In the following conditions "WebsiteOwner" means "BCD SRL"
.Effective as of 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").
Products and/or services purchased on the Site are offered and sold by Business Partners affiliated with "WebsiteOwner" and by "WebsiteOwner"
You may request any information and/or send notices and/or make complaints regarding sales, purchase orders, products, payments, and shipments by contacting "WebsiteOwner" Customer Service ("Customer Service"), in the manner set forth in Article 16.
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 September 6, 2005, no. 206 ("Consumer Code") and Legislative Decree April 9, 2003, no. 70, 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 amendments and/or new conditions will be in force from the moment of their publication in the "Terms and Conditions of Sale" section of the Site. For this reason, users are encouraged 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 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 to him in the "Terms and Conditions of Sale" section of the Site and which he is allowed 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 are applicable to the Italian 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 through links, banners or other hypertext links. You should check their terms and conditions of sale before conducting business transactions with such parties. "WebsiteOwner" is not responsible for the provision of services and/or sale of products by such parties. On the websites accessible through such links "WebsiteOwner" does not perform any control and/or monitoring. "WebsiteOwner" is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law by them.
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 with 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 those natural persons who, in connection with the purchase of the Products, are acting for purposes unrelated to any commercial, artisanal, entrepreneurial or professional activity carried on, as well as users who are not consumers within the meaning of that definition.
2.3 Under no circumstances may resellers or wholesalers or, in general, any person who intends to purchase the Products for the purpose of subsequent resale, make purchases on the Site. It is, therefore, prohibited for such persons to register with the Site and make purchases on the Site.
2.4 "WebsiteOwner" reserves the right to refuse or cancel orders that come (i) from a user with whom it has a pending legal dispute; (ii) from a user who has previously violated these Terms and Conditions 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 and, in particular, in fraud relating to credit card payments; (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 it as part of the procedure under Art. 9.3 below or who have sent it invalid documents; (v) by users who do not give sufficient guarantees of solvency.
3.1 Registration to the Site is free of charge. To register to the Site the user must fill out the registration form, entering the first name, last name, an e-mail address. Registration will be confirmed by e-mail to the user, who, in order to complete the registration process, must click in the appropriate link contained in the communication received by entering 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 transferred to third parties. The user agrees to keep them secret and ensure that no one has access to them, as well as to inform "WebsiteOwner" without delay by contacting it as stated in Article 16, in case of suspected misuse and/or disclosure of them. The user warrants that the personal information provided during the registration process on the Website is complete and true. Each user is allowed to register on the Site only once. It is prohibited for the same user to make multiple registrations. In the event that "WebsiteOwner" detects 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 hold "WebsiteOwner" harmless from any damages, compensatory obligations and/or penalties arising out of and/or in any way related to the user's violation of the rules on Site registration or retention of registration credentials.
4.1 In accordance with Legislative Decree 9 April 2003, no. 70 laying down provisions on electronic commerce, "WebsiteOwner" informs the user that:
- in order 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 transmit it to "WebsiteOwner", electronically, following the instructions that will appear from time to time on the Site and that will accompany the different stages of the purchase;
- the contract is concluded when the order form reaches the server of "WebsiteOwner";
- before proceeding to the transmission of the order form, the user will be able to identify and correct any errors in data entry by following the instructions from time to time indicated on the Site and that will accompany the different stages of the purchase;
- once the order form has been registered and confirmation of authorization for payment of the total amount due has been received, "WebsiteOwner" will send the user, via e-mail to the e-mail address indicated, confirmation of the order, containing a summary of the General Conditions of Sale and special conditions applicable to the contract, information relating to the characteristics of the Product purchased, a detailed indication of the price, the means of payment used, information on the right of withdrawal, delivery costs and any additional costs, and the contact details of the Customer Service, which the user can contact to request assistance and/or make complaints. It is recommended that you keep the e-mail received as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the model instructions on withdrawal and the model withdrawal form referred to in Article 10 will be attached to the e-mail confirming the shipment referred to in Article 8.4 below;
- the order form will be filed in the database of "WebsiteOwner" for the time necessary 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. Customer Service is able to communicate with users in the same languages.
5.1 All prices of the Products are in Euros (€) and are inclusive of Value Added Tax ("VAT") and, where applicable, the WEEE contribution. Shipping costs and any other additional costs, inclusive of VAT and expressed in Euros (€), shall be expressly and separately indicated in the order form, before the user proceeds to its transmission, 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, it being understood that the price charged to the user shall be the one published on the information sheet illustrating the main characteristics of the Product ("Product Sheet") at the time the order is sent. Any changes (upward or downward) in price subsequent to the transmission of the order will not be taken into account.
5.3 A reduction is always applied to the price of the Products shown on the site because the site represents an Outlet. Discounts are not temporary but fixed. However, the discount percentage may be subject to change over time.
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6. Purchase orders - product information
6.1 "WebsiteOwner" will process the purchase order, and then 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 charges, if any, as set forth in the order form ("Total Amount Due"). In the event that the Total Amount Due is not paid or the successful payment is not confirmed, the purchase contract shall therefore be deemed to be terminated as of right 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 transmission of the order, through the Site.
6.2 The Products will remain the property of the partners of "WebsiteOwner" until the payment by the user of the Total Amount Due. The risk of loss of or damage to the Products, due to causes not attributable to "WebsiteOwner", on the other hand, shall be transferred to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.
6.3 The Products offered on the Site are the items (by way of example: articles of clothing, footwear, accessories - e.g., costume jewelry, watches, eyewear, small leather goods, etc.) 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 closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers used by users to view them. The Product images in the Product Sheet, moreover, may differ in size or in relation to any accessory products. Such images should therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall be deemed authentic.
7.1 The products offered on the Site are limited in number. It may therefore happen, 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 color. In fact, the site is linked to all stores and all warehouses of "WebsiteOwner" partners. As an authorized retailer of all brands on the site, "WebsiteOwner" guarantees the authenticity of each item. Upon receipt of the order request, the Orders Department of "WebsiteOwner" reserves the right to reconfirm the availability of the items purchased, the validity of the transaction by credit card and to verify the details of previous transactions made by the Customer on the WEBSITE.
7.2 In any case of unavailability of the Product ordered, 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 Civil Code, the user will be promptly informed by e-mail. The user will, therefore, be entitled to immediately terminate the contract, subject to the right to compensation for damages, pursuant to and in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code. In the event that the user avails himself of the right of termination under Article 61, IV and V paragraph, Consumer Code or in any case in which the payment of the total amount due has already been made, "WebsiteOwner", without prejudice to the user's right to compensation for damages, will make a refund of this amount without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The amount of the refund will 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 banking institution, type of credit card or payment solution used. In any case, the value date will be the same as the debit date. In addition to the foregoing, in the event of unavailability of the ordered Product, "WebsiteOwner" will provide the user with a 10% discount coupon applicable to the next purchase made on the WEBSITE
7.3 In the case of orders concerning a plurality of Products ("Multiple Order"), if the unavailability arises concerning only some of the Products covered by the Multiple Order ( 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 Civil Code, and without prejudice to the application of art. 7.2 above, if the unexpected unavailability affects all the Products covered by the order ) "WebsiteOwner" will immediately notify the user by e-mail. The user will, therefore, 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, IV and V paragraph, of the Consumer Code. In the event that the user avails himself of the right of termination referred to in Article 61, IV and V paragraph, Consumer Code, in relation to the Product(s) that have become unavailable or in any case in which the payment of the total amount due has already taken place, "WebsiteOwner" without prejudice to the right of the user to compensation for damages, will make a refund of the amount due in relation to such Product(s) within a maximum period of 15 working days from the sending of the order. The amount of the refund will 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 banking institution, type of credit card or 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 ancillary nature of the Multiple Order Products that have become unavailable to the other available Multiple Order Products.
8.1 Delivery is chargeable. You are responsible for delivery charges, unless otherwise indicated during the purchase process and/or elsewhere on the Site. The amount of delivery charges payable by the user in connection with a specific order shall be expressly and separately indicated (in Euros and including VAT) during the purchase process, in the order summary and, in any event, before the user proceeds to transmit 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 cost may be required for delivery to certain areas. This cost will be specifically indicated during the purchase process and, in any case, before its completion, as well as in the order summary. Delivery terms will be specifically stated during the purchase process and in the order summary, and, in any case, before you submit your 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 case of omission of a specific delivery term, it shall, in any case, take place 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 control of the Products to the user. It is up to the user to verify the condition of the Product delivered to him/her/that he/she has collected. Notwithstanding the fact that the risk of loss of or damage to the Products, due to causes 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, materially comes into possession of the Product, the user is recommended to verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and the user is invited, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. Receipt without reservation of the Products, in fact, does not allow the user to take legal action against the carrier, in case of loss or damage of the Products, except where the loss or damage is due to malice or gross negligence of the carrier itself 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 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 recommended to give prompt notice to 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 ordering. Unless otherwise specified, Home Delivery will be made via MBE courier Monday through Friday during normal business hours (9:00 a.m. to 6:00 p.m.), 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 to Italy, San Marino and Vatican City are made by UPS OR TNT courier, while shipments outside these territories are made by UPS or DHL courier. Any customs duties and taxes for importation are always borne by the customer as these cannot be foreseen in advance and vary depending on the location of destination.
8.4 Upon delivery of the Products to the courier, the user will be sent an e-mail confirming the shipment in which the tracking number will be indicated through which he can 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 recipient and the consequences of non-delivery within the specified deadline.
8.5 The user acknowledges that the collection of the Product is his precise obligation arising from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the courier will leave a postcard to certify the delivery attempt (so-called notice of passage). The postcard will indicate the telephone number that the user should contact to request that the courier make a second delivery attempt. After two unsuccessful delivery attempts, the package will go "in storage." As soon as the package goes "in storage," Customer Service will contact the user in order to unlock the storage and arrange for the package to be delivered to the user as soon as possible. If necessary, Customer Service may agree with the user to change the delivery address. In the event that the delivery attempt following the Customer Service contact also fails, or in the event that 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 considered terminated and the purchase order cancelled pursuant to Article 1456 of the Civil Code. Resolved the contract, "WebsiteOwner" will proceed to refund the total amount due, if already paid by the user, minus the costs of the unsuccessful delivery of the Product, as well as the costs of returning it to WEBSITE OWNER and any other expenses that "WebsiteOwner" has incurred due to the non-delivery caused by the absence of the recipient. The termination of the contract and the amount of the refund will be communicated 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. Any delays in crediting may depend on the banking institution, type of credit card or payment solution used. In any case, the value date will be the same as the debit date. In the event that, prior to the expiration of the aforementioned thirty days, the user requests to receive the purchased Product again, "WebsiteOwner" will proceed with the new delivery, subject to the charge of the cost of the same, the cost of returning the Product to "WebsiteOwner" and the cost of storage.
8.6 In the event that the purchased Product is not delivered or is delivered later than the delivery terms indicated during the purchase process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, shall invite "WebsiteOwner" to make the delivery within an additional term appropriate to the circumstances ( Additional Term under Article 61, III paragraph, 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 the Contract ex art. 61, III paragraph, 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 ex art. 61, III paragraph, Consumer Code ( Excluded Cases ) if:
a) "WebsiteOwner" has expressly refused to deliver the Products;
b) compliance with the delivery period indicated during the purchase process and in the order confirmation is to be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
c) the user has informed "WebsiteOwner", prior to the conclusion of the contract, that delivery by or on a certain date is essential.
In the 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 immediately terminate the contract, without prejudice to the right to damages ( Termination of the Contract in the Excluded Cases ).
The indication of the Additional Term ex art. 61, III, Consumer Code and the notice of Termination of the Contract ex art. 61, III paragraph, Consumer Code or Termination of the Contract in Excluded Cases shall be communicated by the user to "WebsiteOwner" at the addresses in art. 16 below.
In the case of Termination of the Contract ex art. 61, III paragraph, Consumer Code or Termination in the Excluded Cases, "WebsiteOwner" shall refund the user the total amount due without undue delay.
8.7 In all cases referred to in Article 8.6 above where a refund is due to the user, the amount of the refund shall 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. Any delays may depend on the banking institution, credit card type, or payment solution used. In any case, the value date will be the same as the charge.
Italy: 1-2 days
Europe: 1-3 days for major 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 force majeure beyond the control of "WebsiteOwner".
9.1 Payment for the Products may be made by credit card or by PayPal or bank transfer payment solution. 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 process. At the time of purchase, Customers enter their credit card details into a secure electronic banking system provided by ADYEN. It is possible to make purchases via Visa, Mastercard, American Express, and JCB.
9.2 A commercial invoice will be issued automatically with each 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. He/she will be able to subsequently change this data. For the issuance of the invoice, the information provided for this purpose by the user will be authentic, which he declares and guarantees to be true, obligating himself to hold "WebsiteOwner" harmless and indemnified against any damage, including penalties issued by the competent authorities, that may be caused to the same in the event of failure to respond to the truth of the same.
9.3 In order to ensure the security of payments made on the Site and to prevent any fraud, "WebsiteOwner" reserves the right to ask the user, by e-mail, to send, by the same means, a front/back copy of their identity card and, in the event that the order holder is different from the card holder, of the latter's identity card. The document must be valid. The request e-mail will specify the deadline by which the document must be received by "WebsiteOwner". This deadline will not, in any case, be more than 5 working days from the receipt of the request by the user. While waiting for the requested document, the order will be suspended. The user shall be obliged to send the requested documents within the specified period.
9.4 In the event that "WebsiteOwner" does not receive such documents within the period specified in the e-mail request or receives expired or invalid documents, the contract shall be deemed to be terminated as of right pursuant to and for the purposes of Article 1456 of the Civil Code and the order consequently cancelled, without prejudice to the right of "WebsiteOwner" to compensation for any damage it may have incurred as a result of the user's non-compliant behavior. The termination of the contract, of which the user will be notified by e-mail, no later than 5 working days after the deadline for submitting the documents required by "WebsiteOwner", will result in the cancellation of the order, with a consequent refund of the Total Amount Due, in the manner and timing referred to in Article 7.2 above.
9.5 In the event of receipt by "WebsiteOwner" of valid documentation within the period specified in the email referred to in Article 9.3 above, the delivery terms shall run from the date of receipt thereof.
9.6 By choosing the Paypal payment method, the customer can pay directly through His Paypal account. "WebsiteOwner" reserves the right to ship the goods only to the address indicated on the account verified by Paypal. We would like to remind our new customers that "WebsiteOwner" may request the Bank or Paypal to verify the transaction, including contacting the counterparty bank. Such 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 placed in the shopping cart during the checkout process. Each code has a start and end date of validity and this time limit cannot be extended in any way. Promotional codes can be used in conjunction with vouchers and coupons issued when credits are open.
10.1 The user who holds the quality of 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 THEN BE RETURNED IN THE METHODS INDICATED BY "WebsiteOwner" NO LATER THAN 14 WORKING DAYS, AFTER THAT TIME 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 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 EXERCISE RIGHT OF WITHDRAWAL
In order to exercise your right of withdrawal with respect to an Order, you must inform "WebsiteOwner" of your decision to withdraw, prior to the expiration of the Withdrawal Period. For this purpose, the customer must notify "WebsiteOwner" by e-mail of his willingness to want to exercise his right of withdrawal by communicating the order number. Once the procedure has been completed "WebsiteOwner" will send a confirmation by e-mail, containing the waybill for the return and the instructions to be followed to return the goods.
10.3 You have exercised your right of withdrawal within the Withdrawal Period, if the product is returned to "WebsiteOwner" in the manner indicated by it within and not later than 14 business days.
10.4 The user, after having exercised the right of withdrawal in the manner indicated in Articles 10.2 and 10.3 above, must return the Product to "WebsiteOwner" using the carrier that will be indicated in the email sent by "WebsiteOwner". The Order Number that is the subject of the Return shall be written on the waybill, which shall be completed as indicated in the authorization email received from the Returns Department "WebsiteOwner". (The letter will be sent via email 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 (5 euros) unless specifically stated otherwise during promotional free return periods. The return of the Product to "WebsiteOwner" is under the responsibility of the user.Any cash-on-delivery costs will also be deducted from the refund.
10.5 If the user withdraws from the contract, "WebsiteOwner" will proceed to 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 verified. Reimbursement 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 consequence of such reimbursement.
The security seal on the items being returned must be neither cut nor broken. The items must not have been worn, washed or altered and must not show any signs of use. Each item must be returned including all original labels, packaging and 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 in all respects an integral part of the product itself and must not have been damaged and/or altered in any way, nor used as the only outer packaging. Returns must be shipped inside the "WebsiteOwner" box.
10.6 "WebsiteOwner" reserves the right to request photographic evidence prior to authorizing returns for defective merchandise and bear the cost of shipping the merchandise back to its premises.
10.7 You shall be liable only for any diminution in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and operation of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and explanatory 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 its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories (which do not constitute stand-alone Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not entitle to any refund. "WebsiteOwner" will notify the user within 5 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by "WebsiteOwner", will remain at "WebsiteOwner" at the user's disposal for collection, which must take place at the user's own expense and responsibility.
10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and operation of the Product, the refund amount will be reduced by an amount equal to such decrease in value. Of the circumstance and the resulting decreased refund amount "WebsiteOwner" will notify the user within 5 business days of receipt of the Product, providing the same, if the refund has already been paid, the bank details for payment of the amount owed by the user due to the decrease in value of the Product.
10.10 In the event that, recurring one of the assumptions of the law, the right of withdrawal does not find application, of this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase process, before the user proceeds to the transmission of 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) products made to measure or clearly personalized;
(ii) products that are likely to deteriorate or expire rapidly.
All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code ("Legal Warranty").
The Legal Warranty is reserved for consumers. It applies, therefore, only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. To those who have purchased on the Site and who do not have the quality of consumers will be applied the warranty for defects in the thing sold, the warranty for defect in promised and essential qualities and the other guarantees provided by the Civil Code with their terms, forfeitures and limitations.
The seller (and, therefore, with respect to purchases made on the Site, WEBSITE) is liable to the consumer for any lack of conformity that exists at the time of delivery of the Product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within a period of two months from the date on which it was discovered.
Unless proven otherwise, it shall be presumed that the lack of conformity which becomes apparent within six months of delivery of the Product already existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the lack of conformity. From the seventh month after delivery of the Product, on the other hand, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the Product.
In order to take advantage of the Legal Warranty, the user must therefore first provide proof of the date of purchase and delivery of the good. It is advisable, therefore, that the user, for the purpose of such proof, keep the purchase invoice, which "WebsiteOwner" sends to him, or any other document that can attest to the date the purchase was made (for example, the credit card statement) and the date of delivery.
A lack of conformity occurs when the purchased good:
- is not fit for the use for which goods of the same type are customarily 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 have the usual qualities and performance of goods of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;
- is not fit for the particular use intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and which the seller has accepted.
Therefore, excluded from the scope of the Legal Warranty are any failures or malfunctions or other defects caused by accidental facts or by the responsibility of the user or by use of the Product not in accordance with its intended use and/or with what is provided for in the documentation attached to the Product, if any, or in the instructions for use relating to the same.
In case of a conformity defect duly reported within the terms, the user has the right:
- in the primary way, to the free repair or replacement of the good, at his choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of copies still available for sale;
- secondarily (i.e., where repair or replacement is impossible or excessively onerous, or where repair or replacement has not been carried out within a reasonable period of time, or where repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at the consumer's option.
The remedy sought is excessively onerous if it imposes unreasonable expenses on the seller in comparison with the alternative remedies that can be pursued, taking into account (i) the value that 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 pursued without significant inconvenience to the consumer.
In the event that a Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the user must contact Customer Service, at the contact details and in the manner indicated in Article 16. "WebsiteOwner" will promptly respond to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to be followed, also to agree on how to ship the goods, also taking into account the merchandise category to which the Product belongs and/or the reported defect.
In case of termination of the contract, "WebsiteOwner" will return to the user the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, "WebsiteOwner" will return the amount of the reduction, previously agreed with the user. Alternatively, the user may choose to receive a purchase voucher, expendable on the Website, of a value equivalent to the amount of the refund or, respectively, the reduction to which he/she is 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. In the event that the user has chosen the purchase voucher, in lieu of the 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" shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product improperly and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from fortuitous events or force majeure.
Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ("Conventional Warranty"). You may enforce such a warranty only against the manufacturer. The duration, extension, including territorial extension, conditions and terms of use, the types of damages/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer and are set forth in the so-called warranty certificate contained in the Product's packaging.
The Conventional Warranty is voluntary in nature and does not replace, limit or affect or exclude the Legal Warranty.
"WebsiteOwner" may hold 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 coupons or equivalent forms, they may not be converted into money under any circumstances.
14.1 It is possible to request information, send communications, request assistance, or file complaints by contacting Customer Service in the following ways:
- by completing and submitting the form available in the Customer Service-Contact Us section of the Site;
By email at
Telephonically at:
14.2 "Website Owner" will respond to complaints submitted within five business days of receipt of the same.
Applicable Law and Jurisdiction; Out-of-Court Dispute Settlement - Alternative Dispute Resolution/Online Dispute Resolution
15.1 These General Terms and Conditions of Sale together with the information made 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 users of the Site with respect to contracts concluded through the Site.
15.2 Contracts concluded between users of the Site and "WebsiteOwner" are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable 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 the exercise of the right of withdrawal, the deadline for the return of the Products, in case of exercise of such right, the procedures and formalities for the communication thereof and the legal guarantee of conformity.
15.3 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile shall have jurisdiction for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale.
15.4 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree September 6, 2005, no.206 (Consumer Code), "WebsiteOwner" informs the user who holds the status of consumer under Article 3, paragraph 1, lett. (a) of the Consumer Code, that in the event that he/she has submitted a complaint directly to "WebsiteOwner", as a result of which, however, it has not been possible to resolve the dispute thus arisen, "WebsiteOwner" will provide information about 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 of Sale (cc.d.. ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.
"WebsiteOwner" also informs the user who holds the status of consumer referred to in Article 3, paragraph 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.
The consumer user's right to bring the dispute arising from these General Terms of Sale before the competent ordinary court of law in any case, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall be unaffected.
15.5 A user residing in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to 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 interest, fees and expenses, Euro 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.