GENERAL CONDITIONS OF SALE
1. Scope of application. Validity.
These general conditions of sale apply to all sales contracts concluded, as a business agency, or as a direct seller, personally or remotely, by the individual company Deborah Gottardi (PI: 04833270269) with registered office in Treviso (TV), Via S. Margherita n. 8, in the person of its legal representative Deborah Gottardi (CF: GTTDRH88A59L407B).
Unless expressly derogated from by specific conditions agreed in writing between the Agency and the Client, they regulate the supply of Services and Products to the Client.
The Agency reserves the right to modify these conditions at any time and the modifications will be considered to have entered into force from the date of their publication on the Site.
Before confirming or forwarding the order, the Customer is required to carefully examine the general conditions of sale in force and to take ordinary diligence to learn about them.
These General Conditions will be published on the Site in the current version; the Customer is required to read them when placing the order or accepting the service proposal.
With the confirmation of the order, or the acceptance of the proposal for agency services, the Customer may receive a copy of these general conditions of sale or a link to view and download them.
No contract will be considered concluded until the Agency confirms in writing (or by equivalent means) the acceptance of the Customer's order.
2. Definitions.
In these general conditions of sale the following shall apply:
– as “Agency" the individual enterprise Deborah Gottardi (PI: 04833270269) with registered office in Treviso (TV), Via S. Margherita n. 8, in the person of the legal representative Deborah Gottardi (CF: GTTDRH88A59L407B); PEC gottardi.deborah@pec.it; e-mail: gottardi.deborah@gmail.com.
– as “Customer” and/or “Consumer"the Customer, a natural person who makes purchases of products or commissions services for purposes other than those of any entrepreneurial, commercial, artisanal or professional activity carried out (and in this case the contracts concluded for the purchase of the Products or Services are governed by Legislative Decree 206/2005"Consumer Code”);
– as “Remote Customer” the Consumer who makes purchases from the Agency online on the website www.de-luxeshoponline.com (the “Site”) or by other remote means such as social networks;
– as “Products” and/or “Services” respectively the goods and services which are the object of the commercial activity of the Agency;
– “online sales contract”, means the sales contract relating to the Products of the Agency or private individuals, stipulated between them and the Customer within the scope of a remote sales system via telematic tools, organised by the Agency.
3. Pre-contractual information.
Before concluding the contract, the Customer is required to read these general contract conditions and the characteristics of the Products, illustrated in the individual Product Sheets published on the site or social networks, or the methods of offering the Services provided by the Agency.
In the case of a Customer having the quality of Consumer, before the order becomes binding the Consumer will be duly informed regarding the following contractual elements:
- The total price of the Products or Services including taxes, with details of shipping costs and any other additional or potential costs;
- The payment methods, means and electronic circuits through which payments can be made;
- the delivery methods and the deadline by which the Agency undertakes to deliver the Products or provide the Services;
- the conditions, terms and procedures for exercising the right of withdrawal, where applicable;
- the information that the Consumer will have to bear the cost of returning the goods in the event of withdrawal, where applicable;
- information on the existence of the legal guarantee of conformity in favour of the Consumer for the Products purchased;
- any after-sales assistance conditions and conventional guarantees offered by the Agency.
The Client may, before the conclusion of the contract, take note of the information relating to the Agency published on the Site, including that relating to the geographical address, telephone and fax number and e-mail address.
4. Conclusion of the contract.
By sending the order to the Agency, the Customer acknowledges and declares that he/she has read all the information provided during the purchase procedure by filling in the request form and the consent to purchase expressed through the adhesion sent online or by filling in the form attached online to the address and the subsequent sending of the form itself, always after viewing a printable order summary web page, which contains the details of the person ordering and the order, the price of the purchased item, the shipping costs and any additional charges, the payment methods and terms, the address where the item will be delivered, the delivery times and the existence of the right of withdrawal, and that he/she has read, understood and fully accepted these general conditions of sale. Only the order expressly accepted by the Agency in exchange for full payment of the price will be considered confirmed.
The contract between the Agency and the Client must therefore be considered concluded only when the Client receives confirmation of the order received, via email to the address indicated by the Client or also by other written means for orders placed outside the Site. From that moment the order can no longer be modified.
The Customer undertakes to verify the accuracy of the personal data contained in the order confirmation above and to promptly communicate to the Agency any corrections/modifications to be made.
For goods not owned by the Agency, for which the Agency has received a sales mandate from the owner, the sales contract is deemed to be concluded exclusively between the owner of the goods and the Customer.
5. Description of products.
The agency sells, directly or on behalf of third parties, exclusively used products.
Except as specifically indicated in relation to the different types of products in the descriptive sheets published on the Site, the characteristics and data resulting from photographs, drawings, illustrations, descriptions, reported in technical documents, catalogues, on the Site and/or in any other documentation relating to the Products being supplied, are to be considered purely indicative, having exclusively illustrative purposes and not binding for the Agency with regard to the quality, quantity, performance or other characteristics of the products or services supplied to the Customer.
6. Product availability.
The availability of products indicated on the Site refers to the availability existing at the time the Customer places the order.
In any case, until the order confirmation is received, the order will not be considered completed.
However, this availability must be considered purely indicative, in the face of possible IT anomalies that could make a product not currently available for purchase.
Following the sending of the order confirmation by the Agency, there may be cases of partial or total unavailability of the Products. In this case, the order will be corrected by eliminating the unavailable Product and the Customer will be immediately informed by email; with this email the Customer will also be informed of the methods and timing of reimbursement of any sums paid.
7. Delivery methods.
Except as indicated above in relation to the actual availability of the Products and unless otherwise indicated in the individual Product sheets, the Agency undertakes towards the Consumer to deliver the Products within 30 days, it being understood that all the aforementioned terms will run from the order confirmation to the Consumer.
The delivery terms of the Products are not considered essential and the Agency shall not be liable for direct, indirect, incidental or consequential damages arising from any delay in the delivery of the Products.
In the event of failure to comply with the agreed terms, it is the Client's precise obligation to invite the Agency in writing to make the delivery of the Products within an additional term appropriate to the circumstances and, in any case, to carry out any necessary and/or useful act to take delivery of the Products, both within the terms originally agreed and subsequently.
In the event of force majeure and/or any unforeseeable event beyond the reasonable control of the Agency, including a pandemic, the running of the terms will be suspended from the day of the impediment.
The Agency reserves the right to make partial deliveries of Products subject to a single order and, in this case, the additional shipping costs will be borne by the Agency itself.
Except in the case of purchases on the Site in which the Customer is allowed to select a specific delivery method at the time of ordering, the Products will be delivered using the shipping and transport methods chosen by the Agency at its own discretion, to the address indicated by the Customer at the time of ordering.
The contract with the Carrier will be concluded exclusively between the latter and the remote Customer.
Upon delivery to the Carrier, the Agency is no longer responsible for the integrity and conservation of the Products, the risk of which from that moment falls on the Customer.
However, the risk is transferred to the Remote Customer already at the moment of delivery of the Product to the Carrier if the latter has been chosen by the Remote Customer.
8. Prices.
All sales prices of the Products and the provision of the Services offered on the Site are expressed in euros and include VAT, where applicable.
Prices are freely determinable and modifiable by the Agency, however, the Products will be invoiced on the basis of the prices indicated on the Site at the time of transmission/creation of the order and reported in the order confirmation sent by the Agency.
9. Payment methods.
For sales not made directly through the site, the Customer is required to pay a deposit to the Agency to confirm the order, the amount of which will be directly determined depending on the goods ordered.
The Customer is required to pay the balance of the price within 30 days of placing the order.
If payment is not made within 30 days, the Customer will be considered in default and will lose the right to purchase the goods, consequently, the deposit will be retained by the Agency.
Except as indicated below in relation to orders placed on the Site, the payment methods will be those agreed in writing with the Agency. Payment will in any case be deemed to have been made at the Agency's headquarters.
10. Payments for orders on the site.
For Products ordered on the Site, each payment by the Customer may only be made using the methods indicated from time to time as available on the order form.
Payment must be made in advance and until that time the completion of the contract is suspended.
The order confirmation from the Agency will reach the Customer only after the total payment of the price has been received, even in the case of payment by bank transfer.
In case of payment by bank transfer, the Customer must provide immediately and in any case within 2 days proof of the order of the bank transfer by sending a copy to the Agency, via email to the address gottardi.deborah@gmail.com.
The crediting of the amount transferred to the Agency's account must take place within 5 working days from the receipt of the email confirming receipt of payment. If one of the above-mentioned terms elapses in vain, the order will be automatically considered cancelled and will not be confirmed or processed.
The reason for the bank transfer must include:
– the name and surname, or the company name or denomination of the person placing the order;
– the order reference number;
– the date the order was placed.
11. Right of withdrawal.
The Remote Customer has the right by law to withdraw from the purchase without any penalty and without specifying the reason, within 14 days starting, in the case of contracts for the sale of Products, from the day on which the Remote Customer or a third party, other than the Carrier and designated by the Remote Customer, acquires physical possession of the Products (or of the last Product delivered, in the case of multiple Products ordered by the Remote Customer through a single order and delivered separately, or of the last piece, in the case of delivery of a Product consisting of multiple lots or pieces).
The Remote Customer who intends to exercise the right of withdrawal must communicate this to the Agency via an explicit declaration, which may be sent via registered mail with return receipt, or via PEC.
The communication of exercise of the right of withdrawal must contain, under penalty of inadmissibility of the request, the Customer's personal details, the Customer's contact details, the description of the Product and the order number as well as the delivery documents showing the date of receipt of the shipment.
In case of exercising the right of withdrawal, the Remote Customer is required to return the Products within 14 days from the day on which he communicated to the Agency his intention to withdraw from the contract pursuant to art. 57 of the Consumer Code. The shipping costs for returning the Products are borne by the Remote Customer. The shipment, until received by the Agency, is under the responsibility and risk of the Remote Customer.
The Products must be returned to the Agency at its registered office in Treviso (TV), Via Santa Margherita 8.
The Products must be returned unused, intact, in their original packaging, complete in all their parts (including packaging and documentation and accessory equipment).
Upon receipt of the returned Products, the Agency will verify their integrity. In the event of damage to the Product during transport, it will notify the Remote Customer of the incident, to allow the latter to act promptly against the Carrier chosen by him.
The right of withdrawal lapses in the event of a lack of substantial integrity of the returned goods, and thus, by way of example but not limited to, in the event of:
- use of the Product;
- missing external packaging and/or original internal packaging;
- absence of integral elements of the Product;
- damage to the Product;
- anomalous state of conservation.
Once the returned Products have been received within the aforementioned terms and their integrity has been verified, the Agency will refund the Remote Customer the amount paid for the purchase of the returned Product.
All irreversible costs incurred by the Agency, such as the costs incurred for sending the product to the Customer (shipping costs) and any (e.g. PayPal fees), are therefore deducted from the total amount of the refund.
The Agency will make the refund using the same payment method chosen by the Remote Customer during the purchase phase. In the case of payment made by bank transfer, the Remote Customer must provide the Agency with the bank details: IBAN, SWIFT and BIC necessary for the refund to be made by the Agency.
The refund will be made within 30 days from the day on which the Agency received the returned product and verified the existence of the conditions for the exercise of the right of withdrawal by the Consumer.
The right of withdrawal is expressly excluded for used goods owned by private individuals, for which the Agency has received a sales mandate to third parties.
The right of withdrawal is expressly excluded, even for the Customer who has the status of Consumer, for goods of modest value.
The right of withdrawal is also excluded, even for the Customer who has the status of Consumer, for used goods which by their nature have a non-durable and limited purpose in time, such as for example clothing for newborns and children up to 24 months.
12. Warranty.
The Products offered for sale by the Agency are considered used, therefore, the Customer, except for the right of withdrawal mentioned above, cannot assert defects and/or faults due to normal use of the Products.
The Agency provides a guarantee for the duration of 1 year from the date of delivery of the Product to the Consumer only for the goods it owns.
The Agency does not provide a guarantee for goods sold by private individuals through the Agency itself, of which the latter therefore does not intend to be the owner.
The Agency guarantees to the Customer that the Products will be suitable for the use for which they are normally intended and are guaranteed against non-conformity and defects in materials or workmanship.
Any non-conformities, defects or faults, such as to render the goods unusable, must be reported within 8 days of delivery, under penalty of forfeiture. Any non-conformities, defects or hidden faults that cannot be ascertained upon delivery, must, under penalty of forfeiture, be reported within 8 days of discovery. Returns of goods will not be accepted unless authorised in writing by the Agency.
After said terms and/or outside of said hypotheses, any guarantee of the Agency for non-conformity, faults and/or defects of the Products is excluded. The Agency reserves the right to replace the defective Products or components with subsequent corresponding models. In the event of repair or replacement of a Product or one of its components, a new guarantee term will not start.
This guarantee applies to the Consumer Customer and exclusively to goods owned by the Agency.
13. Communications. Complaint.
All communications relating to the contracts to which these General Conditions of Sale apply must be made in writing.
Communications relating to complaints or contestation of any non-conformities in the Products, faults and defects or the exercise of the right of return must be made by certified email to the address gottardi.deborah@pec.it; or by registered mail to the following address: Deborah Gottardi (PI: 04833270269) with headquarters in 31100 – Treviso (TV), Via S. Margherita n. 8
14. Responsibility.
The Agency shall not be held liable in any way for disruptions attributable to force majeure or unforeseeable circumstances, pandemics, even if they are caused by malfunctions or disruptions of the Internet, in particular in the event that problems arise during the contract conclusion phase and/or the Agency is therefore unable to execute the order within the timeframes set out in the contract.
15. Applicable law. Competent court.
These General Conditions of Sale are subject to Italian law. The application of the Vienna Convention of 11 April 1980 on the international sale of goods is expressly excluded.
For disputes concerning contracts between the Agency and the Client, if the Client is a Consumer, territorial jurisdiction falls exclusively to the judge of the place of residence or domicile of the Consumer, if located in Italy.
In all other cases, the Court of Treviso, Italy will have exclusive jurisdiction, without prejudice to the Agency's right to bring proceedings, at its discretion, before the Court of the place where the Client has, depending on the case, its registered office, or residence or domicile.
16. Privacy.
The Parties declare pursuant to and for the purposes of articles 13 and 14 of EU REGULATION 2016/679 that they have been informed that the personal data requested directly or collected from third parties will be used for the sole purposes of this contract and consequently give their consent to the processing.
They also acknowledge that the processing of personal data will be carried out using manual, computerised and telematic tools with logic strictly related to the purposes of the assignment.
The personal data provided by the Parties will not be subject to public disclosure.
17. Official language.
The official language for the purposes of interpreting these conditions is the Italian language, which the Customer declares to know and understand.
18. Final clauses.
If any of the clauses of these conditions should be null or ineffective, the same will continue to have full effectiveness for the part not affected by said clause. The circumstance that the Agency does not at any time assert the rights recognized by one or more clauses of these conditions cannot be understood as a waiver of such rights, nor will it prevent it from subsequently demanding compliance with each and every clause.
19. Specific acceptance of clauses.
The Customer declares to have fully read and specifically accept the following clauses, to the extent that they concern him as a Consumer, Remote Customer: 3. (Pre-contractual information); 4. (Conclusion of the contract); 5. (Description of the Products); 6. (Availability of the Products); 7. (Delivery methods); 8. (Prices), 9. (Payment methods); 10. (Payments for orders on the Site); 11. (Right of withdrawal); 12. (Warranty); 13. (Communications. Complaints); 14. (Liability); 15. (Applicable law and competent court).
