- Identification and obligations of the parties
- Object and conclusion of the contract
- Method of payment and reimbursement
- Delivery times and methods
- Shipping and delivery costs
- Product availability
- Limitations of responsibility
- Legal guarantee of conformity, responsibility for defects, proof of damage and refundable damages: obligations of the supplier
- Customer Service
- Declarations, warranties and obligations of the purchaser
- Right of withdrawal
- Protection of confidentiality and handling of purchaser's data
- Online dispute resolution
- Method of archiving the contract
- Settlement of disputes and relevant law
- Scope, duration and effectiveness of the contractual conditions
The term "Purchaser" is understood to mean the consumer who is a natural person and who makes the purchase, as referred to in this contract, for purposes that are not related to his or her commercial or professional activity.
The term "Supplier" means the entity that produces and/or supplies the goods covered by this contract.
The term "Seller" means the person who performs the sale of the Supplier's goods covered by this contract.
Trademark owner" means the company that owns the trademarks relating to the goods sold on the site.
The expression "online sales contract" refers to the sales contract relating to goods produced and/or supplied by the Supplier, entered into between the Seller and the Purchaser within the scope of a distance sales system using telematic tools, organised by the Seller itself and governed by Legislative Decree No. 70 of 9 April 2003 on electronic commerce and, in part, by Articles 50 et seq. of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and subsequent amendments and additions.
2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES
He expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity and undertakes not to trade in the purchased goods.
The goods subject to the purchase governed by these general conditions are produced and/or supplied by ZEIS EXCELSA S.P.A., with registered office in Montegranaro (FM), Via Alpi nn.133/135, Tax Code, VAT number and registration number with the Marches Register of Companies 00101700441.
The goods subject to the purchase governed by these general conditions are offered for sale by DROP SRL, with registered office in Montegranaro (FM), via Sandro Pertini n.1, Tax Code, VAT number and registration number with the Marches Register of Companies 01383870431, telephone number: 39 0240043682, e-mail email@example.com, which manages the website https://www.albertoguardiani.it.
Proprietor of the trade marks:
The Alberto Guardiani trademark is the property of BLUMORE S.R.L., with registered office in Fermo (FM), Via Donizetti 6, tax code, VAT number and registration number with the Marches Register of Companies 02366680441.
3) OBJECT AND CONCLUSION OF THE CONTRACT
With the present contract, respectively, the Seller sells and the Buyer purchases at a distance by telematic means only the goods indicated and offered for sale on this site.
The contract between the Seller and the Purchaser is concluded exclusively via the Internet through the Purchaser's access to the address on this site, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods offered for sale.
The purchase contract is concluded by means of an irrevocable order from the Purchaser by filling in and sending the order form online, which will be displayed on the printable order summary web page, in which the Purchaser's details and order details, the price of the goods purchased and shipping costs, the payment methods and terms, and the address where the goods will be delivered are indicated. When the Seller receives the order from the Purchaser, it will send a confirmation e-mail and/or display a printable web page confirming and summarising the order, which also contains the data entered by the Purchaser in the order form. The order confirmation e-mail (or the web page confirming and summarising the order) produced by the Seller's computer system does not produce any legal obligation, as it is merely a summary of the order.
The contract shall only be deemed to be concluded and effective between the parties upon execution of the order and issuance of the relevant invoice, the Seller having the option, until such time, to refuse the order.
Registration on the site is free of charge. The user declares that the data provided when registering on the site are correct, complete and true. When registering, the user must also enter a password of his choice. Registration will be confirmed by e-mail to the address provided by the user during registration. The user guarantees that the password for access to the site will be used exclusively by the user and will not be passed on to third parties. If the user should become aware of undue use of the password by any third party, he must immediately inform the Seller by sending an e-mail to the following address firstname.lastname@example.org. In any case, the user can change his password at any time by clicking on the link https://www.albertoguardiani.it/account/login. An email will then be sent to him/her to set the new password.
The data entered when ordering and registering will be processed in accordance with the provisions of current privacy legislation.
DROP Srl reserves the right to refuse, at its sole discretion, registration to the Site as well as the right not to accept orders from anyone, if they are abnormal in relation to the quantity of products purchased.
4) METHOD OF PAYMENT AND REIMBURSEMENT
The Seller accepts advance payment of the products ordered by means of the main Credit Cards (Mastercard and Visa circuits) and PayPal. The credit card data are managed directly by Wirecard or other banks, specialised in the management of on-line payments; PayPal data are managed directly by PayPal. The information is encrypted using the latest generation of encryption systems that prevent it from being used 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 bank issuing the credit card (or PayPal) to verify the genuineness of the ownership of the card itself in the event of problems. At the end of this verification, in the event of a positive outcome, we shall proceed with the procedure to conclude the contract and the delivery of the order placed, if there are no further obstacles.
Any reimbursement to the Purchaser, if the latter is entitled to it, will be made using the same method of payment used to pay for the purchase order. In the event of non-acceptance of the order, the Seller shall refund the Purchaser, as soon as possible, all sums paid, it being understood that refunds shall be processed in the time and manner provided by the manager of the payment instrument used. In case of withdrawal, the refund shall be credited within 14 (fourteen) days from the date of communication of the withdrawal; the refund time following withdrawal may be longer in the event that any duties to be borne by the Buyer must be deducted from the refund as better specified in art.14 below. (check withdrawal art)
It should be noted that in the case of online sales, pursuant 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) to the consumer purchaser. However, the Purchaser may request the Seller to issue a fiscal invoice, if he so wishes. The request for an electronic invoice must be received by e-mail at email@example.com within 7 days after the order has been issued. In this case, the Seller shall send the requested invoice to the e-mail address indicated during registration or purchase as "guest". If the invoice is not requested during the purchase procedure, it cannot in any case be requested and issued afterwards. If the purchaser does not request the issuance of an invoice, the Seller shall in any case send a purchase receipt both in digital form to the e-mail address indicated during registration and in hard copy inside the shipping package. This receipt has no fiscal validity and is only useful for assistance or warranty purposes.
The invoice is issued on the basis of the information provided by the purchaser when placing the order. After the invoice has been issued, it will not be possible to modify the data indicated, so we invite the purchaser to carefully check the data entered before sending the order.
5) DELIVERY TIMES AND METHODS
Order processing times may vary from the day the order is placed to a maximum of 5 working days, within which time the order is accepted, execution of the order begins and the invoice is issued.
The Supplier and the Seller shall ensure - via the telematics system used - that orders are processed and fulfilled within the timeframe specified in the purchase.
Delivery times are in any case not binding, as they may vary depending on the country of destination, on the management and organisational timing of order processing, as well as on factors not directly controllable by the Seller and not attributable to it; the Buyer declares to be informed of and to accept these circumstances.
In the event that the Seller is not able to dispatch the goods within the terms specified in the purchase phase, it will promptly notify the Purchaser by e-mail, indicating the term within which the order will be processed.
6) SHIPPING AND DELIVERY COSTS
The Seller ships goods all over the world except to China. Shipping costs vary according to the destination countries and shipping methods chosen and will be calculated and indicated in the purchase procedure before the Purchaser submits the order, as well as shown on the web page summarising the order placed.
The goods are shipped DDP (Delivery Duty Paid) to EU countries, meaning that in these destinations the goods will arrive directly at the indicated delivery location without having to pay any additional amount over and above what has already been paid when the order is placed and sent.
For all other countries DDU (Delivery Duty Unpaid) is used, so the courier may come with a separate invoice requesting payment of duties and taxes required by local authorities. Buyers residing in non-EU countries are advised to enquire about local taxes and duties before placing an order with the Seller.
Local taxes and customs duties are always borne by the Buyer, both at the time of purchase and in case of withdrawal.
At the time of delivery, the Purchaser must check that the number of packages corresponds to that resulting from the transport documents and that the packaging is intact and without signs of damage, tampering or alteration. If this check is unsuccessful, the Purchaser shall immediately make the appropriate complaints to the courier, refusing the delivery or accepting it with a written reservation on the transport document. Failing this, once the courier's document has been signed, the Purchaser may not object to the external characteristics of the goods delivered. Furthermore, the Purchaser must inform the Seller of the incident by contacting Customer Service at the following e-mail address firstname.lastname@example.org, no later than 8 (eight) days from the date of delivery of the product, to report any problems concerning the physical integrity, correspondence or completeness of the products received. This is without prejudice, in any case, to the Purchaser'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.
The sales prices indicated on the site are expressed in Euros and are inclusive of VAT, if applicable, depending on the country in which the products are shipped. The sales prices applicable to the Purchaser 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 check the final price before submitting the purchase order. The Seller reserves the right to apply different sale prices depending on the country in which the products are shipped. All product prices on the Website are exclusive of shipping costs.
In the event of a recognisable error in the indication of the price of a good or in the calculation of the amount requested in payment, the Seller will not accept the order and will contact the Buyer to enable him to transmit the purchase order with the correct amount.
9) PRODUCT AVAILABILITY
Only the goods in the catalogue published on the Site and available at the time of the purchase order by the Purchaser may be purchased. The catalogue of goods may be periodically updated, therefore the Seller does not guarantee that any goods will be available or that all sizes/colours/versions of any goods in the catalogue will be available.
The goods present on the Site are available until sold out. If, although selectable, the chosen goods are temporarily unavailable, the Seller will promptly notify the Purchaser by e-mail to the address provided by the same, indicating when the goods will be available again and the estimated delivery date, asking the Purchaser whether or not he intends to confirm the purchase order.
In the event of permanent unavailability of the goods, Drop will promptly notify the Purchaser by e-mail and Drop will refund the amounts paid by the Purchaser.
10) LIMITATIONS OF RESPONSIBILITY
The Seller accepts no liability for inefficiencies attributable to force majeure, in the event that it is unable to execute the order within the time stipulated in the contract. The Seller shall not be held liable to the Purchaser, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers. Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to a full refund of the amount paid. The Seller assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards, upon payment of the purchased products, if it can prove that it has taken all possible precautions based on ordinary diligence.
11) LEGAL GUARANTEE OF CONFORMITY, RESPONSIBILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: OBLIGATIONS OF THE SUPPLIER
Goods sold through the site to the Purchaser (consumer) are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee"). In order to benefit from the guarantee, the Purchaser must keep and present the invoice (or purchase receipt or delivery note) which he will receive at the time of delivery.
The Legal Warranty may be requested for any lack of conformity existing at the time of delivery of the goods, provided that the lack of conformity became apparent within the term of 2 (two) years from delivery. The Purchaser must report the lack of conformity by contacting Customer Service at the e-mail address indicated in Article 12; the report must contain: the order number; the date of shipment and delivery of the goods (date of the shipping note); an accurate and complete description of the defects or faults complained of; photographs of the non-conforming goods with details of the fault; the name and contact details of the person to contact for any communications. The Customer Service will reply to the Purchaser's communication, giving him, if necessary, instructions for shipping the defective goods.
The "lack of conformity", by express provision of law, exists when the purchased goods:
- is not suitable for the use for which goods of the same type are normally used;
- does not conform to the description made by the Supplier and does not possess the qualities of the good that the Supplier has presented to the consumer as a sample or model;
- does not have the usual qualities and performance of goods of the same type, taking into account also claims made in advertising or on labelling;
- is not suitable for the particular use intended by the consumer if brought to the attention of the Supplier and/or Seller at the time of purchase.
The Supplier reserves the right to verify the validity of the claims at its premises or by examining the photographs attached to the complaint email. The Supplier shall bear the shipping costs for collecting the defective goods.
The Purchaser may, at its discretion, request that the goods be repaired or replaced, without charge, unless the remedy chosen is objectively impossible or excessively onerous compared to the other, taking into account all the 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 by repair and replacement if repair and replacement are impossible or if the costs that the Supplier would have to bear are disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis (2) a) and b) of the Consumer Code.
The Purchaser may, at his discretion, demand an appropriate reduction in the price or 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 becomes apparent despite the Supplier's attempt to restore the conformity of the goods; (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the contract of sale; (iv) the Supplier has declared or it is clear from the circumstances that he will not restore the conformity of the goods within a reasonable period or without significant inconvenience to the consumer Customer.
The Purchaser shall not be entitled to terminate the contract if the lack of conformity is minor.
If, after taking back the goods, the conformity defect reported is found to exist, any transport, repair or replacement costs shall be borne by the Supplier. If this is not the case, i.e. if it is found that the conformity defect reported does not exist or that the conditions for the applicability of the Legal Warranty do not exist, the Legal Warranty shall not apply and all transport costs and costs associated with the verification of the alleged conformity defect shall be borne by the Purchaser, who shall be notified thereof.
The Buyer acknowledges and accepts that defects or damage occurring after delivery of the goods, such as those caused by improper use by the Buyer or third parties, are not covered by the Legal Warranty.
The Supplier and the Seller shall not be liable for the consequences of a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, 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 aggrieved party was aware of the product's defect and of the danger arising therefrom and nevertheless voluntarily exposed itself to it. In any event, the aggrieved party must prove the defect, the damage and the causal connection between the defect and the damage. The aggrieved party may seek compensation for damages caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided that it is of a kind normally intended for private use or consumption and so principally used by the aggrieved party. However, damage to items referred to in article 123 of the Consumer Code shall only be indemnifiable to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12) CUSTOMER SERVICE
The Customer Service, which the Purchaser can contact for any information, assistance or complaints, can be reached by e-mail at email@example.com or by telephone at 39 0240043682.
13) DECLARATIONS, WARRANTIES AND OBLIGATIONS OF THE PURCHASER
The Buyer declares and guarantees: that he/she can legitimately accept these General Conditions; that he/she is of legal age; that the personal data and other information communicated to the Seller when registering on the site or purchasing goods are true, correct and up-to-date; that he/she will use the site in compliance with any applicable legal provision or regulation, refraining from any form of direct and/or indirect use of the site that is contrary to the law, to these General Conditions or detrimental to the rights of third parties.
The Seller reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting appropriate supporting documentation from the Buyer and, in the event of a breach, to close or suspend the Buyer's account.
The Buyer undertakes to indemnify and hold harmless the Seller against all liabilities, actions, costs, expenses and claims that may arise from the breach by the Buyer of the representations and warranties referred to in this article, without prejudice in any case to the Seller's right to terminate the contract with immediate effect pursuant to article 1456 of the Civil Code.
The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the contract. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep the order confirmation email or the web page containing the order data. All the information contained in these General Conditions of Sale have, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, since at the time the order is finalised or the personal account is created on the site, a reference to this web page is shown and acceptance of the General Conditions of Sale is requested as necessary.
14) RIGHT OF WITHDRAWAL
Pursuant to Articles 52 et seq. of Legislative Decree no. 206/2005 and subsequent amendments, the Purchaser has the right to withdraw from the contract, without having to give any reasons, within 14 (fourteen) days from delivery of the goods, or from the day on which the Purchaser or a third party designated by him acquires physical possession of the goods. If the Purchaser has purchased several products in a single order, the withdrawal period shall expire 14 (fourteen) days after delivery of the last good. Withdrawal is not allowed for the types of products for which this is expressly excluded pursuant to art. 59 of Legislative Decree no. 206/2005 and subsequent amendments (for example, for goods made to measure or clearly customised).
To exercise the right of withdrawal, the Purchaser, in accordance with Article 54 of the Consumer Code, may use one of the following methods, at his discretion:
- transmission to the Seller at the following contact: firstname.lastname@example.org of the withdrawal form published on the site and available at the following link https://www.albertoguardiani.it/pages/rma filled out in full;
- transmission to the Seller at the following contact: email@example.com of an explicit statement of intention to withdraw from the contract.
The Purchaser must state the order number indicated in the order confirmation e-mail in the e-mail for exercising the right of withdrawal or in the return form.
Upon receipt of the request for withdrawal, the Seller shall promptly notify the Buyer by email of an acknowledgement of receipt.
In the event of withdrawal, the Buyer shall be refunded all sums paid for performance of the Contract, including delivery costs, without undue delay and in any event not later than 14 (fourteen) days from the day on which the Seller was informed of the Buyer's decision to withdraw from the Contract. Such refunds shall be made using the same means of payment used by the Buyer for the initial transaction. Refund times may be longer if any local taxes and/or customs duties payable by the Buyer are to be deducted from the refund.
Unless the Seller has offered to collect the goods to which the Purchaser has exercised his right of withdrawal, the Purchaser shall return or deliver the goods to the Seller without undue delay and in any event within 14 (fourteen) days from the day on which he has notified the Seller of his wish to withdraw from the Contract. The deadline shall be deemed to have been met if the Buyer returns the goods before the expiry of the 14 (fourteen) day period to the following address: Docksteps Factory Store - Zeis Excelsa Spa - Via Alpi, 126 - 63812 Fermo (FM) - Italy.
The costs of returning the products are borne by the Buyer and, for the convenience of the same, will be deducted from the amount of the refund resulting from the withdrawal. Please note that even in case of withdrawal any local taxes and customs charges are borne by the Buyer and, for the convenience of the same, will be deducted from the amount of the refund resulting from the withdrawal.
Please note that fine leather products subject to C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973) certification, 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 this type of goods shall therefore be required to obtain the necessary documentation for the return of the goods and to bear the relative costs, which in no case can be considered to be at the Seller's expense.
Unless the Seller has offered to collect the goods himself, the Seller may suspend reimbursement of the price of the goods until receipt of the goods or until the Buyer has demonstrated that he has returned the goods, whichever is sooner.
The Purchaser shall return the goods in an intact, undamaged condition, with original labels not removed and in the original packaging. The packaging of the goods must be accurate, in order to safeguard the original wrapping from damage, affixing of writing or labels.
In the event of forfeiture of the right of withdrawal due to expiration of the terms or in the event that the returned goods cannot be accepted because they do not comply with the conditions of this article, the Seller will provide for the relative communication by registered letter with return receipt; the goods, if already returned, will remain available to the Purchaser at the Seller's warehouse for a period of 30 (thirty) days from the date of sending the registered letter. After this period, the Seller undertakes to return the goods to the Purchaser by courier. Shipping costs and the price of the goods, if already reimbursed, shall be charged to the Purchaser.
15) PROTECTION OF CONFIDENTIALITY AND HANDLING OF PURCHASER'S DATA
The data controllers of the Purchasers' personal data are ZEIS EXCELSA S.P.A. (the Supplier) and BLUMORE S.R.L. (the Owner of the Brands).
DROP Srl processes the Purchasers' personal data in its capacity as Data Processor, appointed for this purpose pursuant to Article 28 of EU Regulation 2016/679.
16) ONLINE DISPUTE RESOLUTION
The Buyer has the option of using 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 purchases made online 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 ARCHIVING THE CONTRACT
Pursuant to Article 12 of Legislative Decree 70/03, the Seller informs the Buyer that each order sent is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
18) SETTLEMENT OF DISPUTES AND RELEVANT LAW
These General Terms and Conditions are governed entirely by Italian law.
Conflict of laws and in any event the rules of private international law as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980 are excluded. The mandatory provisions of the law of the country in which the Buyer is habitually resident shall always apply. Any dispute arising between the parties in connection with the validity, interpretation, execution and termination of these General Conditions or of each contract - if the Purchaser intends to take recourse to the ordinary Judicial Authority - shall be subject to the exclusive jurisdiction, at its discretion, of the Court of Fermo or of the Court of the country of residence or domicile of the consumer, if the latter country is an EU Member State. The Seller shall submit any dispute arising under these General Conditions to the competent Court of the country in which the Purchaser normally 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 CONTRACTUAL CONDITIONS
These General Conditions apply irrespective of the Buyer's nationality, provided that the products are delivered in one of the countries in which the online sales service operates.
By accepting these General Terms and Conditions when purchasing goods on the site or creating a personal account, the Buyer declares that he has 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 he does not accept 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 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 from time to time on the website. In any case, the version of the General Conditions in force at the time the order is placed applies to each purchase.