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GENERAL SALES CONDITIONS
The following General sales condition regulates the offer and the sale of the products on this web: www.thestoremilano.com (also, alternatively, the “Site”).
The products and/or the service bought on this site are offered and sold by “The Store”.
You may request any information and/or sending communications and/or present complaint in regard to sale, purchase order, products, payments and shipping, contacting Customer Service of “The Store” phone number 02.874723 in accordance with conditions of sale procedure.
1. Application field
1.1 Selling of products via the Site (“Products”) establish a distance contract governed from the Chapter I, Title III (art. 45 and ss.) and form the Legislative Decree 9th April 2003, n.70, containing the electronic commerce regulation.
1.2 This General Term of Sale shall apply at all the sales realized by The Store website.
1.3 This General Term of Sale can be modify in every moment. Potential modification and/or new condition will be in effect from the moment of their publication in section “ Term of Sale” of the Site. For that the user are invite to enter on a regular basis in Site and are invite to consult, before carrying out any purchase, the current version of General Term of Sale. The applicable General Term of Sale are that in effect at the time of purchase order.
The user is compelled to read carefully this General Term of sale, that “The Store” make available in the section “Term of Sale” of the Site and which it is permitted the memorization and the reproduction, as well as all the other information that “The Store” provides on the Site, both before
and during the purchase procedure.
1.4 This General Term of Sale are applicable at National area and European Area.They do not concern the sale of products and/or the supply of services on behalf of different subject of “The Store”, that are present on the Site through link, banner or other hyperlink. Before carrying out the commercial transactions with such subjects is necessary verify their term of sale.
“The Store” aren’t responsible for the supply of service and/or for the sale of the products from such subjects. On the website accessible though that links “The Store” does not run any control and/or monitoring. “The Store” therefore aren’t responsible for the contents of such website nor for potential errors and/or omissions and/or violation of the law on behalf of themselves.
2. Purchase on website
2.1 The access at the sales made though the Site is exclusively reserved at the users that have had 18 year and that they are registered at the Site, by creating an account “The Store”.
2.2 The access at the offers present on the Site is permitted both at the users that are consumers, as defined in the art. 3, co. 1, lett. a) Consumer Code, meanings those natural person that, in relation to the purchase of the Products, acting for purposes unrelated at the commercial activity, craftsmanship, business or professional potentially performed.
2.3 Will not be able in any case make purchases on the Site the sellers or the wholesalers, or generally, all the subjects that intend to purchase products with the aim to subsequent resale. Therefore, is forbidden at such person register at the Site and make purchases on the Site.
2.4 “The Store” reserves the right to refuse or delete the order that derive from (i) an user with which it has a legal contentious under way; (ii) an user who has previously violated this General Term of Sale and/or the conditions and/or the term of purchase contract with “The Store”; (iii) an user implicated in any kind of fraud and, in particular, in fraud relating to payment with credit card; (iv) users that have released fake identifying data, incomplete or anyway incorrect or rather that the users haven’t send promptly at “the Store” the documents that it requests under the procedure referred to the art. 9.3 that follow or that the users have send invalid documents; (v) users that do not give sufficient solvency guarantees.
3. Registration at Site
3.1 The registration at Site is free. To register at Site the user must complete the registration form, inserting name, surname, e-mail address, password, state, gender. The registration will be confirmed by e-mail to the user that, to complete the registration procedure, will have to click on specific link contents in the communication received.
3.2 The registration credentials must be utilized exclusively form the user and can’t be give third person. The user is committed to keep it secret and to secure that no-one have access, and also to inform without delay “The Store” contacting as referred to in art. 16, in case of suspicion improper use and/or the divulgation of the same. The user guarantee that the personal information provided during registration procedure at the Site are complete and true. To each user is allow to register at the Site only one time. To the user is forbidden make multiple registration. In case “the Store” should observe that the same user has made more registration on the Site, “The Store” reserves the authority to proceed, immediately and without giving prior notice, and suspended relative account. The user accept to keep undamaged “The Store” from any damage , compensatory obligation and/or penalty arising and/or in any way related at the breach of the rules about the registration at the Site from the user or about the preservation of credentials registration.
4. Information about the consultation of the contract
4.1 In conformity with Legislative Decree 9th April 2003, n.70 recent disposition in the field of electronic commerce, “The Store” inform the user that:
To conclude the purchase contract of one or more products on the Site, the user must complete an order form in electronic format and send it to “The Store”, electronically, following the instruction that will appear from time to time on the Site and that will accompany the different purchase phase;
The contract is concluded when the order form reach at the “The Store” serve;
Before procede at the transmission of the order form, the user can locate and correct possible error of the insertion of data, following the instruction indicate from time to time on Site and that will accompany the different purchase phase;
When the order form is registered and after the payment authorization of total amount due confirmation, “The Store” will send at the user, via e-mail at the email address given below, the confirmation of the order, that contain General Term of Sale and particular conditions applicable at the contract, the informations concerning at the purchase product, detailed indication about price, the payment method used, the information about right of withdrawal, delivery charges and possible additional cost and customer service contacts, whom the user can go and ask for assistance and or lodge a complaint. It’s recommended to conserve the received email like proof of purchase. The General Term of Sale applicable at the order, and also the instruction about the termination and the form of termination which at the art. 10 are available in site.
The order form will be archived in the database of “The Store” for the time necessary for the fulfillment of an order and, anyway, in legal conditions.
4.2 The language at disposition of the user for the conclusion of the contract are Italian and English language. The Customer Service is able to communicate with the user in the same languages.
5.1 All prices of the products are expressed in Euro (€) and are inclusive of value added tax (“VAT”) and, when applicable, RAEE tax. The shipping charges and any other additional cost, inclusive of VAT and expressed in Euro (€), will be expressly and separately indicated in the order form, before that the user will proceed at the transmission of same, and also on the order confirmation e-mail.
5.2 The price of the products can be modify by “The Store” in every moment, without notice, it being undressed that the price charge to the user will be the price published on the information form that describes main features of the product (“Product Sheet”) at the moment of dispatch of the order. No take into consideration possible variations (increase or reduction) of Price next the transmission of the order.
6. Purchase order - Products informations -
6.1 “The Store” will follow up the purchase order, and will carry out the shipping of the product store-bought , only after receiving the payment authorization of the total amount due, composed of purchase price, delivering charges, if applied, and any other additional cost, as indicated in order form (“Total Amount Due”). If the Total amount due has not been paid or rather the payment successful conclusion isn’t confirmed, the purchase contract will be right terminated for the effect and in accordance with Art. 1456 c.c. Of aforementioned resolution and the consequent cancellation of the order, the user will be warned immediately after the transmission of the order, through the Site.
6.2 The products will remain of the propriety of the “The Store” partner until the Total Amount Due payment from the user. The risk of loss or the damage of the products, for cause not attributable at “The Store”, will be transferred to the user, when the user, or designated third person and different person to carrier, will come in to possession of the products.
6.3 The products offer on the Site are items (as an example: clothing items, footwear, accessories, - for ex. costume jewellery, watch, eyewear, small leather goods, etc.) present on the site at the moment of the order from the user.
6.4 Each product is accompanied to a Product Sheet. The image and the description present on the Site reproduced as closely as possible the characteristic of the products. The product’s color, however, can be different from the real due to the effect of the informatics system options or due to the computer used to the users for their visualization. The Product’s image in the Product Sheet, moreover, can be different for size or in connection with possible optional products. That images therefore must be understood as indicative and with tolerance regarding use. In order to do the purchase contract, shall prevail the description of the product contained in the oder form transmitted from the user.
7. Products availability
7.1 The products offers on the Site are in a limited number. So can happen, also because of the availability that more users purchased simultaneously the same product, that the ordered product aren’t more available subsequently the purchase order transmission. The assortment present on the Site “The Store” reflects the exact availability of each item for size and color. As authorized dealer of all the brand presents on the Site, “The Store” guarantees the authenticity of each item. Once it has received order request, the order department of “The Store” reserves the right to reconfirm the availability of the purchased items, the validity of the transaction through credit card and to verify the details of previous transaction made by user on the WEBSITE.
7.2 In any case of ordered product nonavailability, without prejudice to the rights of user in according to law, and, particularly, from Chapter XIV Title II Book IV Civil Code, the user will be promptly informed via e-mail. Therefore, the user will be legitimates to cancel immediately the contract, without prejudice to the right of compensation for damage, in accordance and for the effect with the Art. 61, IV and V clause, Code of Consumption. In case the user make use of his right of resolution ex Art. 61, IV and V clause, Code of Consumption or rather in any case if the payment of total amount due is already happened , “The Store” without prejudice to the right of the user of compensation for damage, will carry out the refund of aforementioned amount without undeserved delay and, in any case, within the maximum period of 15 working days after order dispatch. The amount of refund will be communicated to the user via e-mail. Aforementioned amount will be credited to the payment method used by the user for the purchase. Possible delay for the credit may depend on banking institute, from the type of credit card or from the type of payment solution used. In any case, value data will be the same of the debit. What’s more above, in case of nonavailability of the ordered product, “The Store” will provide to the user a 10% discount voucher applicable to the following purchase carried out on the site WEBSITE.
7.3 In case of the order that have as subject a plurality of products (“Multiple Order”), if the nonavailability regarding only some products subject of Multiple Order (without prejudice to the right of the user in accordance with the law, and, precisely, from the Chapter XIV Title II Book IV Civil Code, and without prejudice the application of the Art. 72, which precedes, if the nonavailability of all the products subject of the order) “The Store” will inform immediately the user via e-mail. So, the user will be legitimates to cancel immediately the contract, limited to Product / Products became unavailable, without prejudice to the right of compensation for damage, in accordance and for the effect with the Art. 61, IV and V clause, Code of Consumption.
In case the user make use of his right of resolution ex Art. 61, IV and V clause, Code of Consumption, in connection with the Product / Products became unavailable or rather in any case if the Total Amount due is already happened, “The Store” without prejudice to the right of the user of compensation for damage, will carry out the refund of amount due in connection with such Product / Products within the maximum period of 14 working days after order dispatch. The amount of refund will be communicated to the user via e-mail. Aforementioned amount will be credited to the payment method used by the user for the purchase. Possible delay for the credit may depend on banking institute, from the type of credit card or from the type of payment solution used. In any case, value data will be the same of the debit. The resolution of the whole Multiple Order will be possible only in case of evident and proven reliance of the Products subjects of the Multiple Order became unavailable compared to the other available products subject of the Multiple Order.
8. Delivering of purchased products
8.1 The delivery is a service against remuneration. Delivery charges are at the expense of the user, except where otherwise indicated during the purchase procedure and/or in other part of the Site. The delivery charges amount due by the user in relationship to specific order, is expressly and separately indicated (in Euro and inclusive of VAT) during purchase process, in the order summary, and, in any case, first that the user proceed at the transmission of the order. The indication of these cost will appear also in the section “Profile - My orders” of the Site and in order confirmation. For the delivery in a few zone may be request an additional cost. This cost will be purposely indicated during the purchase procedure and, anyway, before the conclusion of these, and also in order summary. The delivery terms will be purposely indicated during the purchase procedure and in order summary, and, any case, before that the user sends the order. Moreover the cost will be indicated in the order confirmation and in the section “Profile - My orders” of the Site. The terms and the cost of delivery are calculated taking into account, in addiction to the delivery zone, also the delivery method chosen from the user. In the case of omitted indication of specific terms of delivery, it will be done, in any case, within 30 days starting from the date of contract conclusion.
8.2 The delivery obligation is carry out through the transfer of material availability or anyway the control of the products to the user. It’s up to the user verify the condition of the product which was delivered / which he has withdrawn. It being understood that the risk of loss or damage of the products, because of not imputable at “The Store” is transfer to the user when the user, or third person designated by the user and a different carrier, takes materially in possession of the product, it’s recommended to the user to verify the number of the products received and that the packaging become intact, not damage, nor wet or anyway altered, also in the closure material and his being invited, in your interest, to indicate on the transport document of the carrier, possible anomaly, accepting the package with certain reservations. The delivery without reservation of the products, sure enough, does not permit at the user to take legal action towards the carrier, in case of loss or damage of the products, except where the loss or the damage of the products are due to malice or is serious fault of the carrier and except for the partial loss or damage unrecognizable at the moment of the delivery, provided that in this last case, the damage is denounced just notice and no longer 8 days after the delivery. In case that the packaging have evident signs of tampering or alteration, it’s recommended at the user to give prompt communication at the Client Service.
It is settled that, in any case, the implementation of the rule in the field of right of withdrawal and the legal guarantee of conformity.
8.3 The products purchase in the Site will be send and deliver at the address specified to the user during the order. The home delivery will be carried out, unless otherwise indication, through the carrier TNT or similar from Monday to Friday, during office hour (from 9:00am to 6:00pm), excluded national feast day. “The Store” reserves the right to use others carrier, without prejudice the respect of the delivery method chosen from the user and in delivery terms indicated. The delivery in Italy, San Marino and Vatican City are carried out through UPS carrier or TNT, whereas the shipping out this areas are carried out through UPS or DHL carrier. Possible custom duty and import tax are always at the expense of the customer not being these predictable in advance and these vary in according to the destination place.
8.4 At the moment of the delivering of the products to the carrier, will be send to the user an e-mail of shipping confirmation in which will indicated the number of tracking through which he can verify the status of the shipping. Aforementioned e-mail will contain also the indication related at the procedure of delivery, at the deadline of pick up in case of missing delivery due to absence of addressee and at the consequences of missing delivery in indicate terms.
8.5 The user notes that the pick up of the product is only his precise obligation resulting to the purchase contract. In case of missing delivery due to the absence of addressee at the specified address in the order form, the carrier leaving a postcard to certificate the delivery attempt (c.d. transfer note). On the postcard will be indicated the phone number that the user’ll have to contact to ask that the carrier carries out the second attempt of delivery. After two attempts of delivery unsuccessful, the package will go in “warehousing”.As soon as the package will go in “warehousing”, the client service contact the user in order to unlock the warehousing and ensure that the package be delivered to him as soon as possible. If necessary, the Client Service can agree with the user the change of delivery address. In case that also the delivery attempt after at the contact with Client Service is unsuccessful or in case that the user does not respond at the contact of Client Service, the package will be send back at “ The Store” and the user will be advised of this circumstance via e-mail. The user notes that, past thirty (30) days since the package are send back to “The Store”, the contract can consider resolved and the purchase order cancelled in accordance with the Art. 1456 of Civil Code. Resolved the contract, “The Store” shall proceed at the total amount due refund, if already paid from the user, deducted delivery cost of the product unsuccessful, and also the return cost to “The Store” and any other possible cost in which “The Store” ongoing because of missed deliver caused by the absence of addressee. The resolution of the contract and the amount of refund will be communicated at the user via e-mail. The amount of refund will be credited on the mean or the payment solution utilized from the user for the purchase.
Possible delay for the credit may depend on banking institute, from the type of credit card or from the type of payment solution used. In any case, value data will be the same of the debit. In the event that, before the progress of thirty days mentioned above, the user ask to received again the purchase product, “The Store” will proceed at the new delivery, upon charge of the cost of the same, the cost of return of the product to “The Store” and the cost of custody.
8.6 In the event that the purchase product aren’t delivered or be delivered late respect the delivery terms indicated during the purchase procedure and in the order confirmation, the user, in according to the art. 61 Code of Consumption, invite “The Store” to carry out the delivery within additional term appropriate at the circumstances (Additional term ex Art. 61, III clause, Code of Consumption). If aforementioned term expires without that the products it has been delivered, the user is legitimate to resolve the contract (Resolution of Contract ex Art. 61, III clause, Code of Consumption) without prejudice to damage reparation. The user isn’t weighs of the onus to give at “The Store” additional term ex Art. 61, III clause, Code of Consumption (Excluded Chance) if:
A) “The Store” refused expressly of deliver the products.
B) The respect of the deliver term indicated during purchase procedure and in order confirmation must consider essential, taking in account all the circumstances that have accompanied the conclusion of the contract.
C) The user has informed “The Store” before contract conclusion, that the deliver within or in a determinate date is essential. In the exclusive case, the user, is not receives the products in a delivery term indicated during the purchase procedure and in the order confirmation, is legitimated to resolve immediately the contract, without prejudice to damage refund right (Contract Resolution in Exclusive Case).
The indication of additional term ex Art. 61, III, Code of Consumption and the communication of contract resolution ex Art. 61, III clause, Code of Consumption or Contract Resolution in Exclusive Case shall be communicated from the user to “The Store” at the address that follow at the Art. 16.
In the event of contract resolution ex Art. 61, III clause, Code of Consumption or Contract Resolution in Exclusive Case, “The Store” will refund at the user the Total amount due without undeserved delay.
8.7 In all case mentioned at the Art. 8.6 which precedes, where is owned a refund at the user, the amount of refund will be communicated at the user via e-mail. The amount of refund will be credited on the mean or the payment solution utilized from the user for the purchase.
Possible delay for the credit may depend on banking institute, from the type of credit card or from the type of payment solution used. In any case, value data will be the same of the debit.
The estimated date for the delivery of product.
Delivery date of purchased product/s make reference to individual carrier of TNT, UPS and DHL.
To have more informations click on following Link that will be calculate after the confirmation of purchase order and after payment.
“The Store” isn’t responsible for possible delay caused by operations and customs control, or for reason of force major out of control of “Website Owner”
9. Payment methods and promotional code
9.1 The products payment shall be effectuated through credit card or availing oneself of MasterPass service. In the event that one of this means / solutions of payment can be used in relation to a specific product, this will be clearly specified on the Site, at the latest at the beginning of purchase procedure. At the momento of purchase, customer introduces the details of own credit card into a protected electronic banking system, supplied by Unicredit. Is possible carry out the purchase through Visa, MasterCard, American Express, Alipay.
9.2 The commercial invoice will be issued automatically to each purchase. In occasion of first purchase, to the user will be ask to communicate the data of invoice header, included tax code.
At a later time he can modify aforementioned data. For the issue of the invoice will serve as evidence the information if necessary supplied from the user, that he declare and he guarantees that correspond at the true, it will be obliged to hold unscathed and indemnify “The Store” against all claims and demands, included penalty issued from competent authorities, can may at the same derive in the event of missed correspondence at the true of the same.
9.3 In order to do guarantee the security of the payment effectuated on the Site and to prevent eventual fraud, “The Store” reserves the right to ask at the user, through e-mail, to send, through the same means, a copy front/back of its identity card and, in the event that the holder of the order be different from the holder of the card, of the identity card of this last. The document shall be underway of validity. In the e-mail of request will be specified the terms within the document must reach at “The Store”. This terms, won’t be, upper to 5 working days from the request delivery from the user. Waiting the required document, the order will be suspended. The user is compelled to sending the required documents in specified terms.
9.4 In the event that the “The Store” doesn’t get aforementioned documents within specified terms in the request e-mail or rather “The Store” receive expired documents or not valid, the contract will mean resolved to right in accordance and for the effect with the Art. 1456 c.c. and the order subsequently cancelled, without prejudice to refund of “The Store” to any damage which the same can be incurred due to incorrect behavior of the user. The resolution of the contract, which the user will be informed via e-mail, within a maximum of 5 working days since the deadline of the terms for the send of the request documents from “The Store”, will entail the cancellation of the order, with consequent refund of the Total Amount Due, with the modality and time frame in accordance with previous Art. 7.2.
9.5 In case of delivery on behalf of “The Store” of valid documentation within the time line indicated in the e-mail in accordance with previous Art. 9.3, the delivery terms will become effective from the date of the delivery of the same.
9.6 The customers that sign up at the newsletter of “The Store” will receive update about promotions and/or promotional code that can be insert in the cart during purchase procedure. Any code have a date of beginning and end of validity and this time limit can’t for any means be extended. Promotional code can be used together with credit slip and voucher issued in the event of open credit.
10. Right of withdrawal
10.1 The user that issued the customer quality have the right to withdrawal to consulted contract with “The Store”, without must specify the motive, within fourteenth (14) days of calendar (Withdrawal Period).
THE ORDER SHALL BE RETURNED IN THE MODALITY INDICATED FROM “THE STORE” WITHIN A MAXIMUM OF 14 WORKING DAYS, EXPIRED AFOREMENTIONED TERMS THE RETURNED WILL NOT BE ACCEPTED.
The withdrawal period expired after 14 days:
A) In the event of the order related to only one product, from the day which the user or third person, different from the carrier and designer from the user, acquire physical possession of the Product;
D) In the event of Multiple Order with separate delivery, from the day which the user or third person, different from the carrier and designer from the user, acquire physical possession of the Product;
E) In the event of an order relative at the delivery of the Product considerable of lots or multiple pieces, from the day which the user or third person, different from the carrier and designer from the user, acquire physical possession of the Product;
10.2 Employ right of withdrawal
To employ the right of withdrawal in relationship with an order, the user must inform “The Store” of his decision of recede, before of the expired of withdrawal period.
To realize the request, will be enough connect to own area “my account” of the site and select the entry “orders”. Successively the user will have to select the order and the product/s that want return. Can be complete the return request filling out return motive and possible additional note.
At the end of procedure, the customer, can print the return receipt to enclose with package and shipping all at: THE STORE - VIA SOLFERINO, 7 - 20121 MILANO (MI).
If the right of withdrawal will be exercising after the delivery of the product, shipping costs related at the return will be place at the expense of the user.
10.3 The user, after have exercised the right of withdrawal with the way indicated at the previous Art. 10.2 and 10.3, has to provide for return the product at “The Store” utilizing the carrier that he prefer.
The print receipt with return number will be attach at the package.
Shipping cost of return and possible customs duty (when provided) will be always at the customer’s expense. The return of the product at “The Store” happens under the responsibility of user.
10.4 If the user recedes the contract within withdrawal period, “The Store” will proceed at the refund of the amount paid from the user without underarmed delay and in any case within a maximum of 14 days of calendar from the day when the product will arrive near the warehouse “The Store” and the item of clothing will be verify. The refund will be effectuated utilizing the same payment method utilized from the user for starting transaction, without prejudice that the user has not expressly agreed otherwise; In any case, the user shall not support some cost as consequence of aforementioned refund.
The safety seal present on the items that return should not be neither cut nor broken. The item of clothing should not have been worn, washed or alterated and these should not present none used mark. The sole of the shoes should be in perfect conditions and not to present any kind of mark. Any item of clothing should be returned inclusive of all tag, package and original accessory (Dustbags, crutch, dress cover, etc.) received together at the order. All shoes and accessorie should be returned together with their original box, that is considered effectively integral part of the product and the should not be damage in no way and/or broken, neither utilized like unique external packaging. The returned should be sent saving the integrity of product and may take place with a delicate box purchased or supplied by the user.
10.6 “The Store” reserves the right to ask photo proof before authorize returned for defective merchandise and assume the shipping charges for the returned of merchandise in your own space. Beachwear and underwear (Bikini, slip, boxer, etc) should be tried over personal underwear. The returned of aforementioned items will be refused and send back at the customer in the event that the transparent tag of sanitary protection has been removed, or in the event that the item of clothing present kind of mark.
10.7 The user is responsible only for decrease of the item value consequent from a manipulation of the Product different than those required to establish the nature, the characteristic and the operation of the Product. The product should be supervised, manipulated and inspected with normal diligence and returned intact, complete of all his part, perfectly functioning, equipped of all his accessories and all descriptive sheet, with identifying marks, tags and disposable seal, where present, still attached at the Product and complete and not manipulated, as well as perfectly suitable at the use which it is intended and without use marks or filth. Therefore it can be used in relationship at part and/or accessories (that do not constitute independent product) of the Product.
10.8 In the event that the termination has not been practice accurately to how expected applicable regulations, this do not involve the resolution of the contract and, consequently, won’t give the right at any refund. “The Store” will give communication at the user within 5 working days from the delivery of the product, rejecting withdrawal request. The product, if arrived at “The Store” will remain at “The Store” at disposition of the user for the pick up that make take place at expense and under the responsibility of the same user.
10.9 In the event that the product for which have been practiced withdrawal has undergone a value reduction consequent to a manipulation of the items different from necessary to establish the nature, the features and the operation of the product, the refund amount will be reduced of an amount equal at the reduction of the value. From the circumstance and from the consequence reduction of refund amount “The Store” will give notice at the user within 5 working days from the delay of the product, supplied at the same, in the vent that the refund has already been corresponded, the bank account details for payment of the amount due to the user because of reduction of the product value.
10.10 In the event that, resorting one of the hypothesis of law, the Right of withdrawal can’t find the application, about aforementioned exclusion will be give specific and express notice in Product Sheet and, in any case, during the purchase procedure, before that the user proceed at the transmission of the order. In any case , it is recalled at the user that, in accordance with the Art. 59 of the Code of Consumption, the right of withdrawal is excluded, besides which, in the event that the sale has in subject:
A) Tailor-made products or clearly personalized;
B) Products that rick to deteriorate or expire rapidly;
11. Legal guarantee of conformity
All products sale on the Site are covered by Legal Guarantee of Conformity in accordance with the Art. 128 - 135 Code of Consumption (“Legal Guarantee”).
HOW IS ENFORCED
Legal Guarantee id reserved at the consumers. This, therefore, find application, only with the users that have already carried out a purchase on the Site to unrelated aim at the entrepreneurial activity, commercial, hand-crafted or professional potentially carried out. Those who have purchased on the Site and that are not the property of consumers will be applied the guarantee for the faults of item sold, the guarantee lack of quality promise and essential and the other guarantee expected to Civil Code with related terms, forfeiture and limitations.
WHEN IS ENFORCED
The seller(and, so, for which as regards the purchase effectuated on the Site, WEBSITE) is responsible in relation to the consumer for any lack of conformity current at the moment of delivery of the Product and that it show within two days from aforementioned delivery. The lack of conformity shall be denounced at the seller, pain of decline of guarantee, in the limit of two months from the date in which it was find out.
Until proof to the contrary, shall be presumed that the lack of conformity that show within six months from the delivery of the product existed already at aforementioned date, unless this hypothesis be incompatible with the nature of the product or the the nature of lack of conformity. Starting from the seventh month successive at the delivery of the product, will be obligation of the consumer try that the lack of conformity already existed at the moment of the delivery of the same.
To be able to enjoy of Legal Guarantee, the user will have to provide, first of all, proof of purchased data and delivery date of item. Is suitable, so, that the user, in order to aforementioned proof, preserve purchase invoice, that “The Store” send to him, or rather someone other documents that can guarantee the effective date of purchase (for example the credit card statement) and the delivery date.
WHAT IS THE LACK OF CONFORMITY
There’s a lack of conformity, when the Products purchased:
Isn’t suitable at the use which need habitually products of the same type;
Is not in compliance with the description done by the seller and the product has not the quality that the seller has presented at the consumer like example or model;
The product has not quality and usual performances of the products of the same type, that the consumer can reasonably expect, also considered the declarations done in advertising and in tag;
Isn’t suitable at the particular use wanted to the consumer and that it was from this one brought to the attention of the seller at the moment of the conclusion if the contract and that the seller has accepted.
So, are excluded from the area of applicability of the Legal Guarantee possible breakdown, malfunctioning or other lack determinate to accidentally or to the responsibility of the user or rather from an use not in compliance at his functionality and/or as provided in the documentation attached at the Product, if there is, or in the use instruction relative at the same.
RELIEF AT ONE’S DISPOSAL OF THE USER
In the event of lack of conformity duly denounced in his terms, the user have the right:
In the main way, at the reparation or free replacement of the item, of your choice, unless the required relief be objectively impossible or excessively onerous compared to the other and, so, in this particular case, considered the typology of sale, at the substitution, where possible in relationship at the number of sample still available for the sale;
In a secondary way (namely in the event that the reparation or the replacement being impossible or excessively onerous or rather the reparation or the replacement has not been carried out within the adequate terms or rather the reparation or the replacement previously carried out have caused remarkable drawback t the consumer) at the reduction of the price or at the resolution of the contract, at your choice.
The asked relief is excessively onerous if impose to the seller unreasonable spending compared to the alternative relief which may be accomplished, in view (i) of the value that the item would’ve if there isn’t the lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative relief can be made without remarkable drawback for the consumer.
WHAT TO DO IN PRESENCE OF LACK OF CONFORMITY
In the event that a purchase product on the Site, during the period of validity of Legal Guarantee, show what might be a lack of conformity, the user should contact Client Service, at contact details and with the modality indicated at the Art. 16 “The Store” will give prompt comparison at the notice of presumed lack of conformity and will indicate at the user the specific procedure to follow, also to agree upon the shipping manner for the merchandise, taking in consideration also of the commodities sector whose the Product belongs and/or the lack reported.
REFUND OR REDUCTION CONSEQUENTLY AT THE APPLICATION OF LEGAL GURANTEE
In the event of contract resolution, “The Store” will return to the user the total amount paid, made up to purchase price of the Product, shipping amount and to any other possible additional cost. In case of cost reduction, “The Store” will return the reduction amount, previously agreed upon with the user. As an alternative, the user can choice to receive a voucher, spendable on the Site, of an equivalent price of the refund amount or, respectively, of the reduction whose have right.
The amount of refund or of reduction will be notice at the user via e-mail and credited on means or payment solution utilized by the user for the purchase. In the event that the user has chosen the voucher, instead of refund or reduction, the voucher will be credited in the user account and can be displayed entering in the section “Profile” on the Site.
“The Store” isn’t responsible in case of damage, of any disposition, deriving from an improper use of the Product or not in compliance at the instruction supplied from the producer as well as in case of damage deriving by pure chance or due to force majeure.
12. Conventional Guarantee of Producer
Product sold on the Site can be, depending on their disposition, covered by conventional guarantee grant issued by producer (“Conventional Guarantee”). The user can assert aforementioned guarantee only toward of producer. The duration, the extension, also local, the conditions and the manner of use, type of damages / lack covered and the possibile limitation of Conventional Guarantee depend on individual producer and are indicated in c.d. guarantee document contained in the Product package.
Conventional Guarantee have voluntary disposition and does not replace, not limit and not compromise nor exclude Legal Guarantee.
13. Customer Service Complaints
13.1 Is possible ask for information, sending notice, ask for assistance or forward complaints, by contacting Customer Service with following manner:
filling out and sending the available form in section Customer Service - Contact us of Site;
Via e-mail at the address email@example.com by telephone at the number +39 3923877054;
13.2 “The Store” will reply at the complaints submitted within 5 working days from the delivery of the same. 14. Exhaustiveness
Applicable law and competent court; out-of-court composition of controversy - alternative Resolution debate / Online Resolution debate
14.1 Current General Terms of Sales together with the information expressed in accordance with the Art. 49 Code of Consumption, before that the user bound by the contract, represent the integrity of the agreement between “The Store” and the users of Site with reference to contract concluded through Site.
14.2 Concluded contracts between the users of the Site and “The Store” are governed to Italian law. Is without prejudice the application to the consumer users that haven’t his usual residence in Italy of dispositions eventually more advantageous and binding provided for by law of the country in which they have usual residence, in particular in relationship with the terms for the execution fo the termination rights, at the end for the return of the Products, in the event of execution of this rights, at the manner and formality of the notice of the same and to the Legal Guarantee of Conformity.
14.3 We remind you that in the event that the consumer, for every controversy relative to application, exclusion and interpretation of current General Terms of Sale is in charge the court of the place where the user is located or have chose the residence.
14.4 In accordance with the Art. 141-sexies, 3 clause Legislative Decree 6 September 2005, n.206 (Code of Consumption), “The Store” inform the user that perform the position as consumer referred to in Art. 3, 1 clause, left. A) Code of Consumption, that, in case that he has presented a complaints directly at “The Store” as a result of which has not been possible solve the controversy so arise, “The Store” will supply the information on the matter of the system or to the systems of Alternative Resolution Debate for the extrajudicial solution of controversy relative at obligations deriving from terminated contract based on current General Terms of Sale (cc.d organism ADR, as specified at the Art. 141-bis and ss. Code of Consumption), specifying if he intend avail or not of aforementioned organisms to solve the same controversy.
“The Store” forever inform the user that perform the position as consumer referred at the Art. 3, 1clause, left A) Code of Consumption, which was established a European platform for the on-line solution of controversy of consumers (c.d. ODR platform). The ODR platform is accessible at the following address http://ec.europa.eu/consumers/odr/ ; by way of ODR platform consumer user could consult the list of the ADR organism, find the link at the site of each of them and launch the process of on-line solution of the controversy in which is implicated.
Are without prejudice in any case the rights of the consumer user to appeal judge ordinary in charge of the controversy arising from current General Terms of Sale, whatever be the result of the procedure of composition extrajudicial of the controversy related to the connection of consumption through petition at the procedure in accordance with Section V, Title II-bis Code of Consumption.
14.5 The user that inhabit in a state member of European Union different to Italy, can, moreover, enter, for each controversy relative at the application, execution or interpretation of Current Terms of Sale, at the European procedure established of the controversy of modest entity, by Regulation (CE) n. 861/2007 Council, of 11 July 2007, on condition that the amount of controversy does not exceed, excluded interests, rights and costs, Euro 2.000,00. The rules text is reachable on the site www.eurlex.europa.euf