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Premise
These general online sales conditions (hereinafter "GCS") govern the sales contract (hereinafter, the "Contract") of the products (hereinafter, the "product" or "products") offered by I RIGHI SRL Via degli Scariolanti, 16, 41012 Carpi MO PI 03801590369 (hereinafter, "Seller") - through its website www.arovescio.com (hereinafter, the "site") to users of the site (hereinafter, the "customers" or the "customer").
These general conditions of sale are understood to refer only and exclusively to customers who qualify as "consumers" pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206, ie "natural persons acting for purposes unrelated to any business or professional activity carried out", as well as adults.
All information contained on the site is in Italian. The customer declares to have read all the aforementioned information and general conditions of sale, before placing the order. The customer, before placing the order for the product, declares that the purchase of said product has no direct relationship with his professional activity, as their purchase is intended for personal use. The customer also declares to have the legal capacity to undertake in accordance with the provisions of these general conditions.
1 - Object
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online shop www.arovescio.com
2 - Territory and coverage of the offer
This version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or residence in the territory of the European Union.
3 - Contractual documents
This contract consists of the following documents:
• these general conditions of sale
• the order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are shown for descriptive purposes only.
4 - Receipt of order
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer that can be called into question only in the cases provided for by this contract in the articles "Right of withdrawal" and "Execution of the order".
5 - Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by I RIGHI SRL. The customer will receive by e-mail a notification of receipt showing the order confirmation with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs).
I RIGHI SRL reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem concerning the order received. I RIGHI SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer. II RIGHI SRL will also not be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport as well as for delays in delivery attributable to the latter.
6 - Availability of products
The offers contained on this site will be valid as long as the products listed remain online and while stocks last. I RIGHI SRL also reserves the right to communicate to the customer, at the email address associated with his profile, any unavailability of one or more of the products purchased. In the case of purchase of a product that is no longer available, II RIGHI SRL will refund (on the payment card or on the Pay Pal account indicated by the same for the purchase or by bank transfer whose details are intended to be communicated after registration) of the price and shipping costs incurred by the customer.
7 - Prices - Invoice
Prices are expressed in Euros and include 22% VAT. The guaranteed price to the buyer is the one published on the site at the time of sending; but product prices may be subject to updates. Make sure of the final sale price before submitting the relevant order form.
They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 - Payment
The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the specifically dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment. The payment of the consideration is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods.
The customer guarantees I RIGHI SRL to have any necessary authorizations to use the payment instrument indicated in the order.
In case of non-receipt by I RIGHI SRL of the payment, I RIGHI SRL reserves the right to cancel the order. In the case of payment by credit card, I RIGHI SRL reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of the requested sending, I RIGHI SRL may refuse the payment and cancel the order.
Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
9 - Transfer of risks
The transfer of risks to the customer takes place upon delivery of the products to the carrier by I RIGHI SRL. In the withdrawal period referred to in Article 13, the customer is responsible for the object as custodian. In case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
10 - Execution of the order
The order will be executed within the terms specified on the Site and upon acceptance of the order by I RIGHI SRL and in any case within 30 days following the confirmation of the order subject to the availability of the ordered product and subject to specific agreement between the parties. In case of out of stock or unavailability of the ordered product, I RIGHI SRL undertakes to inform the customer as soon as possible and to specify a possible term for renewed availability. See Article 6 regarding the availability of products.
11 - Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer. Delivery is to the street level unless otherwise indicated. The request for delivery to the floor of an order (where available) must be indicated by the customer at the time of the final confirmation of the order. Unless otherwise specified at the time of purchase. I RIGHI SRL, without prejudice to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier responsible for transporting them. I RIGHI SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer. Furthermore, I RIGHI SRL cannot be held responsible for any damage that may occur to the products after delivery to the carrier responsible for transporting them as well as for delays in delivery attributable to the latter. In the event that the carrier has been chosen by you other than those proposed during the purchase phase, the risk of damage and perishing of the Products is transferred to you already at the time of delivery to the carrier itself, precluding any dispute regarding the characteristics. external than what was delivered. In this case, any dispute must be raised directly by you against the carrier. Purchase requests from countries not included among those displayed on the splash page will not be accepted by the Seller.
Delivery is made by couriers selected by I RIGHI SRL; PO Boxes are not considered valid addresses for delivery purposes.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and release of the goods. Upon delivery, the customer must check the content, conformity and status of the product or products. Therefore, upon delivery, I RIGHI SRL recommends the customer to check the status of the products delivered before signing the receipt document. If anomalies are found, the customer must refuse the delivery of the products or put in writing their reservations, detailed and dated. These reservations must be confirmed to I RIGHI SRL by registered letter with return receipt within three (3) working days following the delivery of the products.
12 - Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the recipient even on the second delivery attempt, the products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the deadline set by the carrier, the products will be returned to I RIGHI SRL which reserves the right to refund the price of the products, leaving the cost of shipping, storage and return to be paid by the customer.
13- Right of withdrawal
* The customer has the right to withdraw from the Contract, without indicating the reasons, starting from the receipt of the order confirmation sent by I RIGHI SRL no later than 14 days from receipt of the product at the address indicated for delivery. The date indicated by the shipment tracking is full proof of receipt of the goods.
* To exercise the right of withdrawal, the customer is required to inform I RIGHI SRL by means of an explicit declaration (for example a letter sent by post, fax or e-mail to be sent to the address arovescio@arovescio.com). To this end, the customer can use the withdrawal form that the seller will send, but it is not mandatory. The communication must include an indication of the recipient's details, the order number and the date of receipt. To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
* If the product has already been delivered, the customer is required to return it to I RIGHI SRL without undue delay and in any case within 14 days from the day on which the customer communicated the withdrawal. The product is considered returned when it is delivered to the post office and / or accepting courier. The customer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If the product has been delivered, the substantial integrity of the product and its original packaging to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly packaged, packaged and provided with a tag; The Right of Withdrawal - in addition to compliance with the terms and methods described in the previous points, is understood to be exercised correctly if the following conditions are also fully met: - except as provided, by sending the return communication by letter / email / fax or other explicit declaration of your decision to withdraw from the contract, they must be correctly filled in and sent to the Seller within fourteen (14) days of receipt of the products; - the products must not have been used, worn, washed; - the identification tag must still be attached to the products with the disposable seal which is an integral part of the product; - the products must be returned in their original packaging; - the returned products must be delivered to the shipper within fourteen (14) days from when you notified the Seller of your decision to withdraw from the contract or, - the products must not be damaged.
The customer must insert a copy of the delivery document received inside the packaging box. The costs of returning the goods to I RIGHI SRL are charged to the customer. The risks of transport for the return of the products are fully borne by the customer.
14 - REFUND TIMES AND METHODS:
* After the return of the products, the Seller will make the necessary checks relating to the compliance of the same with the conditions and terms indicated in paragraph 13. In the event that the checks are concluded positively, the Seller will send you, via e-mail, the relative confirmation of acceptance of the returned products. In the event that the checks are not concluded positively, the Seller will notify you, via e-mail, of the existence of a decrease in the value of the returned products, resulting from your failure to comply with the conditions of withdrawal. At the same time, the Seller will also notify you of the amount that will be deducted from the sums paid by you for the purchase of the returned products; without prejudice, alternatively, to the possibility of regaining, at your expense, the products in the state in which they were returned to the Seller.
* If the customer requests the withdrawal from this contract, all payments made to I RIGHI SRL will be reimbursed, including delivery costs (with the exception of additional costs deriving from the customer's choice of a different type of delivery from the less expensive type of standard delivery offered by I RIGHI SRL) without undue delay and no later than 14 days from the day of receipt of the customer's communication about the withdrawal option. These refunds will be made using the same payment method that the customer has chosen for the initial transaction, unless the customer has expressly agreed otherwise; in any case, the customer will not have to incur any costs such as delivery of this refund.
* The refund will be made within fourteen days from the date on which I RIGHI SRL received the returned product in its warehouses in accordance with the above.
As provided for by Article 59 of the Consumer Code, the right of withdrawal governed by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter quickly. 1. The right of withdrawal pursuant to articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to: a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the seller; b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is unable to control and which may occur during the withdrawal period; c) the supply of goods made to measure or clearly personalized; d) the supply of sealed goods which cannot be returned for hygienic reasons or related to the protection of health and have been opened after delivery; e) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods; f) contracts in which the consumer has specifically requested a visit by the seller for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the seller provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
15 - Warranty
* On www.arovescio.com only products bearing the “AROVESCIO” brand and purchased directly by the Seller from the fashion house and / or the manufacturer authorized by the fashion house are offered for sale.
The Seller does not sell second-hand products, flawed products or products of lower quality than the corresponding standards offered on the market. * In order to guarantee high quality standards, the products are subjected to quality control procedures by I RIGHI SRL before being shipped. However, in the event of problems, all products sold by the Seller will be covered by the legal guarantee of twenty-four (24) months for lack of conformity, in accordance with the applicable law. The lack of conformity of the product must be communicated to the Seller within two (2) months of its discovery. The lack of conformity can be communicated to the Seller by contacting Customer Service. In the event of a lack of conformity, you have the right to request the repair or replacement of the product. In the event that the aforementioned remedies are not possible, due to unavailability or discontinued production of the product; you will be entitled to a reduction in the price paid or the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
* All products come with an identification tag. We ask you not to remove the tag and the relative seal from the purchased products, of which they are an integral part
* The Seller, in case of exercising your right of withdrawal, has the right not to accept the return or not to refund in full the sums paid for the purchase, in relation to those products that do not have the relative tag or that have been altered in their essential and qualitative characteristics or that they have been damaged, as better clarified in the paragraph Right of withdrawal
16 - Use of the site
The product descriptions and images on the site correspond to what is made available by the suppliers of I RIGHI SRL to I RIGHI SRL itself. The photographs and video presentation of the products accompanying the descriptive information are published on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variations, may depend on software and IT tools used by the customer when connecting to the site. I RIGHI SRL assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.
17 - Intellectual and industrial property rights
I RIGHI SRL informs that the site, as well as all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication is prohibited. , alteration or transformation, in any form and for any purpose they take place. I RIGHI SRL reserves the right to act legally to protect these aspects. I RIGHI SRL assumes no responsibility for trademarks and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
18 - Protection of personal data
I RIGHI SRL is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information relating to the processing of personal data, including the rights referred to in art. 7 of Legislative Decree 196/03 and EU Regulation 2016/679, please refer to the detailed information already provided at the time of registration on the Website www.arovescio.com or available on the Privacy page published on our website.
19 - Electronic signature
The "validation click" constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
20 - Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer may be included in or out of these general conditions.
21 - Nullity
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
21 - Communications
For any communication it is possible to contact I RIGHI SRL at the following addresses: Via degli Scariolanti, 16, 41012 Carpi MO - P.I. 03801590369 email: arovescio@arovescio.com
22 - Applicable Law and Jurisdiction
The sales contract concluded between the Customer and I RIGHI SRL is considered concluded in Italy and governed by Italian law, in particular by the provisions of the Civil Code, by Legislative Decree 185/99 relating to distance contracts, by Legislative Decree 70/2003 relating to contracts concluded electronically, by the Consumer Code and any additions and amendments thereto. For the resolution of all disputes arising from the sales contract between I RIGHI SRL and the Customer, only the Judicial Offices of the Court of Reggio Emilia will be competent, except in the case in which the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the business or professional activity carried out. In this case, the Court of the place where the Customer has his residence or domicile will be exclusively competent, if located in the territory of the Italian State.