GENERAL ONLINE SALES CONDITIONS
General conditions of sale of the company Zanuso srl based in Zanè (VI), Via del Costo 16, VAT Reg. 03378220242, email: firstname.lastname@example.org, in the person of its pro tempore legal representative (hereinafter, Seller); Whereas:
• the Seller manages activities relating to the sale of products with its brand on the website Pomandère (hereinafter "Website");
• the Website is primarily a marketing website, also intended for commercial transactions between both businesspersons and/or professionals (B2B), and between entrepreneurs and consumers (B2C)
• the customer must have the requisites for entering into legally binding contracts, including that of being over-age;
• by the expression "General Online Sales Conditions", is meant the sales contract relating to the consumer goods of the Seller executed between the Seller and the Buyer as part of a distance sales system organized by the Seller;
• these sales condition govern the online sale between the company Zanuso srl based in Zanè (VI), Via del Costo 16, VAT Reg. 03378220242 and the Buyer, which accepts these sales conditions and, if a “Consumer”, expressly declares making the purchase for purposes unrelated to any business or professional activity performed, as required by Leg. Decree 206/2005;
• this preamble is an integral and substantial part of the contract; the following is agreed:
1. PURPOSE OF THE CONTRACT
1.1 These general conditions, placed at the disposal of the Buyer for reproduction and filing pursuant to art. 12, Leg. Decree no. 70 dated 9 April 2003, refer to the purchase of products, made at a distance and through computer network and specifically through the Website internet Pomandère belonging to the Seller.
1.2 By means of this contract, the Seller sells and the Buyer purchases, respectively, at a distance, the products indicated and offered for sale on the Seller’s Website; the main characteristics of the products are provided and described on the Website, with an overall presentation of each which is faithful, truthful, correct and not misleading. In this respect, it is pointed out that due to the characteristics and the technical limits of photographic reproduction of the products on the Website the image of any one product may not be representative of its characteristics.
2. ACCEPTANCE OF SALES CONDITIONS
2.1 All purchase orders will be sent by the Buyer to the Seller following registration on the Website and entering of ID and PW with access to a reserved area by means of secure protocol and, therefore, through the completion of the indicated purchasing procedure. The Buyer is strictly forbidden from entering false and/or invented, and/or fantasy data during the registration procedure using the specific electronic form. The Buyer holds the Seller harmless as regards all liability deriving from the issuing of erroneous tax documents due to errors relating to the data provided by the Buyer, the latter being the only party responsible for correct data entering.
2.2 These sales conditions must be examined "online" by the Buyer, before the completion of the purchase procedure. The sending of the purchase order by the Buyer therefore implies the complete knowledge of same and their complete acceptance. This means that the Buyer fully accepts these sales condition and undertakes to observe the general and payment conditions indicated below in its relations with the Seller.
2.3 The acceptance of the sales conditions must be indicated by affixing “flags” in the field provided.
3. PURCHASE PROCEDURES AND SALES PRICES
3.1 The sales prices of the products (hereinafter “Sales Price”) on the Website are expressed in euro (EUR) and American dollars (USD). The Sales Prices of each product will be clearly indicated together with the total purchase price calculation procedures (so-called End Price), which as specified at par. 6.1 could be made up of the total of the Sales Price and the carriage and delivery costs of the products by couriers and/or forwarders appointed by the Seller. The Buyer, at the time of online purchase, will make use of the “Proceed with payment” button to signify both confirmation of acceptance of the sale in question, and of the shipment and delivery procedures chosen by the Buyer, and of the sending of the purchase order in the identified quantities and of the obligation to pay the Seller the End Price. Once the order has been sent, it will no longer be possible to amend it in any way.
3.2 The Sales Prices and the End Prices shall be deemed inclusive of VAT and all other applicable levy and tax. Outside the EU, national taxes and customs duties are to the charge of the buyer.
3.3 The Seller, after checking the availability of the selected product, will formally confirm the received order by email and only from that time on will the Seller’s obligations become effective for the sale and dispatch of the products in accordance with this contract.
3.4 The Buyer expressly attributes to the Seller the faculty to confirm, including only partially, the order made (e.g., in the event of all the ordered products not being available). In such case, the contract shall be deemed executed only in relation to the goods actually available and confirmed by email by the Seller
4. CONTRACT EXECUTION
4.1 The Contract executed through the Website shall be deemed executed at the time the Buyer receives, via email, a formal order confirmation pursuant to art. 3.3 above, by means of which the Seller accepts the order sent by the Buyer and informs it that it is able to execute the order itself. The Buyer therefore undertakes to print and store these general conditions, already read and accepted as an obligatory step in the purchase procedure, as well as the specifications of the product to which the purchase refers, and this for the purpose of fully complying with legal provisions.
4.2 The Contract shall be deemed executed in the place where the Seller’s registered offices are located. Excepting in cases of impossibility to provide services for reasons beyond the control of the Seller and/or a condition of momentary technical malfunction of the software or the purchasing system of the Website which make presume as available products which are not in fact available, the latter undertakes to provide the selected products following receipt of payment of the End Price due pursuant to this contract.
4.3 The Seller shall not be deemed responsible with respect to the Buyer, except in the case of wilful fraud or serious fault, for disruptions or malfunctions relating to the use of the Internet which are beyond the control of the Seller.
5. PAYMENT CONDITIONS
5.1 Notwithstanding the Seller’s right to enter and implement in future further payment methods aimed at providing an even better service to Website users, the Buyer acknowledges and accepts that – at the date of sale of the objects to which this contract refers – payment by the Buyer shall be made only: A) online by means of Visa, Mastercard, American Express, JCB, Discover and Diners Club credit card circuits. The purchase amount will be withheld by the Buyer’s availability fund at the time of purchase and will be subsequently charged according to normal practice to the circuit of the selected credit card. B) online by means of the Paypal payment system; the purchase amount will be withheld by the Buyer’s availability fund at the time of purchase and will be charged before order dispatch in accordance with the verifications required by the Paypal system itself. C) by bank transfer to the IBAN coordinates provided by the Seller by email; in this case the contract shall be deemed executed and the order shall only be executed following payment of the price onto the Seller’s current account within 5 (five) workdays; after such time, the order will be deemed cancelled;
5.2 The Seller disclaims all liability for any fraudulent and illegal use which might be made by third parties of the credit cards and of the other means of payment, at the time of payment of the purchased products, as long as it is able to prove having taken all possible precautions according to the best state of the art and ordinary diligence.
5.3 The Buyer shall be entitled to make use of promotional codes issued only by Pomandère by means of newsletter and/or social network and/or available on promotional websites approved by the Seller. The promotional codes have a time duration limited to the period indicated on each code.
6. DELIVERY PROCEDURES
6.1 The Seller will deliver the ordered products to the Buyer, to an address indicated by the latter on the purchase order, according to the procedures indicated in the above articles, using an DHL courier with Standard or Express service. Items from Pomandère collection will be shipped to Italy in 1-2 business days (Monday-Friday) from order confirmation. Items from Pomandère clothing collection will be shipped to Italy in 10-15 business days (Monday-Friday) from order confirmation. During sales or promotion periods, shipments (processing times) could take longer. Delivery times: 1-2 business days in Italy, 1-5 business days in Europe and 2-3 business days in extra-Eu countries. 6.2 The Buyer may check the progress of the purchase by accessing his/her personal profile created on the website Pomandère.
6.3 The Seller shall not be responsible for late deliveries or failure to deliver and/or for any additional costs sustained by the Buyer if due for customs operations and controls and/or wrong or incomplete notification of the address by the Buyer and/or due to circumstances beyond the control of the Seller and/or due to fortuitous or force majeure cases.
6.4 Upon receipt of the goods, the Buyer must check the integrity of the package and products and the conformity of the product delivered to it on the basis of the placed order, and is also obliged to immediately inform the Seller of any tampering or damage affecting the package and the products. In any case, the Buyer shall hastily ensure the Seller is informed of any problems affecting receipt of the products so as to enable the Seller to make a better quality control of the services rendered – directly and/or through third parties – pursuant to this contract.
6.5 Where it is not possible to deliver the product due to fact or fault attributable to the Buyer, the latter forthwith authorizes the Seller to deduct from the reimbursement due for the price paid the shipment costs sustained, as well as any customs costs paid or to be paid.
7.1 In case of queries, claims or suggestions, the Buyer can contact the Seller at the address email@example.com.
7.2 In the event of conformity defects, the provisions shall apply of Leg. Decree no. 206 dated 6 September 2005 with reference to the transactions subject to the aforementioned legislation only. The fault must be reported using the special form and following the procedures indicated for returned goods.
7.3 The Seller reserves the right to ask for photographic evidence of the reported fault before authorizing the return of the product. The faulty product will be replaced by the Seller, with return carriage and shipment to the charge of the latter, with an identical product, if available, or refund of the price paid.
8. SELLER’S RETURN POLICY / RIGHT OF WITHDRAWAL PURSUANT TO LEG. DECREE No. 206/2005
8.1 Without prejudice to the separate cases of warranty due to product conformity faults or defects as referred to in art. 7 above, the Buyer, only operating as a “Consumer”, shall in any case be entitled to the right of withdrawal from this contract within 14 (fourteen) days, starting on the date of receipt by the Buyer – and/or by a third party indicated by the Buyer, in any case other than the courier and/or the forwarder – of the product purchased by means of this contract. Please be informed that the product can only be replaced once.
8.2 The returned goods authorization request must be sent to the address firstname.lastname@example.org indicating in the request the original order number. The Seller will authorize the return of the goods by means of an email containing the returned goods authorization number and the instructions to be followed to return the goods.
8.3 Following receipt of the returned goods confirmation email, the Buyer must undertake to send the products to the Seller within 14 (fourteen) days from the date on which the Buyer notified its intention to withdraw from the contract. Returned goods carriage costs are to the charge of the Buyer.
8.4 The Seller reserves the right to accept the returned goods if the following conditions exist: The price tag and bar code on the returned articles must not be cut or broken; Each article must be returned complete with all labels, packaging and original undamaged accessories (dustbags, pluribol.) received together with the order. The articles must not have been washed or altered and must not bear any sign of use; The returned goods must be sent inside the box in which they were originally dispatched. The returned goods authorized by Pomandère must be sent from the same country to which the original order was delivered; The returned goods have been sent by a courier other than the one indicated in the returned goods authorization email.
8.5 The Seller forthwith reserves the right not to accept unauthorized returned goods or goods sent using procedures other than those contained in the returned goods instructions. In case of such other procedures being used, the Seller will return the products to the Buyer. Any acceptance of such returned goods shall however involve a charge equal to 10%of the value of the returned goods.
8.6 In exercising its right of withdrawal and if purchasing as a “Consumer”, the Buyer can request a refund: the price will be refunded after the Seller has checked the products returned within 14 (fourteen) days in the same currency as the original purchase; any differences due to currency exchange fluctuation will not be refunded. It remains understood that the Seller reserves the right to deduct from the amount to be refunded the carriage costs sustained by it. For orders paid by Credit Card or Bank Transfer, the amount will be made available to the customer according to the time frames of the chosen bank circuit; for orders paid by Paypal, the price will be refunded onto the original account.
8.7 The Seller forthwith reserves the right not to accept goods returned using procedures other than those contained in the returned goods instructions; in such cases, the Seller will return the products to the Buyer, without prejudice to the possibility of withholding the returned goods and charging the Buyer an amount equal to 10%the value of the returned product. 8.8 In all cases other than the transactions governed by Leg. Decree 206/2005, the provisions of the Italian Civil Code shall apply.
9. INTELLECTUAL PROPERTY RIGHTS
The Pomandère trademark and the figurative and non-figurative trademarks as a whole, and more in general all the other trademarks, illustrations, images and logos on the products, relative accessories and/or packaging, whether registered or not, are and remain the exclusive property of the company Zanuso srl based in Zanè (VI) in via del Costo 16. The total or partial reproduction, amendment or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without express prior authorization, is strictly forbidden.
10. COMPETENT LAW COURT AND APPLICABLE LAW
10.1 This contract is regulated by Italian law. For everything not expressly provided, reference shall be made to applicable legal provisions, to the specific clauses of this contract and, in any case, to provisions of the Italian civil code relating to transactions between professional persons/entrepreneurs and Leg. Decree no, 206 dated 6 September 2005 (Consumer Code) for transactions with the “Consumer”.
10.2 In case of disputes deriving from this contract or related thereto, the parties undertake to try and reach an amicable settlement. 10.3 If an amicable settlement cannot be reached and in any case within six months from the start of the dispute, this shall be referred to the law court of Vicenza only or to the law court indicated by the Consumer Code where applicable.
11. FINAL CLAUSES
11.1 This contract cancels and replaces all previous agreements, understandings, negotiations, written or oral between the parties and concerning the purpose of this contract.
11.2 Any ineffectiveness of any of the clauses shall not affect the validity of the contract as a whole.
11.3 These general sales conditions have been drawn up in the English and Italian languages. In case of problems concerning the construal thereof, the parties agree that the authentic and effective text shall be that in the Italian language. ACCEPTANCE OF GENERAL CONDITIONS BY BUYER Pursuant to and by the effects of articles 1341 and 1342 of the Italian civil code, the Buyer declares having carefully read the contract and expressly approving the following clauses: Art. 2 (Acceptance of sales conditions), Art. 3 (Purchase procedures and sales prices), Art. 4 (Contract execution), Art. 6 (Delivery procedures), Art. 7 (Warranties and conditions of assistance), Art. 8 (Seller’s return policy/Right of Withdrawal pursuant to Leg. Decree 206/2005), Art. 10 (Competent law court and applicable law).