1) DEFINITIONS

The term "Buyer" refers to the consumer, a natural person who makes the purchase, subject to this contract, for purposes not related to any commercial or professional activity they may carry out.

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

The term "Seller" refers to the entity that carries out the sale of the Supplier's goods subject to this contract.

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

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

2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES

Buyer:
Expressly declares that they are making the purchase for purposes unrelated to any commercial or professional activity carried out and undertakes not to trade in 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, Tax Code, VAT Number and registration number with the Companies Register of Marche 00881800429, telephone number: +39 351 212 1407, e-mail customerservice@albertoguardiani.it, which manages the site https://www.albertoguardiani.it.

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

3) OBJECT AND CONCLUSION OF THE CONTRACT

With this contract, the Seller sells and the Buyer purchases at a distance via telematics tools only the goods indicated and offered for sale on this site.

The contract between the Seller and the Buyer is concluded exclusively via the internet through the Buyer's access to this site's address, 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 through the online completion and submission of the order form, which will be displayed on the printable order summary webpage, showing the details of the ordering party and the order, the price of the purchased good, shipping costs, payment methods and terms, and the address where the good will be delivered. Once the Seller receives the order from the Buyer, it will send a confirmation e-mail and/or display a printable confirmation and order summary webpage, which also includes the data entered by the buyer in the order form. The order confirmation e-mail (or the confirmation and summary webpage) produced by the Seller's computer system does not create any legal obligation, as it is merely an order summary.

The contract is considered finalized and effective between the parties only upon execution of the order and the issuance of the relative invoice, with the Seller having the possibility, up to 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 along with the Privacy Policy. Failure to accept the General Conditions results in the impossibility of registering 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. Upon registration, the user must also enter a password of their choice. Registration will be confirmed via e-mail to the address provided by the user at the time of registration. The user guarantees that the site access password will be used exclusively by the user themselves and not transferred to third parties. Should the user become aware of any 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 the link https://www.albertoguardiani.it/account/login. An e-mail will then be sent to them to set a new password.

The data entered at the time of ordering and registration will be processed in accordance with the provisions of current legislation on privacy.

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

LOGICAL SYSTEM Srl reserves the possibility to refuse, at its sole discretion, registration to the Site as well as the right not to accept orders from anyone, should 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 are handled directly by Wirecard or other banks specialized in the management of online payments; PayPal data are handled directly by PayPal. Information is encrypted through the use of next-generation encryption systems that prevent 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 genuineness of the ownership of the card itself in case of issues. Upon completion of this verification, in case of a positive result, the procedure to conclude the contract and deliver the order will proceed, provided there are no other obstacles.

Any refund to the Buyer, if entitled, will be made using the same payment method used to pay for the purchase order. In case of non-acceptance of the order, the Seller will reimburse the buyer, as quickly as possible, for everything paid, it being understood that refunds will be processed in the times and ways provided by the manager of the payment instrument used. In case of withdrawal, the refund will be credited within a maximum of 14 (fourteen) days from the date of the withdrawal communication; the timing of the refund following a withdrawal could be longer if any duties borne by the Buyer must be deducted from the refund, as better specified in the following art. 14. (check withdrawal art).

It is specified that in online sales, according to art. 22 of the Decree of the President of the Republic of 26/10/1972 n.633 and article 2, letter oo) of the DPR of December 21, 1996, n.696 (as confirmed by Resolution n. 274/E of November 5, 2009), the Seller is not required to issue an invoice (nor a receipt or tax receipt) to the consumer buyer. However, the request for an electronic invoice must be received via e-mail at the address servizioclienti@guardiani.it within 7 days from the order issuance date. In this case, the Seller will send the requested invoice to the e-mail address indicated during registration or "guest" purchase. If the invoice is not requested during the purchase procedure, it cannot under any circumstances be requested and issued retroactively. If the buyer does not request the issuance of an invoice, the Seller will still send a purchase receipt both in digital form to the e-mail address indicated during registration and in paper copy inside the shipping package. This receipt has no tax 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 shall prevail. After the invoice has been issued, it will not be possible to change the indicated data, therefore the buyer is invited to carefully verify the data entered before proceeding with sending the order.

Due to company policy, tax invoices are not issued for countries belonging to the European Community, as provided for by Directive 2014/55/EU.

5) DELIVERY TIMES AND METHODS

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

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

Delivery times are in any case not mandatory, as they may vary based on the destination country, the management and organizational timing of order fulfillment, as well as factors not directly controllable by the Seller and not attributable to it; a circumstance of which the buyer declares to be informed and to accept.

In the event that the Seller is unable to ship within the deadlines specified at the time of purchase, it will promptly notify the Buyer by e-mail, indicating the deadline by which the order fulfillment will take place.

6) SHIPPING COSTS

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

Shipping takes place with the DDP (Delivery Duty Paid) formula in European Union countries, so in these destinations, the goods will arrive directly at the indicated delivery location without having to pay further sums compared to what has already been paid at the time of formulation and submission of the order.

For all other countries, the DDU (Delivery Duty Unpaid) formula is used, so the courier could arrive with a separate invoice with which they request payment of duties and taxes required by local authorities. The Buyer residing in a country outside the EU is advised to inform themselves about local taxes and duties before submitting the order to the Seller.

Local taxes and customs duties are always borne by the Buyer, both at the time of purchase and in case of withdrawal.

7) DELIVERY

At the time of delivery, the Buyer is required to check that the number of packages corresponds to that indicated in the transport documents and that the packaging is intact and without signs of damage, tampering, or alteration. If this verification does not have a positive outcome, the Buyer must immediately make the appropriate complaints to the courier, refusing the delivery or accepting it with written reservation on the transport document. Failing this, once the courier's document is signed, the Buyer cannot raise any objection regarding the external characteristics of what was delivered. Furthermore, the Buyer must inform the Seller of what happened by contacting Customer Service at the following e-mail address: customerservice@albertoguardiani.it, no later than 8 (eight) days from the product delivery date, to report any problems concerning the physical integrity, correspondence, or completeness of the products received. The Buyer's right to the legal guarantee of conformity referred to in the following article 11 and the right of withdrawal referred to in the following article 14 remain unaffected in any case.

8) PRICES

The sale prices indicated on the site are expressed in Euros and are inclusive of VAT, if applicable due to the country of product shipment. The sale 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 sale prices depending on the country of product shipment. All product prices on the Website are exclusive of shipping costs.

In the event that a recognizable error is found in the price indication of a good 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 present in the catalog published on the Site and available at the time of the purchase order by the Buyer can be purchased. The goods catalog may be periodically updated, therefore the Seller provides no guarantee regarding the persistence of a good among those available nor regarding the availability of all sizes/colors/versions of each good present in the catalog.

The goods present on the Site are available until stocks last. If, even though selectable, the chosen good is temporarily unavailable, the Seller will promptly notify the Buyer via e-mail at the address provided by them, indicating when the good will be available again and the estimated delivery date, asking the Buyer if they intend to confirm the purchase order or not.

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

10) LIMITATIONS OF LIABILITY

The Seller assumes no responsibility for disservices attributable to force majeure, in case it is unable to execute the order within the times provided by the contract. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside the control of itself or its sub-suppliers. The Seller will also not be responsible for damages, losses, and costs suffered by the Buyer as a result of the non-execution of the contract for causes not attributable to it, with the Buyer having the right only to the full restitution 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 products purchased, provided it demonstrates that it has adopted all ordinary precautions possible based on ordinary diligence.

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

The goods sold through the site to the Buyer (consumer) enjoy the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee"). To benefit from the guarantee, the Buyer must keep and exhibit the invoice (or purchase receipt or DDT) that they will receive upon delivery.

The Legal Guarantee can be requested for any lack of conformity existing at the time of delivery of the good, provided that the lack of conformity became apparent within 2 (two) years from delivery. The Buyer is required to report the lack of conformity by contacting Customer Service at the e-mail address indicated in article 12; this report must contain: the order number; the shipping and delivery date of the good (shipping note date); an accurate and complete description of the defects or faults complained of; photographs of the non-conforming good with detail of the fault; the name and contact details of the person to contact for any communications. Customer Service will respond to the Buyer's communication, giving them, if necessary, instructions for shipping the defective good.

The "lack of conformity", by express legal provision, exists when the purchased good:

- is not suitable for the use for which goods of the same type are habitually used;

- is not in conformity with the description made by the Supplier and does not possess the qualities of the good that the Supplier presented to the consumer as a sample or model;

- does not possess the usual qualities and performance of goods of the same type, also taking into account any statements made in advertising or on labeling;

- is not suitable for the specific use intended by the consumer, if brought to the attention of the Supplier and/or the Seller at the time of purchase.

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

The Buyer may request, at their discretion, to have the good repaired or replaced, free of charge, 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 make the goods conform through repair or replacement if repair and replacement are impossible or if the costs that the Supplier would have to 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 proportional reduction in the price or the termination of the Contract if one of the following situations occurs: (i) the Supplier has not performed the repair or replacement, or has not performed the repair or replacement, where possible, in accordance with Article 135-ter, paragraphs 1, 2, and 3 of the Consumer Code, or has refused to make the goods conform; (ii) a lack of conformity becomes apparent despite the Supplier's attempt to restore the good's conformity; (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 they will not proceed with restoring the conformity of the good within a reasonable period or without significant inconvenience to 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.

Where, after the good has been collected, it is verified that the reported lack of conformity actually exists, any transport, repair, or replacement costs for the good shall remain at the expense of the Supplier. Otherwise, or where it is verified that the reported lack of conformity does not exist or that there are no grounds for the applicability of the Legal Guarantee, the Legal Guarantee shall not apply, and all transport costs as well as the costs associated with the verification of the alleged lack of conformity shall be borne by the Buyer, who will be notified accordingly.

The Buyer acknowledges and accepts that any defects or damages that occurred after the time of delivery of the good, 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 liable for the consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal rule or binding provision, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective. No compensation shall be due if the injured party was aware of the product's defect and the danger it posed and nonetheless 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 something other than the defective product, provided that it is of a type normally intended for private use or consumption and was primarily used as such by the injured party. Damage to property as referred to in Art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).

12) CUSTOMER SERVICE

The Customer Service department, which the Buyer may contact for any information, to request assistance, or to lodge complaints, can be reached via email at customerservice@albertoguardiani.it or by phone at +39 351 212 1407.

13) REPRESENTATIONS, WARRANTIES, AND OBLIGATIONS OF THE BUYER

The Buyer represents and warrants: that they can legitimately accept these General Conditions; that they are of legal age; that the personal data and other information provided to the Seller during the site registration or purchase process are truthful, correct, and up-to-date; that they will use the site in compliance with any applicable legal or regulatory provisions, refraining from any form of direct and/or indirect use of the site that is contrary to the law, these General Conditions, or prejudicial 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, including by requesting suitable supporting documentation from the Buyer, and, in the event of a violation, to close or suspend the Buyer's account.

The Buyer undertakes to hold the Seller harmless and indemnify them against any liability, action, cost, expense, and claim that may arise from the Buyer's breach of the representations and warranties set forth 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 good within the times and in the manner indicated by the contract. Once the online purchase procedure is completed, the Buyer undertakes to print and store the order confirmation email or the web page containing the order data. Furthermore, all information contained in these General Conditions of Sale has already been viewed and accepted by the Buyer, who acknowledges this, as a link to this web page is displayed at the time of finalizing the order or creating a personal account on the site, and acceptance of the General Conditions of Sale is required.

14) RIGHT OF WITHDRAWAL

Pursuant to Arts. 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 the reasons, within 14 (fourteen) days from the delivery of the good, or from the day on which the Buyer or a third party designated by them acquires physical possession of the good. If the Buyer has purchased multiple products in a single order, the withdrawal period expires after 14 (fourteen) days from the delivery of the last good. Withdrawal is not permitted for types of products for which it is expressly excluded pursuant to Art. 59 of Legislative Decree no. 206/2005 and subsequent amendments (e.g., for custom-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 site 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 statement of their intention to withdraw from the contract.

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

Upon receipt of the withdrawal request, the Seller will promptly provide the Buyer with an acknowledgment of receipt via email.

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 is informed of the Buyer's decision to withdraw from the Contract. Such refunds will be made using the same payment method used by the Buyer for the initial transaction. Refund times may be longer if any local taxes and/or customs duties borne by the Buyer need to be deducted from the refund.

Unless the Seller has offered to collect the good subject to the exercise of the right of withdrawal by the Buyer themselves, the Buyer is required to return or deliver the good 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 good before the expiration of the 14-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 the products are borne by the Buyer, both for returns from Italy and for returns from abroad. It is specified that even in the case of withdrawal, any local taxes and customs duties are borne by the Buyer and, for their convenience, will be deducted from the amount of the refund following the withdrawal.

Please note that products made of precious leather subject to C.I.T.E.S. certification (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973), delivered outside the territory of the European Union, may only be returned if accompanied by the certificate issued by the competent body. The Buyer intending to return such type of 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 considered borne by the Seller.

Unless the Seller has offered to collect the good itself, the Seller may suspend the refund of the price of the good until receipt of the same or until the Buyer has demonstrated that they have shipped the good back, whichever occurs first.

The Buyer is required to return the good in an intact state of preservation, undamaged, with original labels not removed, and in the original packaging. The packaging of the good must be careful in order to safeguard the original casing from damage, the affixing of writing, or labels.

In the event of forfeiture of the right of withdrawal due to expiration of the deadlines, or in the event that the return cannot be accepted as it does not comply with the conditions set forth in this article, the Seller will provide notification via email; the good, if already returned, will remain available to the Buyer at the Supplier's warehouse for a period of 30 (thirty) days from the date of sending the email. After this period, the Seller undertakes to return the good to the Buyer via courier. Shipping costs and the price of the good, if already refunded, will be charged to the Buyer.

15) PRIVACY PROTECTION AND PROCESSING OF BUYER DATA

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

LOGICAL SYSTEM Srl processes Buyers' personal data in its capacity as Data Processor, duly appointed 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 related to online sales contracts ("ODR Platform"). Through the ODR Platform, the Buyer and the Seller can resolve disputes related 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) METHOD OF CONTRACT ARCHIVING

Pursuant to Art. 12 of Legislative Decree 70/03, the Seller informs the Buyer that every order sent is stored in digital form on the server where the site resides according to criteria of confidentiality and security.

18) APPLICABLE LAW AND JURISDICTION

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 provisions of law provided for in the State where the Buyer has their habitual residence remain unaffected. 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 - should the Buyer wish to take action before the ordinary Judicial Authority - shall be under the exclusive jurisdiction, at their discretion, of the Court of Fermo or the Court of the country of the consumer's residence or domicile, if the latter country is an EU Member State. The Seller shall submit any dispute arising within the scope of these General Conditions to the competent Court of the country where the Buyer habitually resides, if it is an EU Member State; otherwise, it shall 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 delivery of the products takes place 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 that they have carefully read their content and commit to respecting what is provided therein. The Buyer will not be able to purchase goods through the site or create an account on the site in the event of non-acceptance of these General Conditions.

The Seller reserves the right to make changes to these General Conditions from time to time, where such changes are necessary to ensure compliance with subsequent 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, the version of the General Conditions in force at the time of placing the relevant order applies to each purchase.