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GENERAL CONDITIONS OF SALE
Elena Vorontsova, domiciled in Bologna 40134 (Italy), Via Valeriani 29, Tax Code VRNLNE80T58Z154W and VAT number IT 03567960988, e-mail: customercare@aglae.it, (hereinafter, Seller);
Given:
- that the Seller manages the activities related to the sale of products with its own brand on the www.aglae.it website (hereinafter "Site");
- that the Site is primarily intended for commercial transactions between entrepreneur and consumer (B2C) in the EU and EEA countries, as well as in the rest of the world;
- that the customer must meet the necessary requirements for the conclusion of legally binding contracts, including the age of majority;
- that, with the expression "General Conditions of Online Sale", means the contract of sale relating to the Seller's consumer goods stipulated between them and the Buyer as part of a distance selling system organized by the Seller;
- that these conditions of sale rule the online sale between the Seller and the Buyer who accepts these General Conditions of Online Sale and, if he holds the quality of "Consumer", expressly declares to make the purchase for purposes unrelated to any commercial or professional activity carried out, as required by Legislative Decree 206/2005;
- that these premises constitute an integral and substantial part of the contract;
It is agreed that:
1. OBJECT OF THE CONTRACT
1.1 These General Conditions of Online Sale, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree no. 70 of 9 April 2003, concerns the purchase of products, carried out remotely and by means of a computer network, through the Site belonging to the Seller.
1.2 With this contract, respectively, the Seller sells and the Buyer purchases remotely the products indicated and offered for sale on the Seller's Site; the main characteristics of the products are illustrated and described on the Site, with an overall presentation of each of them faithful, truthful, correct and not misleading. It should be noted in this regard that due to the characteristics and technical limits of photo/videographic reproduction of the products on the Site, the image accompanying a product may not be perfectly representative of its characteristics.
2. ACCEPTANCE OF THE CONDITIONS OF SALE
2.1 In customercare to complete the purchase customercare, the Buyer is required to accept these General Conditions of Online Sale pursuant to Article 1341 of the Civil Code, including the clauses specifically indicated pursuant to Article 1342 of the Italian Civil Code.
3. PURCHASE METHODS AND SALES PRICES
3.1 The sales prices of the products (hereinafter "Sale Price") on the Site are expressed in Euro (EUR). The Sales Prices of each product and the methods for calculating the total purchase price (so-called Final Price) will be clearly indicated, which as specified in point 6.1 could be constituted by the sum of the Sale Price and the costs of shipping and delivery of the products by couriers and / or shippers appointed by the Seller. The Buyer, at the time of online purchase, will take advantage of the "Proceed with payment" button as a simultaneous confirmation of both the acceptance of the sale in question, and the shipping and delivery methods chosen by the Buyer, both the sending of the purchase customercare in the quantity identified and the onset of the obligation to pay the Final Price to the Seller. After sending the customercare it will not be possible to make any changes to it.
3.2 The Sales Prices and the Final Prices must be understood as inclusive of VAT and any other applicable tax and tax. For non-EU countries, national and customs taxes are charged to the buyer.
3.3 The Seller, after checking the availability of the chosen product, will formally confirm the customercare received by e-mail and only from that moment will the obligations to sell and send the products provided for by the Seller pursuant to this contract be effective towards him.
3.4 The Buyer expressly grants the Seller the right to confirm even partially the customercare placed (for example in the event that there is no availability of all the products customercareed). In this case, the contract will be considered perfected only in relation to the goods actually available and confirmed by e-mail from the Seller.
4. CONCLUSION OF THE CONTRACT
4.1 The Contract stipulated through the Site is concluded when the Buyer receives, by e-mail, the formal confirmation of the customercare pursuant to art. 3.3 above, through which the Seller accepts the customercare sent by the Buyer and informs him that he can proceed with the fulfillment of the same. The Buyer, therefore, undertakes to provide for the printing and storage of these general conditions, already viewed and accepted as an obligatory step in the purchase procedure, as well as the specifications of the product being purchased, and this in customercare to fully satisfy the legal conditions.
4.2 The Contract is concluded at the place where the Seller's registered office is located. Except in the case of impossibility of performance for reasons not attributable to the Seller and/or the hypothesis of temporary technical malfunctions of the software or the purchase system of the Site that suggest that products are not actually available, the latter undertakes to supply the selected products following receipt of payment of the Final Price due under this contract.
4.3 The Seller cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet that are beyond the control of the Seller.
5. PAYMENT METHODS
5.1 Without prejudice to the Seller's right to insert and implement in the future additional payment methods aimed at offering an even higher service to users of the Site, the Buyer acknowledges and accepts that - on the date of sale of the products covered by this contract - payment by the Buyer can be made exclusively online through the Stripe platform and, then, through the credit card circuit Visa, Mastercard and American Express, JCB and Diners Club. The amount of the purchase will be withheld from the Buyer's availability fund at the time of purchase and will subsequently be charged according to the practice in use at the chosen credit card circuit.
5.2 The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
6. DELIVERY METHODS AND COSTS
6.1 The Seller will deliver the customercareed products to the Buyer, at the address indicated by the latter in the purchase customercare, in the manner provided for in the previous articles, by courier. The costs of shipping and delivery of the products by couriers and / or shippers in charge are free, with the exception of a contribution of Euro 20 for shipments concerning customercares under 300 Euro. Items are generally shipped in 1-2 working days (Monday to Friday) from the date of the customercare The times for delivery of the shipment are generally 1-2 working days for deliveries in Italy, in 1-5 working days for deliveries to the remaining EU countries and in the EEA States, in 1-7 working days for deliveries to other countries of the world.
6.2 The Seller shall not be liable for delay or non-delivery and/or for any additional costs incurred by the Buyer if due to customs operations and controls and/or due to incorrect or incomplete communication of the address by the Buyer and/or due to circumstances unrelated to the Seller and/or due to unforeseeable circumstances or force majeure.
6.3 Upon receipt of the goods, the Buyer is required to verify the integrity of the package and the products, the conformity of the product delivered to him with the customercare placed, as well as being obliged to immediately report to the Seller any tampering or damage detected on the package and on the products. In any case, the Buyer will take care and care to inform the Seller about any problem encountered in the receipt of the products, in customercare to allow the Seller to operate a better quality control about the services rendered - directly and / or through third parties - under this contract.
6.4 In case of impossibility to deliver the product due to fact or fault attributable to the Buyer, the aforementioned authorizes the Seller to deduct from the refund due of the price paid the shipping costs incurred, as well as any customs charges paid or to be paid.
7. WARRANTIES
7.1 In case of questions, complaints or suggestions, the Buyer may contact the Seller via the email address customercare@aglae.it.
7.2 In the event of lack of conformity, the rules referred to in Legislative Decree no. 206 of 6 September 2005 will apply only to transactions subject to the aforementioned discipline. The report of the defect must be made using the email address customercare@aglae.it.
7.3 The Seller reserves the right to request photographic evidence of the defect complained of before consenting to the return of the product. The defective product will be replaced by the Seller with return and shipping costs charged to the latter, with an equal product, if available, or with reimbursement of the price paid.
8. RIGHT OF WITHDRAWAL
8.1 Without prejudice to the separate warranty hypotheses for defects or lack of conformity of the products referred to in art. 7, the Buyer, only if acting as a "Consumer", will in any case have a right of withdrawal from this contract within 14 (fourteen) days, starting from the day of receipt by the Buyer - and / or third party indicated by him, however different from the courier and / or the shipper - of the product purchased with this contract. Please note that the replacement of the product is only possible once.
8.2 The request for return authorization must be sent to the address customercare@aglae.it indicating the original customercare number in the subject of the communication, or through your personal page or by accessing your customercare through the "Search your customercare" page The Seller will authorize the return by sending confirmation by e-mail containing the return authorization number and the instructions to be followed to ship the goods.
8.3 Following receipt of the return confirmation e-mail. The Buyer is obliged to ship the products to the Seller within 14 (fourteen) days from the date on which the Buyer has communicated its intention to withdraw from the contract. The shipping costs of the return are charged to the Buyer.
8.4 The Seller reserves the right to accept the return in the presence of the following conditions: each item must be returned including all labels, packaging and original accessories not damaged (dustbags, pluribol) received with the customercare; the articles must not have been washed or altered and must not show any sign of use; Returns must be shipped inside the box with which the original goods were shipped. Returns authorized by the Seller must be shipped from the same country where the original customercare was delivered and by the courier indicated in the e-mail authorizing the return of the goods.
8.5 The Seller reserves the right not to accept unauthorized returns or sent in ways other than those contained in the return instructions, in which case the Seller will return the products to the Buyer. Any acceptance of such returns involves, however, a charge equal to 15% of the value of the returned goods.
8.6 The Buyer, if he purchases as a "Consumer", in the exercise of his right of withdrawal, may request a refund of the price: the refund of the price will be made following the verification of the Seller of the returned products within 14 (fourteen) days, in the currency of the original purchase; Any differences due to exchange rate fluctuations will not be returned. For customercares paid by credit card through the Stripe platform, the amount will be available to the customer according to the timing of the chosen banking circuit.
8.7 Except in the cases of transactions governed by Legislative Decree 206/2005, the provisions of the Italian Civil Code will apply.
9. INTELLECTUAL PROPERTY RIGHTS
The "Aglaё" trademark, the www.aglae.it domain as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the products, on the related accessories and / or packaging, whether registered or not, are and remain the exclusive property of Elena Vorontsova, domiciled in Bologna (Italy), Via Valeriani 29, C.F. VRNLNE80T58Z154W e P. IVA IT 03567960988. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement are strictly prohibited.
10. JURISDICTION AND APPLICABLE LAW
10.1 This contract is governed by Italian law. For anything not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply and, in any case, the rules of the Italian Civil Code for transactions between professionals / entrepreneurs and of Legislative Decree 6 September 2005, n. 206 (Consumer Code) for transactions with the "Consumer".
10.2 In the event of disputes arising from this contract or connected to it, the parties undertake to seek a fair and good-natured settlement among themselves.
10.3 If the dispute has not been resolved amicably, and in any case within six months from the date of its initiation, the same will be brought to the exclusive knowledge of the Court of Bologna or the Court provided for by the Consumer Code, where applicable.
11. FINAL CLAUSES
11.1 The possible ineffectiveness of certain clauses does not affect the validity of the entire contract.
11.2 These general conditions of sale have been drafted in Italian and English. In the event of difficulties in interpreting it, the parties agree that the text in Italian will be considered authentic and effective.
Given:
- that the Seller manages the activities related to the sale of products with its own brand on the www.aglae.it website (hereinafter "Site");
- that the Site is primarily intended for commercial transactions between entrepreneur and consumer (B2C) in the EU and EEA countries, as well as in the rest of the world;
- that the customer must meet the necessary requirements for the conclusion of legally binding contracts, including the age of majority;
- that, with the expression "General Conditions of Online Sale", means the contract of sale relating to the Seller's consumer goods stipulated between them and the Buyer as part of a distance selling system organized by the Seller;
- that these conditions of sale rule the online sale between the Seller and the Buyer who accepts these General Conditions of Online Sale and, if he holds the quality of "Consumer", expressly declares to make the purchase for purposes unrelated to any commercial or professional activity carried out, as required by Legislative Decree 206/2005;
- that these premises constitute an integral and substantial part of the contract;
It is agreed that:
1. OBJECT OF THE CONTRACT
1.1 These General Conditions of Online Sale, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree no. 70 of 9 April 2003, concerns the purchase of products, carried out remotely and by means of a computer network, through the Site belonging to the Seller.
1.2 With this contract, respectively, the Seller sells and the Buyer purchases remotely the products indicated and offered for sale on the Seller's Site; the main characteristics of the products are illustrated and described on the Site, with an overall presentation of each of them faithful, truthful, correct and not misleading. It should be noted in this regard that due to the characteristics and technical limits of photo/videographic reproduction of the products on the Site, the image accompanying a product may not be perfectly representative of its characteristics.
2. ACCEPTANCE OF THE CONDITIONS OF SALE
2.1 In customercare to complete the purchase customercare, the Buyer is required to accept these General Conditions of Online Sale pursuant to Article 1341 of the Civil Code, including the clauses specifically indicated pursuant to Article 1342 of the Italian Civil Code.
3. PURCHASE METHODS AND SALES PRICES
3.1 The sales prices of the products (hereinafter "Sale Price") on the Site are expressed in Euro (EUR). The Sales Prices of each product and the methods for calculating the total purchase price (so-called Final Price) will be clearly indicated, which as specified in point 6.1 could be constituted by the sum of the Sale Price and the costs of shipping and delivery of the products by couriers and / or shippers appointed by the Seller. The Buyer, at the time of online purchase, will take advantage of the "Proceed with payment" button as a simultaneous confirmation of both the acceptance of the sale in question, and the shipping and delivery methods chosen by the Buyer, both the sending of the purchase customercare in the quantity identified and the onset of the obligation to pay the Final Price to the Seller. After sending the customercare it will not be possible to make any changes to it.
3.2 The Sales Prices and the Final Prices must be understood as inclusive of VAT and any other applicable tax and tax. For non-EU countries, national and customs taxes are charged to the buyer.
3.3 The Seller, after checking the availability of the chosen product, will formally confirm the customercare received by e-mail and only from that moment will the obligations to sell and send the products provided for by the Seller pursuant to this contract be effective towards him.
3.4 The Buyer expressly grants the Seller the right to confirm even partially the customercare placed (for example in the event that there is no availability of all the products customercareed). In this case, the contract will be considered perfected only in relation to the goods actually available and confirmed by e-mail from the Seller.
4. CONCLUSION OF THE CONTRACT
4.1 The Contract stipulated through the Site is concluded when the Buyer receives, by e-mail, the formal confirmation of the customercare pursuant to art. 3.3 above, through which the Seller accepts the customercare sent by the Buyer and informs him that he can proceed with the fulfillment of the same. The Buyer, therefore, undertakes to provide for the printing and storage of these general conditions, already viewed and accepted as an obligatory step in the purchase procedure, as well as the specifications of the product being purchased, and this in customercare to fully satisfy the legal conditions.
4.2 The Contract is concluded at the place where the Seller's registered office is located. Except in the case of impossibility of performance for reasons not attributable to the Seller and/or the hypothesis of temporary technical malfunctions of the software or the purchase system of the Site that suggest that products are not actually available, the latter undertakes to supply the selected products following receipt of payment of the Final Price due under this contract.
4.3 The Seller cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet that are beyond the control of the Seller.
5. PAYMENT METHODS
5.1 Without prejudice to the Seller's right to insert and implement in the future additional payment methods aimed at offering an even higher service to users of the Site, the Buyer acknowledges and accepts that - on the date of sale of the products covered by this contract - payment by the Buyer can be made exclusively online through the Stripe platform and, then, through the credit card circuit Visa, Mastercard and American Express, JCB and Diners Club. The amount of the purchase will be withheld from the Buyer's availability fund at the time of purchase and will subsequently be charged according to the practice in use at the chosen credit card circuit.
5.2 The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
6. DELIVERY METHODS AND COSTS
6.1 The Seller will deliver the customercareed products to the Buyer, at the address indicated by the latter in the purchase customercare, in the manner provided for in the previous articles, by courier. The costs of shipping and delivery of the products by couriers and / or shippers in charge are free, with the exception of a contribution of Euro 20 for shipments concerning customercares under 300 Euro. Items are generally shipped in 1-2 working days (Monday to Friday) from the date of the customercare The times for delivery of the shipment are generally 1-2 working days for deliveries in Italy, in 1-5 working days for deliveries to the remaining EU countries and in the EEA States, in 1-7 working days for deliveries to other countries of the world.
6.2 The Seller shall not be liable for delay or non-delivery and/or for any additional costs incurred by the Buyer if due to customs operations and controls and/or due to incorrect or incomplete communication of the address by the Buyer and/or due to circumstances unrelated to the Seller and/or due to unforeseeable circumstances or force majeure.
6.3 Upon receipt of the goods, the Buyer is required to verify the integrity of the package and the products, the conformity of the product delivered to him with the customercare placed, as well as being obliged to immediately report to the Seller any tampering or damage detected on the package and on the products. In any case, the Buyer will take care and care to inform the Seller about any problem encountered in the receipt of the products, in customercare to allow the Seller to operate a better quality control about the services rendered - directly and / or through third parties - under this contract.
6.4 In case of impossibility to deliver the product due to fact or fault attributable to the Buyer, the aforementioned authorizes the Seller to deduct from the refund due of the price paid the shipping costs incurred, as well as any customs charges paid or to be paid.
7. WARRANTIES
7.1 In case of questions, complaints or suggestions, the Buyer may contact the Seller via the email address customercare@aglae.it.
7.2 In the event of lack of conformity, the rules referred to in Legislative Decree no. 206 of 6 September 2005 will apply only to transactions subject to the aforementioned discipline. The report of the defect must be made using the email address customercare@aglae.it.
7.3 The Seller reserves the right to request photographic evidence of the defect complained of before consenting to the return of the product. The defective product will be replaced by the Seller with return and shipping costs charged to the latter, with an equal product, if available, or with reimbursement of the price paid.
8. RIGHT OF WITHDRAWAL
8.1 Without prejudice to the separate warranty hypotheses for defects or lack of conformity of the products referred to in art. 7, the Buyer, only if acting as a "Consumer", will in any case have a right of withdrawal from this contract within 14 (fourteen) days, starting from the day of receipt by the Buyer - and / or third party indicated by him, however different from the courier and / or the shipper - of the product purchased with this contract. Please note that the replacement of the product is only possible once.
8.2 The request for return authorization must be sent to the address customercare@aglae.it indicating the original customercare number in the subject of the communication, or through your personal page or by accessing your customercare through the "Search your customercare" page The Seller will authorize the return by sending confirmation by e-mail containing the return authorization number and the instructions to be followed to ship the goods.
8.3 Following receipt of the return confirmation e-mail. The Buyer is obliged to ship the products to the Seller within 14 (fourteen) days from the date on which the Buyer has communicated its intention to withdraw from the contract. The shipping costs of the return are charged to the Buyer.
8.4 The Seller reserves the right to accept the return in the presence of the following conditions: each item must be returned including all labels, packaging and original accessories not damaged (dustbags, pluribol) received with the customercare; the articles must not have been washed or altered and must not show any sign of use; Returns must be shipped inside the box with which the original goods were shipped. Returns authorized by the Seller must be shipped from the same country where the original customercare was delivered and by the courier indicated in the e-mail authorizing the return of the goods.
8.5 The Seller reserves the right not to accept unauthorized returns or sent in ways other than those contained in the return instructions, in which case the Seller will return the products to the Buyer. Any acceptance of such returns involves, however, a charge equal to 15% of the value of the returned goods.
8.6 The Buyer, if he purchases as a "Consumer", in the exercise of his right of withdrawal, may request a refund of the price: the refund of the price will be made following the verification of the Seller of the returned products within 14 (fourteen) days, in the currency of the original purchase; Any differences due to exchange rate fluctuations will not be returned. For customercares paid by credit card through the Stripe platform, the amount will be available to the customer according to the timing of the chosen banking circuit.
8.7 Except in the cases of transactions governed by Legislative Decree 206/2005, the provisions of the Italian Civil Code will apply.
9. INTELLECTUAL PROPERTY RIGHTS
The "Aglaё" trademark, the www.aglae.it domain as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the products, on the related accessories and / or packaging, whether registered or not, are and remain the exclusive property of Elena Vorontsova, domiciled in Bologna (Italy), Via Valeriani 29, C.F. VRNLNE80T58Z154W e P. IVA IT 03567960988. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement are strictly prohibited.
10. JURISDICTION AND APPLICABLE LAW
10.1 This contract is governed by Italian law. For anything not expressly provided herein, the laws applicable to the relationships and cases provided for in this contract apply and, in any case, the rules of the Italian Civil Code for transactions between professionals / entrepreneurs and of Legislative Decree 6 September 2005, n. 206 (Consumer Code) for transactions with the "Consumer".
10.2 In the event of disputes arising from this contract or connected to it, the parties undertake to seek a fair and good-natured settlement among themselves.
10.3 If the dispute has not been resolved amicably, and in any case within six months from the date of its initiation, the same will be brought to the exclusive knowledge of the Court of Bologna or the Court provided for by the Consumer Code, where applicable.
11. FINAL CLAUSES
11.1 The possible ineffectiveness of certain clauses does not affect the validity of the entire contract.
11.2 These general conditions of sale have been drafted in Italian and English. In the event of difficulties in interpreting it, the parties agree that the text in Italian will be considered authentic and effective.