Terms and conditions

1) DEFINITIONS

The term "Buyer" refers to the individual consumer who makes a purchase under this contract for purposes unrelated to any commercial or professional activity they may carry out.

The term "Supplier" refers to the entity that manufactures and/or supplies the goods subject to this contract.

The term "Seller" refers to the entity that sells the Supplier's goods subject to this contract.

The term "Trademark Owner" refers to the company that owns the trademarks related to the goods sold on the site.

The term "online sales contract" refers to the sale and purchase agreement for goods manufactured and/or supplied by the Supplier, entered into between the Seller and the Buyer as part of a distance selling system using electronic means, organized by the Seller itself and regulated by Legislative Decree 9 April 2003 no. 70, concerning e-commerce, and, in part, by articles 50 et seq. of Legislative Decree 6 September 2005 no. 206 ("Consumer Code") and subsequent amendments.

2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES

Buyer:
Expressly declares to make the purchase for purposes unrelated to the commercial or professional activity carried out and undertakes not to trade what has been purchased.

Supplier:
The goods subject to the purchase governed by these general conditions are produced and/or supplied by BI&DO SRL, with registered office in Padova (PD), Via Panà, 56 /BIS, 35027, with tax code and VAT number 04307300287

Seller:

The goods subject to the purchase governed by these general conditions are offered for sale by LOGICAL SYSTEM SRL, with registered office in Jesi (AN), viale dell’Industria 50, Fiscal Code, VAT Number, and registration number with the Marche Companies Register 00881800429, telephone number: +39 ‎351 212 1407, e-mail customerservice@albertoguardiani.it, which manages the website https://www.albertoguardiani.it.

Trademark Owner:
The Alberto Guardiani trademark is owned by BLUMORE S.R.L., with registered office in Fermo (FM), Via Donizetti 6, Fiscal Code, VAT Number, and registration number with the Marche Companies Register 02366680441.

3) OBJECT AND CONCLUSION OF THE CONTRACT

With this contract, respectively, the Seller sells and the Buyer purchases remotely through electronic means only the goods indicated and offered for sale on this site.

The contract between the Seller and the Buyer is concluded exclusively through the internet by the Buyer accessing the address of this site, where, by following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods offered for sale.

The purchase contract is concluded by an irrevocable order from the Buyer with the compilation and online submission of the order form, which will be displayed on the printable order summary web page, containing the details of the ordering party and the order, the price of the purchased goods and shipping costs, payment methods and terms, and the address where the goods will be delivered. As soon as the Seller receives the order from the Buyer, it will send a confirmation email and/or display a printable order confirmation and summary web page, which will also include the data entered by the buyer in the order form. The order confirmation email (or the order confirmation and summary web page) generated by the Seller's IT system does not create any legal obligation, as it is a simple order summary.

The contract is considered perfected and effective between the parties only with the execution of the order and the issuance of the relative invoice, the Seller having the possibility, until that moment, to refuse the order.

To make a purchase and use additional services, the user can register on the site by creating an account and approving these General Conditions together with the Privacy Policy. Failure to accept the General Conditions results in the inability to register as a user.

Registration on the site is free. The user declares that the data provided at the time of registration on the site are correct, complete, and truthful. At the time of registration, the user must also enter a password of their choice. Registration will be confirmed by e-mail to the address indicated by the user at the time of registration. The user guarantees that the site access password will be used exclusively by the user and not transferred to third parties. If the user becomes aware of improper use of the password by any third party, they must immediately notify the Seller by sending an e-mail to the following address customerservice@albertoguardiani.it. In any case, the user can change the password at any time by clicking on the link https://www.albertoguardiani.it/account/login. An email will then be sent to set the new password.

The data entered at the time of order and registration will be processed in accordance with current privacy regulations.

Purchases on the site can also be made as a guest, without creating an account. In this case, the buyer must (i) correctly fill in the fields of the appropriate form on the Site, entering all the required data (by way of example and not exhaustive: name, surname, billing and delivery address, email address), (ii) confirm that they have read the privacy policy on the Site and provide any additional consents, and (iii) accept these General Conditions.

LOGICAL SYSTEM Srl reserves the right, at its sole discretion, to refuse registration on the Site, as well as the right not to accept orders from anyone, if they appear anomalous in relation to the quantity of products purchased.

4) PAYMENT AND REFUND METHODS

The Seller accepts advance payment for ordered products via major Credit Cards (Mastercard and Visa circuits) and PayPal. Credit card data is managed directly by Wirecard or other banks specializing in online payment processing; PayPal data is managed directly by PayPal. The information is encrypted using state-of-the-art encryption systems that prevent its use by third parties and is not shared with the Seller, but is sent directly to the bank or PayPal.

The Seller reserves the right to request the issuing bank of the credit card (or PayPal) to verify the authenticity of the card's ownership in case of problems. At the end of this verification, if successful, the procedure will proceed to the conclusion of the contract and the delivery of the placed order, provided there are no further impeding factors.

Any refund to the Buyer, if they are entitled to it, will be made using the same payment method used to make the payment for the purchase order. In case of non-acceptance of the order, the Seller will refund the buyer, as soon as possible, all amounts paid, it being understood that refunds will be processed within the times and methods provided by the payment instrument provider. In case of withdrawal, the refund will be credited within a maximum of 14 (fourteen) days from the date of communication of the withdrawal; the timing of the refund following withdrawal may be longer if any duties payable by the Buyer must be deducted from the refund as better specified in article 14 below (check withdrawal article).

It should be noted that for online sales, according to Article 22 of Presidential Decree no. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree no. 696 of 21 December 1996 (as confirmed by Resolution no. 274/E of 5 November 2009), the Seller is not required to issue an invoice (nor a receipt or tax receipt) to the consumer buyer. However, requests for electronic invoices must be sent by email to servizioclienti@guardiani.it within 7 days from the order issuance date. In this case, the Seller will send the requested invoice to the email address indicated during registration or guest checkout. If the invoice is not requested during the purchase procedure, it cannot be requested and issued retrospectively under any circumstances. If the buyer does not request an invoice, the Seller will still send a purchase receipt both digitally to the email address indicated during registration and as a hard copy inside the shipping package. This receipt has no fiscal validity and is useful only for assistance or warranty purposes.

For the purpose of issuing the invoice, the information provided by the buyer at the time of the order will be considered valid. After the invoice has been issued, it will not be possible to modify the indicated data, therefore the buyer is invited to carefully verify the entered data before proceeding with the submission of the order.

According to company policies, fiscal invoices are not issued for countries belonging to the European community, as provided for by Directive 2014/55/EU.

5) DELIVERY TIMES AND METHODS

Order processing times may vary, from the same day of the order to a maximum of 5 working days, within which the order is accepted, its execution begins, and the invoice is issued.

The Supplier and the Seller ensure – through the electronic system used – the processing and fulfillment of orders within the times specified at the time of purchase.

Delivery times are in no way mandatory, as they may vary depending on the country of destination, the management and organizational times for order fulfillment, as well as factors not directly controllable by the Seller and not attributable to it; circumstances of which the buyer declares to be informed and to accept.

Should the Seller be unable to ship within the times specified at the time of purchase, it will promptly notify the Buyer via e-mail, indicating the deadline by which the order will be fulfilled.

6) SHIPPING COSTS

Shipping costs vary depending on the destination countries and the chosen shipping methods and will be calculated and indicated during the purchase procedure before the order is submitted by the buyer, as well as reported on the order summary web page.
Shipping is free in Italy only for orders over €100.

Shipping is carried out under DDP (Delivery Duty Paid) terms in European Union countries. Therefore, for these destinations, the goods will arrive directly at the indicated delivery location without any additional payments beyond what was paid at the time of placing and submitting the order.

For all other countries, the DDU (Delivery Duty Unpaid) formula is used, so the courier may present a separate invoice requesting payment of duties and taxes required by local authorities. Buyers residing in non-EU countries are advised to inquire about local taxes and duties before placing an order with the Seller.

Local taxes and customs duties are always the responsibility of the Buyer, both at the time of purchase and in the event of withdrawal.

7) DELIVERY

Upon delivery, the Buyer is required to check that the number of packages corresponds to that indicated on the shipping documents and that the packaging is intact and without signs of damage, tampering, or alteration. If this check is not successful, the Buyer must immediately raise objections with the courier, refusing delivery or accepting it with a written reservation on the shipping document. Failing this, once the courier's document has been signed, the Buyer will not be able to raise any objections regarding the external characteristics of what has been delivered. Furthermore, the Buyer must inform the Seller of the incident by contacting Customer Service at the following email address customerservice@albertoguardiani.it, no later than 8 (eight) days from the delivery date of the product, to report any problems concerning the physical integrity, correspondence, or completeness of the received products. The Buyer's right to the legal guarantee of conformity referred to in article 11 below and the right of withdrawal referred to in article 14 below are reserved in any case.

8) PRICES

The selling prices indicated on the site are expressed in Euros and include VAT, if applicable, depending on the country of shipment of the products. The selling prices applicable to the Buyer are those published online at the time the purchase order is submitted. These prices may be subject to change without prior notice. It is the Buyer's responsibility to verify the final price before submitting the purchase order. The Seller reserves the right to apply different selling prices depending on the country of shipment of the products. All product prices on the Website are net of shipping costs.

In the event of a recognizable error in the price indication of an item or in the calculation of the amount requested for payment, the Seller will not accept the order and will contact the Buyer to allow them to transmit the purchase order with the correct amount.

9) PRODUCT AVAILABILITY

Only goods listed in the catalog published on the Site and available at the time of the Buyer's purchase order can be purchased. The goods catalog may be updated periodically, therefore the Seller makes no guarantee as to the permanence of an item among those available, nor as to the availability of all sizes/colors/versions of each item present in the catalog.

The goods on the Site are available while stocks last. If, although selectable, the chosen item is temporarily unavailable, the Seller will promptly notify the Buyer via e-mail at the address provided by the Buyer, indicating when the item will be available again and the estimated delivery date, asking the Buyer whether or not they wish to confirm the purchase order.

In case of permanent unavailability of the goods, Logical System will promptly notify the Buyer via e-mail, and Logical System will refund the sums paid by the Buyer.

10) LIMITATIONS OF LIABILITY

The Seller assumes no responsibility for disruptions attributable to force majeure, in the event that it is unable to execute the order within the times stipulated in the contract. The Seller cannot be held liable to the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet network outside its own control or that of its sub-suppliers. The Seller will also not be liable for damages, losses, and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to it, the Buyer being entitled only to the full reimbursement of the amount paid. The Seller assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards, at the time of payment for the purchased products, if it demonstrates that it has adopted all the ordinary precautions possible based on ordinary diligence.

11) LEGAL WARRANTY OF CONFORMITY, LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSABLE DAMAGES: SUPPLIER'S OBLIGATIONS

Goods sold through the site to the Buyer (consumer) benefit from the legal warranty of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Warranty"). To avail of the warranty, the Buyer must keep and present the invoice (or purchase receipt or delivery note) that they will receive upon delivery.

The Legal Guarantee can be claimed for any lack of conformity existing at the time of delivery of the goods, provided that the lack of conformity has manifested itself within 2 (two) years from delivery. The Buyer is required to report the lack of conformity by contacting Customer Service at the email address indicated in Article 12; such report must contain: the order number; the shipping and delivery date of the goods (dispatch note date); an accurate and complete description of the defects or flaws complained of; photographs of the non-conforming goods with details of the defect; the name and contact details of the person to be contacted for any communications. Customer Service will respond to the Buyer's communication, providing instructions for shipping the defective goods if necessary.

A "lack of conformity", as expressly provided by law, exists when the purchased goods:

- are not fit for the purposes for which goods of the same type are normally used;

- do not conform to the description given by the Supplier and do not possess the qualities of the goods that the Supplier presented to the consumer as a sample or model;

- do not show the usual quality and performance of goods of the same type, also taking into account statements made in advertising or on labelling;

- are not fit for any particular purpose for which the consumer requires them and which they made known to the Supplier and/or Seller at the time of purchase.

The Supplier reserves the right to verify the validity of complaints at its premises or by examining the photographs attached to the complaint email. Shipping costs for the collection of defective goods are borne by the Supplier.

The Buyer may request, at their discretion, to have the goods repaired or replaced, at no cost, unless the chosen remedy is objectively impossible or excessively burdensome compared to the other, taking into account all circumstances and, in particular, those listed in Article 135-bis, paragraph 2, of the Consumer Code.

The Supplier may refuse to bring the goods into conformity through repair and replacement if repair and replacement are impossible or if the costs the Supplier would incur are disproportionate, taking into account all circumstances, including those referred to in Article 135-bis, paragraph 2, letters a) and b), of the Consumer Code.

The Buyer may request, at their discretion, a suitable price reduction or the termination of the Contract if one of the following situations occurs: (i) the Supplier has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to bring the goods into conformity; (ii) a lack of conformity occurs despite the Supplier's attempt to restore the conformity of the goods; (iii) the lack of conformity is so serious as to justify an immediate price reduction or termination of the sales contract; (iv) the Supplier has declared or it is clear from the circumstances that it will not restore the conformity of the goods within a reasonable period or without significant inconvenience for the consumer Customer.

It remains understood that the Buyer does not have the right to terminate the contract if the lack of conformity is minor.

If, after collecting the goods, it is verified that the reported lack of conformity actually exists, any transport, repair or replacement costs for the goods will remain the responsibility of the Supplier. Otherwise, or if it is verified that the reported lack of conformity does not exist or that there are no conditions for the applicability of the Legal Guarantee, the Legal Guarantee will not apply and all transport costs as well as costs related to the verification of the alleged lack of conformity will be borne by the Buyer, who will be notified accordingly.

The Buyer acknowledges and accepts that any defects or damages occurring after the time of delivery of the goods, such as those caused by improper use by the Buyer or third parties, are not covered by the Legal Guarantee.

The Supplier and the Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the product's conformity with a mandatory legal provision or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer placed the product on the market, did not yet allow the product to be considered defective. No compensation will be due if the injured party was aware of the product's defect and the danger deriving from it and nevertheless voluntarily exposed themselves to it. In any case, the injured party must prove the defect, the damage and the causal link between the defect and the damage. The injured party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of an item other than the defective product, provided that it is of a type normally intended for private use or consumption and primarily used in this way by the injured party. Damage to items as per Article 123 of the Consumer Code will, however, only be compensable to the extent that it exceeds the sum of three hundred and eighty-seven euros (EUR 387).

12) CUSTOMER SERVICE

Customer Service, which the Buyer can contact for any information, to request assistance or submit complaints, can be reached by e-mail at customerservice@albertoguardiani.it or by phone at +39 ‎351 212 1407

13) DECLARATIONS, WARRANTIES AND OBLIGATIONS OF THE BUYER

The Buyer declares and guarantees: to be legitimately able to accept these General Conditions; to be of legal age; that the personal data and other information communicated to the Seller during registration on the site or purchase of a good are truthful, correct and updated; that they will use the site in compliance with any applicable legal or regulatory provision, refraining from any form of direct and/or indirect use of the site that is contrary to the law, to these General Conditions or harmful to the rights of third parties.

The Seller reserves the right to verify at any time and by any means at its disposal the information provided, also by requesting suitable supporting documentation from the Buyer and, in case of violation, to close or suspend the Buyer's account.

The Buyer undertakes to indemnify and hold harmless the Seller against any liability, action, cost, expense and claim that may arise from the Buyer's violation of the declarations and warranties referred to in this article, without prejudice in any case to the Seller's right to terminate the contract with immediate effect in accordance with Article 1456 of the Civil Code.

The Buyer undertakes to pay the price of the purchased goods within the terms and methods indicated in the contract. The Buyer undertakes, once the online purchase procedure is completed, to print and store the order confirmation email or the web page showing the order details. All the information contained in these General Terms and Conditions of Sale has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, as at the time of finalizing the order or creating the personal account on the site, a reference to this web page is shown and acceptance of the General Terms and Conditions of Sale is required.

14) RIGHT OF WITHDRAWAL

Pursuant to articles 52 et seq. of Legislative Decree no. 206/2005 and subsequent amendments, the Buyer has the right to withdraw from the contract, without needing to state reasons, within 14 (fourteen) days from the delivery of the goods, i.e., from the day on which the Buyer or a third party designated by him acquires physical possession of the goods. If the Buyer has purchased multiple products with a single order, the withdrawal period expires 14 (fourteen) days after the delivery of the last good. Withdrawal is not permitted for types of products for which it is expressly excluded under Article 59 of Legislative Decree no. 206/2005 and subsequent amendments (e.g., for tailor-made or clearly personalized goods).

To exercise the right of withdrawal, the Buyer, in accordance with art. 54 of the Consumer Code, may use, at their discretion, one of the following methods:

• transmission to the Seller at the following contact: customerservice@albertoguardiani.it of the withdrawal form published on the website and available at the following link https://www.albertoguardiani.it/pages/rma, fully completed;
• transmission to the Seller at the following contact: customerservice@albertoguardiani.it of an explicit declaration of intent to withdraw from the contract.

The Buyer must include the order number, found in the order confirmation email, in the email for exercising the right of withdrawal or in the return form.

Upon receipt of the withdrawal request, the Seller will promptly send an email confirmation of receipt to the Buyer.

In the event of withdrawal, the Buyer will be reimbursed for all amounts paid for the execution of the contract, including delivery costs, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller was informed of the Buyer's decision to withdraw from the Contract. These refunds will be made using the same payment method used by the Buyer for the initial transaction. The refund times may be longer if any local taxes and/or customs duties payable by the Buyer need to be deducted from the refund.

Unless the Seller has offered to collect the goods subject to the Buyer's exercise of the right of withdrawal, the Buyer is obliged to return or deliver the goods to the Seller without undue delay and in any case within 14 (fourteen) days from the day on which they communicated their intention to withdraw from the Contract to the Seller. The deadline is considered met if the Buyer sends back the goods before the expiry of the 14 (fourteen) day period to the following address:

BI&DO SRL C/O :
BRT - ROVIGO - SERVIZI LOGISTICI
Viale della Cooperazione, 1/B
45100 Rovigo RO – Italy

The costs of returning products are borne by the buyer for returns from both Italy and abroad. It should be noted that even in the event of withdrawal, any local taxes and customs duties are borne by the Buyer and, for the Buyer's convenience, will be deducted from the refund amount resulting from the withdrawal.

It should be noted that precious leather products subject to C.I.T.E.S. certification (Convention on International Trade in Endangered Species of Wild Fauna and Flora signed in Washington in 1973), delivered outside the territory of the European Union, can only be returned if accompanied by the certificate issued by the competent body. The Buyer who intends to return such goods will therefore be required to obtain the necessary documentation for the return of the goods and to bear the related expenses, which in no case can be deemed to be borne by the Seller.

Unless the Seller has offered to collect the goods itself, the Seller may withhold reimbursement of the price of the goods until it has received the goods back or until the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.

The Buyer is obliged to return the goods in intact condition, undamaged, with original labels not removed and in the original packaging. The packaging of the goods must be accurate, in order to protect the original wrapping from damage, inscriptions or labels.

In the event of forfeiture of the right of withdrawal due to expiry of the terms or in the event that the return cannot be accepted as it does not comply with the conditions set out in this article, the Seller will send the relevant email communication; if the goods have already been returned, they will remain available to the Buyer at the Supplier's warehouse for a period of 30 (thirty) days from the date the email was sent. After this period, the Seller undertakes to return the goods to the Buyer by courier. Shipping costs and the price of the goods, if already refunded, will be charged to the Buyer.

 

15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER DATA

The data controllers for Buyers' personal data are BI&DO S.R.L. (the Supplier) and BLUMORE S.R.L. (the Trademark Owner).

LOGICAL SYSTEM Srl processes the personal data of Buyers as a Data Processor, appointed for this purpose pursuant to art. 28 of EU Regulation 2016/679.

The purposes and methods of processing are specified in the Privacy Policy published on the Website and available at the following link Privacy Policy.

 

16) ONLINE DISPUTE RESOLUTION

The Buyer has the possibility to resort to the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Buyer and the Seller can resolve disputes relating to online purchases with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

17) CONTRACT ARCHIVING METHODS

Pursuant to art. 12 of Legislative Decree 70/03, the Seller informs the Buyer that every order submitted is stored digitally on the server where the site resides according to criteria of confidentiality and security.

18) APPLICABLE LAW AND COMPETENT COURT

These General Conditions are entirely governed by Italian law.

Conflict of laws rules and, in any case, private international law rules, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on April 11, 1980, are excluded. The mandatory legal provisions provided for in the State where the Buyer has their habitual residence are always reserved. Any dispute that may arise between the parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each contract - if the Buyer intends to resort to the ordinary Judicial Authority - will be the exclusive competence, at their discretion, of the Court of Fermo or the Court of the country of residence or domicile of the consumer, if the latter country is an EU Member State. The Seller will submit any dispute arising under these General Conditions to the competent Court of the country where the Buyer habitually resides, if it is an EU Member State; otherwise it will be submitted to the Court of Fermo.

19) SCOPE, DURATION AND EFFECTIVENESS OF THE GENERAL CONDITIONS

These General Conditions apply regardless of the Buyer's nationality, provided that the products are delivered in one of the countries where the online sales service operates.

By accepting these General Conditions at the time of purchasing a good on the site or creating a personal account, the Buyer declares to have carefully read their content and undertakes to comply with their provisions. The Buyer may not purchase goods through the site or create an account on the site if they do not accept these General Conditions.

The Seller reserves the right to make changes to these General Conditions from time to time, should such changes be necessary to ensure compliance with new legal provisions, for technical reasons, to adapt them to the sales models adopted by the Seller or to better protect the rights of the parties. The most recent version of the General Conditions is published on the site from time to time. In any case, each purchase is subject to the version of the General Conditions in force at the time the relevant order is placed.