purchased Product only after receiving confirmation of authorization for payment of the total amount due, consisting of the purchase price, delivery charges if applicable, and any other additional costs as indicated in the order form ("Total Amount Due"). If the Total Amount Due is not paid or payment authorization is not confirmed, the purchase contract will be considered automatically terminated pursuant to and for the effects of article 1456 of the Italian Civil Code. The user will be immediately notified of this termination and the consequent cancellation of the order via the Site after submitting the order.
6.2 The Products will remain the property of "WebsiteOwner" partners until full payment of the Total Amount Due by the user. The risk of loss or damage to the Products, for reasons not attributable to "WebsiteOwner," will transfer to the user when the user, or a third party designated by the user and different from the carrier, physically takes possession of the Products.
6.3 The Products offered on the Site are the items (for example: clothing, footwear, accessories - e.g., costume jewelry, watches, glasses, small leather goods, etc.) available on the Site at the time the user places the order.
6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or devices used by users to view them. The Product images on the Product Sheet may also differ in size or in relation to any accessory products. Therefore, these images should be considered indicative and subject to normal tolerances. For the purposes of the purchase contract, the Product description contained in the order form submitted by the user shall prevail.
7. PRODUCT AVAILABILITY
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the purchase order has been submitted. The assortment present on the "WebsiteOwner" site reflects the exact availability of each item by size and color. The site is in fact connected to all the stores and all the warehouses of "WebsiteOwner" partners. As an authorized reseller of all the brands present on the site, "WebsiteOwner" guarantees the authenticity of each item. Once the order request is received, the Orders department of "WebsiteOwner" reserves the right to reconfirm the availability of the purchased items, the validity of the credit card transaction, and to verify the details of previous transactions made by the Customer on the WEBSITE site.
7.2 In any case of unavailability of the ordered Product, 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, the user will be promptly informed by e-mail. The user will then be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the effects of the provisions of art. 61, paragraphs IV and V, of the Consumer Code. In the event that the user exercises the right of termination pursuant to art. 61, paragraphs IV and V, Consumer Code or in any case where the payment of the total amount due has already been made, "WebsiteOwner", without prejudice to the user's right to compensation for damages, will refund such amount without undue delay and, in any case, within a maximum period of 15 working days from the order submission. The refund amount will be communicated to the user via e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in the credit 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. In addition to the above, in case of unavailability of the ordered Product, "WebsiteOwner" will provide the user with a 10% discount voucher applicable to the next purchase made on the WEBSITE site.
7.3 In the case of orders involving multiple Products ("Multiple Order"), if the subsequent unavailability concerns only some of the Products in 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 subsequent unavailability concerns all the Products in the order) "WebsiteOwner" will immediately notify the user by email. 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 for the effects of art. 61, paragraphs IV and V, of the Consumer Code. If the user exercises the right of termination under art. 61, paragraphs IV and V, Consumer Code, in relation to the Product(s) that have become unavailable or in any case where the full payment has already been made, "WebsiteOwner," without prejudice to the user's right to compensation for damages, will refund the amount due for such Product(s) within a maximum of 15 working days from the order dispatch. The refund amount will be communicated to the user via email. This amount will be credited to the same payment method 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 will be the same as the debit date. Termination of the entire Multiple Order will only be possible in the case of clear and proven accessory nature of the unavailable Products in relation to the other available Products in the Multiple Order.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 Delivery is subject to a fee. Delivery charges are the responsibility of the user, unless otherwise indicated during the purchase process and/or in other parts of the Site. The amount of delivery charges payable by the user for a specific order is expressly and separately indicated (in Euro and including VAT) during the purchase process, in the order summary, and in any case before the user proceeds to submit the order. The indication of these costs will also appear in the "Profile - My Orders" section of the Site and in the order confirmation. An additional charge may be required for delivery in certain areas. This cost will be specifically indicated during the purchase procedure and, in any case, before its completion, as well as in the order summary. Delivery times will be specifically indicated during the purchase procedure and in the order summary, and in any case before the user submits 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, in addition to the delivery area, the delivery method chosen by the user. In the absence of a specific delivery time indication, delivery will in any case take place within thirty days from the date of contract conclusion.
8.2 The delivery obligation is fulfilled by transferring the physical availability or control of the Products to the user. It is the user's responsibility to check the condition of the Product delivered/collected. Provided that the risk of loss or damage to the Products, for reasons not attributable to "WebsiteOwner," transfers to the user when the user, or a third party designated by them and different from the carrier, physically takes possession of the Product, the user is advised to verify the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials, and is encouraged, in their interest, to note any anomalies on the carrier's transport document, accepting the package with reservation. Receiving the Products without reservation does not allow the user to take legal action against the carrier in case of loss or damage to the Products, except where the loss or damage is due to the carrier's willful misconduct or gross negligence, and except for partial loss or damage not recognizable 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. If the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the application of the rules regarding the right of withdrawal and legal warranty of conformity remains unaffected.
8.3 The Products purchased on the Site will be sent and delivered to the address provided by the user at the time of order. Home Delivery will be carried out, unless otherwise indicated, via the MBE courier from Monday to Friday, during normal office hours (from 9:00 AM to 6:00 PM), excluding national holidays. "WebsiteOwner" reserves the right to use other carriers, provided that the delivery method chosen by the user and the indicated delivery times are respected. Shipments within Italy, San Marino, and Vatican City are made via UPS or TNT courier, while shipments outside these territories are made via UPS or DHL courier. Any customs duties and import taxes are always the responsibility of the customer, as these cannot be predicted in advance and vary depending on the destination location.
8.4 At the time of delivery of the Products to the courier, a shipping confirmation email will be sent to the user indicating the tracking number through which they can check the status of the shipment. This email will also contain instructions regarding the delivery procedure, the deadline for pickup in case of failed delivery due to the recipient's absence, and the consequences of not picking up within the indicated timeframe.
8.5 The user acknowledges that collecting the Product is their specific obligation arising from the purchase contract. In case of failed delivery due to the recipient's absence at the address specified in the order form, the courier will leave a card to certify the delivery attempt (so-called delivery notice). The card will indicate the phone number the user must contact to request a second delivery attempt by the courier. After two unsuccessful delivery attempts, the package will be placed in "storage." As soon as the package goes into "storage," Customer Service will contact the user to unlock the storage and ensure the package is delivered as soon as possible. If necessary, Customer Service may agree with the user to change the delivery address. If the delivery attempt following Customer Service contact also fails or if the user does not respond to Customer Service's contact attempt, the package will be returned to "WebsiteOwner," and the user will be notified of this circumstance via email. The user acknowledges that, after thirty (30) days from when the package is returned to "WebsiteOwner," the contract may be considered terminated and the purchase order canceled pursuant to article 1456 of the civil code. Once the contract is terminated, "WebsiteOwner" will refund the total amount due, if already paid by the user, minus the costs of the unsuccessful Product delivery, the return shipping costs to WEBSITE OWNER, and any other expenses incurred by "WebsiteOwner" due to the failed delivery caused by the recipient's absence. The contract termination and refund amount will be communicated to the user via email. The refund amount will be credited to the payment method or solution 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 will be the same as the debit date. If, before the thirty days mentioned above elapse, the user requests to receive the purchased Product again, "WebsiteOwner" will proceed with the new delivery, charging the delivery costs, the return shipping costs to "WebsiteOwner," and storage fees.
8.6 If the purchased Product is not delivered or is delivered late compared to the delivery times indicated during the purchase process and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites "WebsiteOwner" to make the delivery within an additional period appropriate to the circumstances (Additional Term under art. 61, III paragraph, Consumer Code). If this additional term expires without the Products being delivered, the user is entitled to terminate the contract (Contract Termination under art. 61, III paragraph, Consumer Code), without prejudice to the right to compensation for damages. The user is not obliged to grant "WebsiteOwner" the Additional Term under art. 61, III paragraph, Consumer Code (Excluded Cases) if:
a) "WebsiteOwner" expressly refused to deliver the Products;
b) compliance with the delivery time indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances surrounding the conclusion of the contract;
c) the user informed "WebsiteOwner", before concluding the contract, that delivery by or on a specific date is essential.
In Excluded Cases, if the user does not receive the Products within the delivery time indicated during the purchase process and in the order confirmation, they are entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (Contract Termination in Excluded Cases).
The indication of the Additional Term under art. 61, III, Consumer Code and the communication of Contract Termination under art. 61, III paragraph, Consumer Code or Contract Termination in Excluded Cases must be communicated by the user to "WebsiteOwner" at the addresses referred to in art. 16 below.
In the case of Contract Termination under art. 61, III paragraph, Consumer Code or Termination in Excluded Cases, "WebsiteOwner" will refund the total amount due to the user without undue delay.
8.7 In all cases referred to in art. 8.6 above where a refund is due to the user, the refund amount will be communicated to the user by email. It will be credited to the same payment method used by the user for the purchase. Any 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 DELIVERY TIMES FROM THE SHIPPING DATE:
Italy: 1-2 days
Europe: 1-3 days for main destinations / 2 - 4 days for remote destinations
USA and Canada: 4-8 days depending on destinations
Latin America: 4 - 8 days
Asia and Middle East: 2 - 4 days
Australia and Oceania: 2 - 4 days for main destinations / 4 - 5 days for remote destinations
Africa: 2 - 4 days
"WebsiteOwner" is not responsible for any delays due to customs operations and controls, or due to force majeure causes beyond the control of "WebsiteOwner".
9. PAYMENT METHODS AND PROMOTIONAL CODES
9.1 Payment for Products can be made by credit card, PayPal payment solution, or bank transfer. If any of these payment methods/solutions cannot be used for 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 protected electronic banking system provided by Gruppo Veneto Banca or Banca Sella. Purchases can be made using Visa, Mastercard, American Express, and JCB.
9.2 The commercial invoice will be automatically issued for every purchase. At the time of the first purchase, the user will be asked to provide the data for the invoice header, including the tax code. They may subsequently modify this data. The information provided by the user will be used for issuing the invoice, and the user declares and guarantees that it is true, undertaking to hold "WebsiteOwner" harmless and indemnified from any damage, including penalties issued by competent authorities, that may arise in case of false information.
9.3 To ensure the security of payments made on the Site and to prevent potential fraud, "WebsiteOwner" reserves the right to request the user, via email, to send, through the same means, a front/back copy of their identity card and, if the order holder is different from the cardholder, the identity card of the latter. The document must be valid. The request email will specify the deadline by which the document must be received by "WebsiteOwner". This deadline will not exceed 5 working days from the receipt of the request by the user. While awaiting the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.4 If "WebsiteOwner" does not receive such documents within the deadline specified in the request email or receives expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 of the Civil Code and the order consequently canceled, without prejudice to "WebsiteOwner"'s right to compensation for any damage it may have incurred due to the user's non-compliant behavior. The termination of the contract, of which the user will be notified by email, within no more than 5 working days from the expiry of the deadline for sending the documents requested by "WebsiteOwner", will result in the cancellation of the order, with the consequent refund of the Total Amount Due, according to the methods and timing referred to in art. 7.2 above.
9.5 In the event that "WebsiteOwner" receives valid documentation within the deadline indicated in the email referred to in art. 9.3 above, the delivery terms will start from the date of receipt of the same.
9.6 By choosing the Paypal payment method, the customer can pay directly through their Paypal account. "WebsiteOwner" reserves the right to ship the goods only to the address indicated on the Paypal verified account. We would like to remind our new customers that "WebsiteOwner" may request the Bank or Paypal to verify the transaction, including contacting the counterpart bank. This verification may cause some delay in the shipment 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 cart during the purchase process. Each code has a start and end validity date, and this time limit cannot be extended in any way. Promotional codes can be used together with vouchers and coupons issued in case of open credits.
10. RIGHT OF WITHDRAWAL
10.1 The user who qualifies as a consumer has the right to withdraw from the contract concluded with "WebsiteOwner", without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period).
THE ORDER MUST THEREFORE BE RETURNED IN THE MANNER INDICATED BY "WebsiteOwner" WITHIN AND 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 relating to a single Product, from the day the user or a third party, other than the carrier and designated by the user, takes physical possession of the Product;
b) in the case of a Multiple Order with separate deliveries, from the day the user or a third party, other than the carrier and designated by the user, takes physical possession of the last Product; or
c) in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day the user or a third party, other than the carrier and designated by the user, takes physical possession of the last batch 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 end of the Withdrawal Period. To this end, the customer must communicate to "WebsiteOwner" via email their intention to exercise their right of withdrawal by providing the order number. Once the procedure is completed, "WebsiteOwner" will send a confirmation via email, containing the return waybill and instructions to follow for returning the goods.
10.3 The user has exercised their right of withdrawal within the Withdrawal Period if the product is returned to "WebsiteOwner" in the manner indicated by them within and no later than 14 working days.
10.4 After exercising the right of withdrawal as indicated in articles 10.2 and 10.3 above, the user must return the Product to "WebsiteOwner" using the carrier indicated in the email sent by "WebsiteOwner". The Order Number subject to the Return must be written on the waybill, which must be completed as indicated in the authorization email received from the "WebsiteOwner" Returns department. (The letter will be sent by email or may already be included 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 indicated during free return promotional periods. The return of 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 for the return of 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"'s warehouses and the items are inspected. The refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not bear any cost as a result of such refund.
The security seal on the items being returned must not be cut or broken. The garments must not have been worn, washed, or altered and must show no signs of use. Each garment must be returned with all original tags, packaging, and accessories (Dustbags, hangers, garment covers, etc.) received with the order. All socks and accessories must be returned with their original box, which is considered an integral part of the product and must not have been damaged and/or altered in any way, nor used as the sole external packaging. Returns must be shipped inside the "WebsiteOwner" box.
10.6 "WebsiteOwner" reserves the right to request photographic evidence before authorizing returns for defective goods and will cover the shipping costs for the return of the goods to its premises.
10.7 The user is only responsible for the decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be stored, handled, and inspected with normal diligence and returned intact, complete in every part, fully functional, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the single-use seal, if present, still attached to the Product and intact and unaltered, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product as a whole. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
10.8 In the event that the withdrawal is not exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle any refund. "WebsiteOwner" will notify the user within 5 working days of receiving the Product, rejecting the withdrawal request. The Product, if already received by "WebsiteOwner," will remain at "WebsiteOwner" at the user's disposal for collection, which must be done at the user's expense and under their responsibility.
10.9 If the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling the item other than what is necessary to establish the nature, characteristics, and functioning of the Product, the refund amount will be reduced by an amount equal to that decrease in value. "WebsiteOwner" will notify the user of this circumstance and the resulting reduced refund amount within 5 working days of receiving 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 decrease in value of the Product.
10.10 In cases where, under the law, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated in the Product Sheet and, in any case, during the purchase process, before the user proceeds with submitting the order. Users are reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other cases, when the sale concerns:
(i) products packaged to measure or clearly customized;
(ii) products that risk deteriorating or expiring quickly.
11. LEGAL WARRANTY OF CONFORMITY
All Products sold on the Website are covered by the Legal Warranty of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Warranty").
WHO IT APPLIES TO
The Legal Warranty is reserved for consumers. Therefore, it applies only to users who made the purchase on the Website for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out. Those who purchased on the Website and do not qualify as consumers will be subject to the warranties for defects of the sold item, the warranty for promised and essential quality defects, and other warranties provided by the civil code with the related terms, forfeitures, and limitations.
WHEN IT APPLIES
The seller (and, therefore, regarding purchases made on the Website, WEBSITE) is responsible to the consumer for any conformity defect existing at the time of delivery of the Product and that appears within two years of such delivery. The conformity defect must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.
Unless proven otherwise, it is presumed that conformity defects that appear within six months of delivery of the Product already existed at that time, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. From the seventh month after delivery of the Product, it will be the consumer's responsibility to prove that the conformity defect already existed at the time of delivery.
To benefit from the Legal Warranty, the user must first provide proof of the purchase date and delivery of the good. It is therefore advisable that the user, for this purpose, keep the purchase invoice sent by "WebsiteOwner" or any other document that can prove the date of purchase (for example, the credit card statement) and the delivery date.
WHAT IS A NON-CONFORMITY DEFECT
There is a non-conformity defect when the purchased good:
- it is not suitable for the use for which goods of the same type are normally used;
- it does not conform to the description made by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
- it does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also considering statements made in advertising or labeling;
- it is not suitable for the particular use intended by the consumer and which was brought to the seller's attention at the time of contract conclusion and accepted by the seller.
Therefore, any faults, malfunctions, or other defects caused by accidental events or the user's responsibility, or by use of the Product not in accordance with its intended purpose and/or as provided in the documentation attached to the Product, if any, or in the related usage instructions, are excluded from the scope of the Legal Warranty.
REMEDIES AVAILABLE TO THE USER
In case of a duly reported non-conformity defect within the terms, the user is entitled to:
- primarily, to free repair or replacement of the good, at the consumer's choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other and, therefore, in the specific case, considering the type of sale, to replacement, where this is possible in relation to the number of units still available for sale;
- secondarily (that is, if repair or replacement is impossible or excessively burdensome, or if repair or replacement has not been carried out within a reasonable time, or if previous repair or replacement caused significant inconvenience to the consumer) to a price reduction or contract termination, at the consumer's choice.
The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to alternative remedies that can be pursued, taking into account (i) the value the good would have if the non-conformity defect did not exist; (ii) the extent of the non-conformity defect; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.
WHAT TO DO IN CASE OF A NON-CONFORMITY DEFECT
If a Product purchased on the Site, during the validity period of the Legal Warranty, shows what could be a conformity defect, the user must contact Customer Service, at the contacts and in the manner indicated in art. 16. "WebsiteOwner" will promptly respond to the notification of the alleged conformity defect and will indicate to the user the specific procedure to follow, also to agree on the shipping methods of the goods, taking into account the product category to which the Product belongs and/or the reported defect.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY
In case of contract termination, "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 case of a price reduction, "WebsiteOwner" will refund the amount of the reduction, previously agreed with the user. Alternatively, the user may choose to receive a purchase voucher, redeemable on the Site, of equivalent value to the refund or, respectively, the reduction to which they are entitled.
The amount of the refund or reduction will be communicated to the user via email and credited to the payment method or solution used by the user for the purchase. If the user has chosen a purchase voucher instead of a refund or reduction, the purchase voucher will be credited to the user's account and can be viewed by accessing the "Profile" section of the Site.
"WebsiteOwner" is not responsible for any damages, of any kind, resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, as well as for damages resulting from fortuitous events or force majeure.
12. MANUFACTURER'S CONVENTIONAL WARRANTY
Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ("Conventional Warranty"). The user can enforce this warranty only against the manufacturer. The duration, scope, including territorial, conditions and methods of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer and are indicated in the so-called warranty certificate contained in the Product packaging.
The Conventional Warranty is voluntary in nature and does not replace, limit, prejudice, or exclude the Legal Warranty.
13. CONTESTS AND PRIZE OPERATIONS
"WebsiteOwner" may organize contests and prize operations reserved for Site users. The rules of each contest and/or prize operation will be available in the dedicated section of the Site.
If the rewards consist of discount vouchers or equivalent forms, they may in no case be converted into cash.
14. CUSTOMER SERVICE COMPLAINTS
14.1 It is possible to request information, send communications, request assistance, or file complaints by contacting Customer Service using the following methods:
- by filling out and sending the form available in the Customer Service-Contact Us section of the Site;
By email at the address
By phone at the number:
14.2 "Website Owner" will respond to complaints submitted within five working days of receipt.
15. EXHAUSTIVENESS
Applicable law and jurisdiction; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution
15.1 These General Terms and Conditions of Sale, together with the information provided pursuant to art. 49 of the Consumer Code, before the user is bound by the contract, represent the entirety of the agreements between "WebsiteOwner" and the Site users concerning contracts concluded through the Site.
15.2 Contracts concluded between the Site users and "WebsiteOwner" are governed by Italian law. The application of potentially more favorable and mandatory provisions of the law of the country where consumer users have their habitual residence is reserved, particularly regarding the deadline for exercising the right of withdrawal, the deadline for returning Products in case of exercising such right, the methods and formalities of communicating the same, and the legal warranty of conformity.
15.3 It is reminded that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the court of the place where the user resides or has chosen domicile shall have jurisdiction.
15.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, No. 206 (Consumer Code), "WebsiteOwner" informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that, if they have submitted a complaint directly to "WebsiteOwner" and it has not been possible to resolve the resulting dispute, "WebsiteOwner" will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (the so-called ADR bodies, as indicated in arts. 141-bis et seq. of the Consumer Code), specifying whether it intends to use such bodies to resolve the dispute.
"WebsiteOwner" also informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for online dispute resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.
In any case, the consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court is reserved, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations through the procedures referred to in Part V, Title II-bis of the Consumer Code.
15.5 The user residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims disputes by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
