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General Terms and Conditions of Sale
Foreword
These general conditions of sale online (hereinafter, "GTC") govern the contract of sale (hereinafter, the "Contract") of products (hereinafter, the "product" or the "products") offered by I RIGHI SRL Via degli Scariolanti, 16, 41012 Carpi MO P.I. 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 intended to refer only and exclusively to customers who qualify as "consumers" within the meaning of art. 3, co. 1, lett. a), of Legislative Decree no. 206 of September 6, 2005, i.e. "natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out", as well as over 18 years of age.
All information contained in the site is in Italian. The customer declares, that he/she has 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 relation to his/her professional activity, their purchase being intended for personal use.
The customer also declares that he/she has the legal capacity to commit according to the provisions of these general conditions.
1 -Subject matter
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store 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 -Contract Documents
This contract consists of the following documents:
- these general terms and conditions of sale
- the order confirmation
Photographs illustrating the products on the site are outside the scope of the contract 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 in this contract in the articles "Right of withdrawal" and "Execution of the order ".
5- Acceptance of order
The conclusion of the contract will take place only at the time of confirmation of the order by I RIGHI SRL.
The customer will receive by e-mail a notification of receipt showing the confirmation of the order 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 pertaining in particular to a problem with the supply of products, or a problem concerning the order received.
I RIGHI SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. II RIGHI SRL can also not be held responsible for any damage that may occur to the products after delivery to the carrier responsible for their transport as well as for delays in delivery attributable to the latter.
6- Availability of products
The offers contained in 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 notify the customer, to the email address associated with his profile, the possible unavailability of one or more of the products purchased. In the case of purchase of product no longer available II RIGHI SRL will refund (on the payment card or 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 in Euro and include VAT at 22%.
The price guaranteed to the buyer is that published on the site at the time of sending; but the prices of products may be subject to updates. Be sure of the final sale price before submitting the relevant order form.
They do not include any delivery charges, 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 will through a request made directly on the site, in the section specifically dedicated, 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 moment of the order. The customer agrees to pay the agreed price for the product ordered on the site (price of products and transport) through the available methods of payment.
The customer warrants to I RIGHI SRL to have any necessary authorizations to use the means of payment 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 required sending, I RIGHI SRL may refuse the payment and cancel the order.
The data relating to the payment will be processed through a secure server-to-server connection using the SSL Protocol (Secure Sockets Layer).
9- Transfer of risks
The transfer of risks to the customer occurs upon delivery of the products to the carrier by I RIGHI SRL . During the withdrawal period mentioned in Article 13, the customer is responsible for the item as custodian. In the event of damage or destruction of the product during the custody of the customer, the customer shall suffer all the consequences.
10 -Execution of the order
The order will be executed in the terms specified on the Site and upon acceptance of the order by I RIGHI SRL and in any case within 30 days after the confirmation of the order subject to the availability of the product ordered and unless specifically agreed between the parties.
In the event of stock depletion or unavailability of the product ordered, I RIGHI SRL undertakes to inform the customer as soon as possible and specify a possible term of renewed availability.
See art.6 regarding the availability of products.
11 - Delivery
The geographical area of delivery corresponds to the geographical area of coverage of the offer. Deliveries are made from Monday to Friday.
Products are delivered to the address indicated by the customer. Delivery is at street level unless otherwise indicated. A request for delivery to the street level of an order (where available) must be indicated by the customer upon final confirmation of the order. Unless otherwise specified in the purchase.
I RIGHI SRL, subject 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 the transport of the same. I RIGHI SRL can not be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. I RIGHI SRL can also not be held responsible for any damage that may occur to the products after delivery to the carrier responsible for the transport of the same as well as for delays in delivery attributable to the latter.
In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, 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 external characteristics of what was delivered. In this case, any dispute must be made directly by you against the carrier.
Purchase requests from countries not included among those displayed on the splash page cannot be accepted by the Seller.
Delivery is made by couriers selected by I RIGHI SRL ; P.O. 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 shall constitute proof in the matter of transportation and release of the goods.
Upon delivery, the customer shall verify the content, conformity and condition of the product(s). Therefore, upon delivery, I RIGHI SRL recommends that the customer proceed to verify the state of the delivered product(s) before signing the receipt document.
If anomalies are found, the customer must refuse delivery of the product(s) or put in writing its reserves, detailed and dated. These reservations must be confirmed to I RIGHI SRL by registered letter with acknowledgement of receipt within three (3) working days following the delivery of the products.
12 - Withdrawal of products in case of absence of the customer
In case of absence of the consignee during delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the addressee even on the second delivery attempt, the products must be picked up at the address and in the manner specified by the carrier.
In case of failure to pick up within the time limit 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 shipping, storage and return costs to be borne by the customer.
13-Right of Withdrawal
*The customer has the right to withdraw from the Contract, without giving any reason, from the receipt of the order confirmation sent by I RIGHI SRL no later than 14 days after receipt of the product at the address indicated for delivery.
The date shown by the tracking of the shipment is full proof of receipt of the goods.
*To exercise the right of withdrawal, the customer must inform I RIGHI SRL by an explicit statement (such as letter sent by mail, fax or e-mail to be sent to arovescio@arovescio.com). For this purpose, the customer may use the standard withdrawal form that the seller will send, but it is not mandatory. The notice must include the recipient's contact details, order number and date of receipt. To comply with the withdrawal period, it is sufficient for the customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
*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 deemed to be returned the moment it is delivered to the accepting post office and/or courier. The customer is responsible for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. Where there has been delivery of the product, the substantial integrity of the product and its original packaging to be returned is an essential condition for the exercise of 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 procedures described in the preceding points, is understood to be properly exercised if the following conditions are also fully complied with:
- except as provided, transmitting the return communication by letter/email/fax or other explicit statement of your decision to withdraw from the contract must be properly completed and transmitted 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 that constitutes an integral part of the goods;
- the products must be returned in their original packaging;
- the returned products must be delivered to the shipper within fourteen (14) days starting from when you informed the Seller of your decision to withdraw from the contract or,
- the products must not be damaged.
The customer must place inside the packaging box a copy of the delivery document received.
The cost of returning the goods to I RIGHI SRL shall be borne by the customer. The risks of transportation for the return of products are fully borne by the customer.
14 - TIMES AND METHODS OF REFUND:
*After the return of the products, the Seller shall make the necessary verifications regarding the conformity of the same with the conditions and terms indicated in paragraph 13. In the event that the verifications are positively concluded, the Seller shall proceed to send you, via e-mail, the relevant confirmation of acceptance of the products thus returned. In the event that the verifications are not concluded positively, the Seller shall notify you, by e-mail, the existence of a decrease in the value of the products returned, resulting from your failure to comply with the conditions of withdrawal. At the same time, the Seller shall 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 re-obtaining, at your expense, the products in the state in which they were returned to the Seller.
*If you request withdrawal from this contract, you will be refunded all payments you have made to I RIGHI SRL, including delivery costs (except for additional costs resulting from your choice, if any, of a type of delivery other than the least 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 your notice of your withdrawal option. Said refunds shall be made using the same means of payment that the customer chose for the initial transaction, unless the customer has expressly agreed otherwise; in any case, the customer shall not incur any cost as delivery of such refund.
*The refund will take place, within the period of fourteen days from the date on which I RIGHI SRL has received in its warehouses the product returned in accordance with the above.
As provided by 'art.59 of the Consumer Code, the right of withdrawal governed by these terms of sale does not apply to goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or alter rapidly.
1. The right of withdrawal referred to in Articles 52 to 58 for distance and off-premises contracts is excluded with respect to:
(a) service contracts after the full performance of the service if performance has begun with the consumer's express agreement and acceptance of the loss of the right of withdrawal following full performance 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 that may occur during the withdrawal period
(c) the supply of custom-made or clearly personalized goods;
(d) the supply of sealed goods that are not suitable for return for hygienic reasons or reasons related to health protection and have been opened after delivery;
(e) the supply of goods that, 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 such a visit, the seller provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal applies to such additional services or goods;
15 - Warranty
*On www.arovescio.com are offered for sale exclusively products marked with the brand "AROVESCIO" and purchased directly by the Seller from the fashion house and / or the manufacturer authorized by the fashion house.
The Seller does not sell used, irregular or substandard products below the corresponding standards offered on the market.
*In order to ensure high quality standards, products are subjected to quality control procedures by I RIGHI SRL before being shipped. However in case of inconvenience, all products sold by the Seller will be covered by the legal warranty of twenty-four (24) months for conformity defects, in accordance with the applicable law. The lack of conformity of the product must be reported to the Seller within two (2) months after its discovery. The lack of conformity can be reported to the Seller by contacting Customer Service. In case of lack of conformity you have the right to request repair or replacement of the product. In the event that the above remedies are not possible, due to unavailability or discontinued production of the product; you will be entitled to a reduction of the price paid or termination of the contract of sale, pursuant to Article 130 of the Consumer Code.
*All products come with an identification tag. We ask you not to remove the tag and its seal from the purchased products, of which they are an integral part
*The Seller, in the event of the exercise of 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 are devoid of the relevant tag or that have been altered in their essential and qualitative characteristics or that have been damaged, as further 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 videos presenting 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 variants, may depend on software and computer tools used by the customer at the time of connection to the site. I RIGHI SRL assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as not dependent on its own will.
17 - Intellectual and industrial property rights
I RIGHI SRL informs you that the site, as well as all trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that it is prohibited any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose they occur. I RIGHI SRL reserves the right to take legal action to protect these aspects. I RIGHI SRL assumes no responsibility for the trademarks and other distinctive signs that appear on the products marketed by it on the site, with respect to which the customer acquires no rights as a result of 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 data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information regarding the processing of personal data, including the rights under Article 7 of Legislative Decree 196/03 and EU Regulation 2016/679, please refer to the detailed information already provided at the time of registration to the Site www.arovescio.como available on the Privacy page published on our site.
19 -Electronic signature
The "click of validation" 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 inserted or exempt from these general conditions.
21 -Nullity
Should one or more of the provisions of these general conditions be considered invalid or declared so in application of a law, regulation or as a result of a final decision made by a competent jurisdiction, the other provisions shall retain all their force and value.
21 - Communications
For any communication you may 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 Competent Court
The contract of sale 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, Legislative Decree 185/99 relating to distance contracts, Legislative Decree 70/2003 relating to contracts concluded by telematic means, the Consumer Code and their possible additions and amendments. For the resolution of all disputes arising from the contract of sale between I RIGHI SRL and the Customer, will be exclusively competent the Judicial Offices of the Court of Reggio Emilia, except where 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, if located in the territory of the Italian State, shall have exclusive jurisdiction.