General conditions of sale
GENERAL CONDITIONS OF SALE
1.1 The offer and sale of Products on the Website www.calicantoluxurybags.it /(hereinafter also “Site”) are governed by these General Conditions of Sale (hereinafter also “GCS”).
Customers are invited to read carefully these GCS before proceeding with the purchase.
Placing the purchase order implies full knowledge and express acceptance of these GCS.
Once the online purchase procedure has been completed, Customers are required to print and keep these GCS and the related order form, already read and accepted.
2.1 The Products purchased on the Site are sold directly by iDNA Italia S.r.l.u., with registered office in Sestiere San Marco, 4282, (30124) Venice (VE), REA No.: VE-359504, tax code and VAT no. 04033760275.
2.2 Sale via the Site is reserved exclusively for "Consumers", i.e. natural persons acting for purposes unrelated to the business, commercial, craft or professional activity carried out. Therefore, by sending the order, Customers declare to act as a consumer and therefore for purposes unrelated to their business, commercial, craft or professional activity.
2.3 The Products are sold and invoiced to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these GCS.
2.4 The Product offers present on the Site are addressed to adult customers. Customers under the age of 18, to be able to purchase on the Site, must have the consent and assistance of a parent or legal guardian. By placing an order through the Site, Customers warrant to be over 18 years of age and to possess the legal ability to enter into binding contracts.
2.5 It is forbidden for Customers to enter false and/or invented and/or imaginary names in the online ordering procedure and in further communications. The Seller reserves the right to prosecute any violation or abuse.
2.6 By accepting these GCS, moreover, Customers exonerate the Seller from any liability deriving from the issue of incorrect tax documents due to errors in the data provided by the Customer when placing the online order, since the Customer is the only person responsible for their correct entry.
3. PRODUCT INFORMATION
3.1 Only original products with the Calicanto brand and purchased directly from the Seller at iDNA Italia S.r.l.u. are offered for sale on the Site
3.2 The information relating to Products (main characteristics, including measurements, composition, photographic images, etc.) and their price are available on the Site in each Product data sheet.
3.3 While iDNA Italia S.r.l.u. constantly adopts measures to ensure that the photographs published on the Site are true reproductions of the original products, some variations are always possible due to the effect of the web browser and/or monitor used. As a consequence, the Seller shall not be liable for any inadequacy of the graphic representations of products shown on the Site, since such representations are merely illustrative. Nevertheless, this is without prejudice to the right of withdrawal of Customers (to be exercised within the deadlines and with the procedures pursuant to clause 9 below) having been misled by the aforementioned images.
4. CONCLUSION OF THE CONTRACT
4.1 The language available to conclude the individual Contract (hereinafter "the Contract") with the Seller is Italian. By submitting the order form, Customers accept Italian as the language of the Contract, even where there are courtesy translations of these GCS or of other information on the Site.
4.2 Requests for purchases from countries not included among those indicated on the Site will not be accepted.
4.3 Customers intending to make a purchase order for one or more Products on the Site, in order to conclude the purchase Contract, must complete the order form in electronic format and submit it electronically to the Seller, following the procedure provided on the Site.
4.4 The order form contains a reference to these GCS, as well as a summary of the information on the essential characteristics of each product ordered and the corresponding price (including any costs and charges), of the accepted means of payment, of the methods of delivery of purchased Products and of the shipping and delivery costs.
4.5 Before proceeding with the purchase of the Products, by submitting the order form, Customers are required to carefully read the GCS which they may also print, store or keep a copy of for personal use.
4.6 Before submitting the order form, Customers can identify and correct any data entry errors.
4.7 By submitting the order form, Customers declare to have understood and accepted the content of the same, as well as the General Conditions of Sale and Use of the Site. Failure to fully accept such contents and legal notes will result in the impossibility to process the order.
4.8 Product prices may be subject to updates. Customers are required to check the final sales price before submitting the corresponding order form.
4.9 The Contract shall be considered concluded upon receipt by the Seller, electronically, of the order form, but shall be deemed to be terminated upon the negative outcome of the verification referred to in point 4.10 below.
4.10 The Seller, indeed, will verify every order in terms of completeness and accuracy of the data provided by Customers, their solvency and/or the availability of the Products ordered. In the event of a negative outcome of such verification, the Seller will promptly, and in any case within 14 (fourteen) days of the date of receipt of the order form, inform the Customer by e-mail that the Contract is to be deemed to be terminated and that, therefore, the purchase order will not be processed, specifying the reasons. In the event that the Customer has already paid the price, the Seller will refund the amount paid.
4.11 Once the verification referred to in point 4.10 above has been positively concluded, the Seller will take charge of the purchase order and send to the Customer, via e-mail, a receipt of the purchase order, which will include the information already contained in the order form (reference to the GCS, information related to the essential characteristics of the Product and detailed indication of the price - including taxes, means of payment, withdrawal and delivery costs).
4.12 The order form will be filed in the database of the Seller for the period of time required to process the orders and in any case in compliance with the legal limits. Customers may view orders placed by logging in to their profile and consulting the appropriate section of the Site.
5.1 Unless otherwise stated in writing, all Product prices and shipping and delivery costs indicated on the Site and in the Order are to be considered including VAT and expressed in Euros. The validity of the prices indicated is always and only that indicated on the Site at the time the Order is submitted via the Internet. Product prices and shipping and delivery costs may vary without notice. Customers should therefore check the final sales price before submitting the corresponding Order.
5.2 All Products are shipped directly from Italy. Product prices and shipping and delivery costs indicated on the Site and in the Order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where current legislation envisages import charges.
6. PAYMENT METHODS
6.1 To pay the price of the Products and the corresponding shipping and delivery costs, Customers may use one of the methods indicated in the order form of the Site which are summarised below:
a) Payment by credit card or prepaid card
For online orders on the Site, the Seller accepts payments both by credit card and prepaid card (as long as they are authorised by the bank) without any additional charge on the Product and shipping cost. It is understood that the Customer must be a holder of a valid credit card when ordering Products purchased online and that the name on the credit card must be the same as that indicated in the invoicing data. In the absence of such requisites, it will not be possible to proceed with the order.
At the time of the online purchase, together with the Order Confirmation, the amount related to the Order will be charged to the Customer's credit card. The amount will therefore be effectively charged to the Customer's credit card at the time the Order is submitted to the Seller.
If for any reason, after receiving the package containing the ordered Products, the Customer intends to avail himself of the Right of Withdrawal, following payment of the Products purchased online, the Seller will arrange for the amount to be refunded to be credited directly to the credit card previously used for payment.
b) Bank transfer payable to:
INTESA SAN PAOLO
IBAN:IT67 B030 6961 5651 0000 0007 647
6.2 At no time during the purchase process is the Seller able to know the information related to the credit card (for example, the credit card number or the date of its expiry), transmitted via a secure connection by encrypted protocol directly to the Site of the party managing the electronic payment (bank). No electronic archive of the Seller will retain such data.
6.3 Under no circumstances may the Seller be held liable for any fraudulent and improper use of credit cards and prepaid cards by third parties.
6.4 Should, for any reason, it not be possible to charge the amount due, the sales Contract will be automatically cancelled.
7. SHIPMENTS AND DELIVERY
7.1 The products will be delivered after payment has been registered, to the address indicated by the Customer in the Order form.
7.2 The shipment of Products ordered on the Site is by express courier selected by iDNA Italia S.r.l.u. during working days. Deliveries may be made - except in cases of force majeure - within 5 (five) working days of the date of receipt of payment, unless the shipment is for made-to-measure or customised Products. In this case, the delivery time may also be 60 (sixty) working days of the date of receipt of payment (except in cases of force majeure).
7.3 The delivery terms are purely indicative. Moreover, in the event of failure to comply with the terms set out in point 7.2, Customers will have the right to terminate the Contract and iDNA Italia S.r.l.u. shall repay all amounts already received under the Contract.
8. WARRANTY OF NON CONFORMING PRODUCTS
8.1 The Seller provides the Products with the statutory warranty of conformity in accordance with the provisions of Arts. 128 to 135 of Legislative Decree no. 206 of 6 September 2005 (so-called Consumer Code).
8.2 This warranty envisages that the Seller is liable for conformity defects existing at the time of delivery of the goods that appear within 2 (two) years of delivery.
8.3 To take advantage of the conformity warranty, Customers, under penalty of forfeiture, must report to the Seller any defect of the Product purchased within 2 (two) months of its discovery. The action to assert defects not maliciously concealed by the Seller falls under the statute of limitations, in any case, within twenty six months of delivery of the goods; Customers, appointed for execution of the Contract, may nevertheless always assert the rights pursuant to Article 130(2) of Legislative Decree no. 206 of 6 September 2005 provided that the conformity defect has been reported within two months of its discovery and before expiry of the period referred to in the previous sentence.
8.4 In the case of a conformity defect reported within the established deadline, Customers may, at their discretion, request the Seller to repair the goods or replace them, at no charge in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other. Customers may also request, at their discretion, a reasonable price reduction or termination of the Contract in the presence of one of the following situations:
a) repair and replacement are impossible or excessively burdensome;
b) the Seller has not repaired or replaced the goods within a reasonable period of time of the request;
c) the replacement or repair previously carried out has caused considerable inconvenience to the Customer.
8.5 In order to benefit from the conformity warranty, it is recommended to keep and show the purchase documents of the Product. For further information on the statutory conformity warranty for consumers, please consult the Italian Consumer Code.
8.6 All return costs for defective products will be borne by the Seller.
9. RIGHT OF WITHDRAWAL
9.1 Customers have the right to withdraw from the Contract concluded with the Seller, without indicating the reasons, within the deadline of 14 (fourteen) working days, starting from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
9.2 To exercise the right of withdrawal, Customers are required to inform iDNA Italia S.r.l. of their decision by means of an explicit declaration sent by e-mail or by registered letter (for contact details see the contacts referred to in clause 11).
9.3 To comply with the withdrawal deadline, it is sufficient that Customers send the communication concerning exercise of the right of withdrawal before the expiry of the withdrawal period as per Art. 9.1.
9.4 In the event of exercise of the right of withdrawal under the terms of the preceding paragraphs 9.1, 9.2 and 9.3, Customers are required to return the goods by post or courier or deliver them to iDNA Italia S.r.l.u. at the address of the operational headquarters of IDNA Italia S.r.l.u. indicated in point 11, without undue delay and in any case within 14 (fourteen) days of the date of dispatch of the communication with which they expressed their withdrawal from the Contract. The deadline referred to in this paragraph will be considered respected if the Customer returns the goods before the expiry of the period of 14 (fourteen) days. The costs of returning the goods are borne by IDNA Italia S.r.l.u..
9.5 Customers are responsible for any diminished value of the products resulting from any handling of the same other than that necessary to establish their nature, characteristics and functioning.
9.6 The right of withdrawal and refund are subject to the following conditions:
- the returned Products must be returned in their entirety;
- the Products must not have been used, worn, washed or damaged;
- the returned Products must be returned in their original undamaged packaging, complete with all original packaging (including boxes, accessories, identification tags, etc.), delivery note and invoice.
9.7 In the case of exercising the right of withdrawal without respecting the procedures indicated above (e.g. beyond the 14 days envisaged by law, or without having followed the return instructions), Customers will not be entitled to a refund of amounts already paid to the Seller; nevertheless, they may re-obtain the Products at their own expense in the state in which they were returned to the Seller. Otherwise, the Seller may retain the Products, in addition to the amounts already paid for their purchase.
9.8 The right of withdrawal is excluded in relation to Products made to measure or customised at the request of the Customer.
10. REFUND TIMES AND PROCEDURES
10.1 In case of withdrawal, after verification of the correct exercise of the same, all the payments made by the Customer to iDNA Italia S.r.l.u. will be refunded, possibly including delivery costs (with the exception of additional costs arising from the possible choice of the Customer for a type of delivery different from the less expensive type of standard delivery offered by the Seller), without undue delay and in any case no later than 14 (fourteen) days from the date on which iDNA Italia S.r.l.u. received the notice of withdrawal.
10.2 The refund, however, may be suspended by IDNA Italia S.r.l.u., at its discretion, until receipt of the goods or until the Customer has demonstrated shipment for the return of the same, if prior.
10.3 The aforementioned refunds will be made using the same payment method used by the Customer for the initial transaction; in any case, the Customer will not incur any costs as a consequence of such refund.
iDNA Italia S.r.l.u.- CALICANTO Department
Sestiere San Marco, 4282 - (30124) Venice (VE)
Via Canada, 26 - (35127) Padua (PD)
REA No. VE-359504
tax code and VAT no. 04033760275
Sole Director Mr. Mirko Zanatta
Certified email firstname.lastname@example.org
12. COMMUNICATIONS TO THE CUSTOMER
12.1 Customers acknowledge, accept and provide their consent to the fact that all communications, notifications, attestations, information, reports and any documentation on the transactions performed, referring to the purchase of the Products, will be sent by IDNA Italia S.r.l.u. to the e-mail address indicated by the Customer at the time of the order, with the possibility of downloading the information on a durable medium in the manner and within the limits provided for on the Site.
14. APPLICABLE LAW, DISPUTE RESOLUTION AND JURISDICTION
14.1 These GCS and the individual sales contracts to which they will be applied are governed by Italian law, with the exclusion of any multilateral or bilateral international conventions.
14.2 Any disputes concerning the validity, interpretation or application of these GCS or the existence, validity, interpretation, execution and dissolution of individual sales contracts shall be referred to the exclusive jurisdiction and competence of the Court of Padua (Italy), except in the case where such provision cannot be applied due to mandatory regulations in force in the country where the Customer resides.
14.3 Customers also have the right to use the online dispute resolution procedure available at http://ec.europa.eu/consumers/odr/
15. AMENDMENTS AND UPDATES
15.1 These GCS may be modified or amended at any time. The new GCS shall be effective from the date of publication on the Site. Therefore, Customers will be required to accept only the GCS in force at the time of the corresponding purchase.
15.2 The GCS applicable to each Contract concluded through the Site are those in force on the date of submitting the purchase order and accepted by the Customer through the electronic procedure provided for on the Site itself.