Identification of the Buyer: The user identified by the data provided at the time of registration, will be hereinafter referred to as " Buyer " or "User".
Identification of the Vendor: The goods covered by these general conditions are placed for sale by Main Street S.r.l. owner of the site https://www.dhgshop.it/ and having its registered office in Cantagallo (PO) Via G. di Vittorio 3/5 CAP 59025, registered with the Chamber of Commerce of Prato (PO) under registration Nº, C.F. and VAT number 01853950978, email email@example.com certified email address firstname.lastname@example.org, hereinafter will be referred to as "Seller".
The present "Conditions of sale" indicate, in clear and easy-to-understand language, the terms and conditions to be applied to the purchase of Textile Products through the Seller's website, which is required to publish them so that they can be easily consulted.
The user is required to carefully read the Conditions of Sale before registering, which is necessary to be able to place orders online. At the time of registration, the User declares to unconditionally accept the terms and conditions specified below.
Capitalized terms used in these Terms of Sale should be understood according to the meaning set forth below in the "Definitions" section of this document. These Conditions of Sale, together with the order confirmation, represent the contract for the supply of Textile Products between Seller and Buyer, as identified below.
No other conditions or other terms may apply. The Seller may make changes to these Conditions at any time. The Conditions of Sale are published on the website https://www.dhgshop.it/ (hereinafter the "Site”) in order for them to be understood, as well as storage and reproduction by the Buyer. This preamble forms an integral and substantial part of the Online Sales Agreement between Buyer and Seller.
1.1 The term "Online Sales Agreement" means the sales contract relating to the Seller's tangible movable goods, stipulated between these and the Buyer as part of a remote sales system via telematic tools, organized by the Seller.
1.2. The term "Buyer" is meant as the person identified at the time of registration who completes the purchase on the site;
1.3. The expression "Seller" means the person, identified above, who acts within the framework of commercial, industrial, craft or professional activity and offers the goods subject to this contract through the website of which they are the owner.
1.4. The term "User" means the person who has physical or legal access to the Site, including through the registration procedure and creation of an account as required by the following art. 3.
1.5. The term "Consumer" means any person who purchases items for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.6. The expression "Remote communication techniques" means any means that, without the physical and simultaneous presence of the Seller and the Buyer, can be used for the conclusion of the contract between said parties.
1.7. The expression "Textile product" means the raw, semi-finished, processed, semi-manufactured, manufactured, semi-packaged or packaged product, exclusively composed of textile fibers, whatever the blending or uniting process carried out. Textile Products and Products similar to them are made available on the market on condition that they are labelled, marked or accompanied by commercial documents in compliance with the provisions of Regulation (EU) 1007/2011.
1.8. By "Similar products" we mean: a) Products whose textile fibers make up at least 80% by weight; b) the furniture covering, umbrellas and parasols whose textile parts make up at least 80% by weight; c) the textile parts of the mattress coverings, the upper layer of the multilayer floor coverings and the coverings of camping items, provided that these textile parts constitute at least 80% by weight of these upper layers or coverings; d) Textile Products incorporated in other Products of which they are an integral part, as long as the composition is specified.
1.9. The expression "Labelling" means the display on the Textile Product of the information requested through application of a label.
1.10. The expression "Mark" means the indication of the information requested on the Textile product by sewing, embroidery, printing, embossing or any other form of application.
1.11. The expression "Site" refers to the web page https://www.dhgshop.it/.
2. Subject Of The Contract
2.1. These Conditions of Sale govern the terms, conditions and methods of remote purchase, via telematic means, from the Buyer and from the Seller of the Textile Products, indicated and offered for sale on the Site
2.2. The Textile products referred to in the previous point are adequately illustrated on the web pages of the Site, where the descriptions of the fibrous compositions of each textile product are indicated in an easily legible, visible and clear manner, as well as with uniform characters as regards the dimensions and style.
2.3. The textile fibre denominations are exclusively used in the attachment I of Regulation (EU) 1007/2001 and subsequent amendments of the same for the means of specific delegated Regulations (EU).
3. Registration on the Site and exclusive methods of stipulating the contract
3.1. The creation of an account on the Site is free. It can be done by registering on the Site and accepting these online sales conditions.
3.2. To create an account by registering on the Site, the User must complete the appropriate online form, which will indicate the mandatory and, possibly, optional data, by entering: name, surname, address, telephone number, e-mail address and password; after this phase, the User must click on the "Register" button. At the end of this procedure, the User will receive confirmation of the so-called "Registration Credentials" (username and password) to the e-mail address indicated at the time of registration, that will be necessary to gain access and make eventual purchases of Products offered on the Site.
3.3. The Seller reserves the right to verify the minimum age required by law for the Buyer even by using "off-line" means (for example by requesting the Buyer's tax code by email or by other means). It is left to the Seller, without legal obligations, to evaluate whether or not to proceed with the conclusion of the contract based on the age of the Buyer and the nature of the purchase.
3.4. The creation of an account allows the User who intends to proceed with the purchase of Textile Products through the Seller's Site, to carry out directly through this Site, among other things, the following activities, of: a) saving and modifying the their personal data; b) access to all information relating to orders; c) management of personal data and updating it at any time; d) use of dedicated services that may be activated from time to time (e.g. display of one's "wish list" etc.).
3.5. The registered User guarantees that the information provided during the registration process is complete, correct and truthful. The User agrees not to hold the Seller responsible from any damage, and indemnify the Seller for compensation obligation and / or sanction deriving from or in any way related to the violation by the User of the rules on registration on the Site or on the storage of the Registration Credentials. The User is therefore solely responsible for accessing the Site through his Registration Credentials and is directly liable for any damage or prejudice caused to the Seller or to third parties by improper use, loss, misappropriation by others or by failure to adequate protect the secrecy of their registration credentials. All the operations carried out through the Registration Credentials are considered to be carried out by the User to whom they refer.
3.6. By registering on the Site, the User agrees to receive communications from the Seller, aimed at the execution of this contract (e.g. status of deliveries, payments, customer care assistance, etc.) and pre-contractual measures (e.g. information on prices, products ). The User can request at any time not to receive further commercial marketing communications (by unsubscribing from the newsletter also using the "unsubscribe" link at the bottom of any promotional email) via e-mail while maintaining the ability to access and use the Site.
3.7. The Seller reserves the right to refuse, at its discretion, the registration of a User on the Site.
3.8. The Seller reserves the right not to accept orders, placed by anyone, which are abnormal in relation to the quantity of Products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspected use of gift vouchers.
3.9. The User may at any time cancel their registration by clicking on the appropriate button in their user profile present on the Site or by other means that the Seller will make always available on the Site.
3.10. The contract between the Seller and the Buyer is concluded exclusively through the Internet through the Buyer's access to the specific areas of the Site where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the indicated goods in point 2.
3.11. In compliance with Legislative Decree 9 April 2003, n. 70 in the field of electronic commerce, the Seller informs the Buyer that:
a) to conclude the contract of purchase for one or more Products through the Site, the Buyer must complete an order in electronic format and transmit it to the Seller, electronically, following the instructions that will appear from time to time on the Site;
b) the contract is concluded when the Seller sends the Buyer an e-mail confirming and order summary as indicated in point 4.7;
c) before proceeding with the placement of the order, the Buyer will be able to identify and correct any data entry errors by following the instructions on the Site or modify the order;
d) after the placement of the order, the order is viewed as final and not changeable, for any requests or information the Buyer may contact the Customer Service via the help desk chat on the Site or by writing an email to email@example.com; without prejudice, in any case that the Consumer has the right of withdrawal referred to in point 13 below.
3.12. The language available to the Buyer for the conclusion of the contract is Italian [or another language prepared by the Seller and chosen by the Buyer]. Customer Service is able to communicate in the same language.
4. Conclusion and efficacy of the contract
4.1 The offer and sale of Textile Products through the Site constitute a distance contract governed by Articles 45 ff. of the legislative decree 6 September 2005, n. 206 ("Consumer Code") and by legislative decree 9 April 2003, n. 70, containing the regulation of electronic commerce as well as subsequent amendments to these regulations.
4.2. For the purpose of concluding the contract, the Buyer places the order online by inserting the products available in the catalogue on the Site into the "cart" and sending the order online, always after viewing a summary web page of the order itself, printable, in which the details of the orderer and the order are shown, with the information sheet of the Product/s, the price of the purchased good/s, the methods and terms of payment, the address where the goods will be delivered, the shipping costs (for any ancillary charges and additional costs, the Buyer must inquire at the competent customs office) and the expected delivery times (in this regard it should be noted that the Site allows the Buyer to select the courier among those affiliated with the Seller and, depending on the chosen courier, the Buyer will be able to see both the costs and the shipping times), please carefully read these Conditions of sale and instructions on Returns.
4.4. The Seller reserves the right to refuse or cancel orders that come from the User.
4.5. The order will be filed in the Seller's database for the time necessary for its execution and, in any case, in accordance with the law; Furthermore, the Buyer will be able to access their order by consulting the appropriate section of the Site or by writing to firstname.lastname@example.org.
4.6. The Seller will communicate any impossibility in accepting orders received to the Buyer within 48 hours beginning from the working day following the one on which the Buyer has placed the order and will refund any sums already paid for the purchase of goods.
4.7. The moment the Seller receives the order from the Buyer, confirmation and summary of the order will be sent by e-mail, which also includes the data referred to in point 4.2.
4.8. The contract is not considered finalized and effective between the parties in the absence of the sending by the Seller of the e-mail referred to in the previous point.
4.9. The Buyer must verify the accuracy of the data contained in the order confirmation e-mail and to notify the Seller within 48 hours of receipt of any eventual corrections. If confirmation of the accuracy of the data by the Buyer does not arrive within the specified deadline, the Seller has the right to cancel the order. Possible increase in costs caused by errors in the data not promptly reported to the Seller will be borne by the Buyer.
4.10. The order number, generated by the system and communicated by the Seller in relation to the purchase made, must be used by the Buyer in any subsequent communication with the Seller.
5. Method of payment
5.1 Each payment by the Buyer can only be made by means of one of the methods indicated in the purchase form
5.2. All communications relating to payments take place on a dedicated line protected by an encryption system.
5.3. For reasons of transaction security, the Seller reserves the right to request the sending of details or a copy of an identity document of the credit card holder.
5.4. At the time of sending the confirmation e-mail and order summary, the amount corresponding to the purchased Product(s) will be charged to the Buyer. In the event that, for any reason, the debit of the amounts due by the Buyer does not occur, the sale process is automatically cancelled and the sale automatically cancelled.
5.5. The Seller will issue the purchase receipt of Product(s), by e-mail to the holder of the order within 48 hours from the e-mail confirmation and summary of the order or making it available on the personal page of the buyer. For the issuance of the receipt, the information provided by the Buyer will be taken as true. No data changes will be possible after the receipt (or invoice) has been issued.
5.6. Any reimbursement to the Buyer will be credited to the Buyer in the manner and within the times referred to in the following points 15.3, 15.4, 15.5 and 15.6. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
6. Delivery times and methods
6.1. The Seller will deliver the Product/s selected and ordered/s, in the manner chosen by the Buyer or indicated on the Site at the time of the offer of goods, as confirmed in the e-mail referred to in point 4.7.
6.2. Shipping and delivery times may vary from the day of the order until a maximum of 30 working days from the confirmation of the order and are disclosed to the Buyer at the time of order confirmation. In the event that the Seller is unable to comply with these terms or in the event that the delivery is delayed or excessively onerous for reasons attributable to the Buyer (For example: provides incorrect information or despite repeated attempts by the carrier no one is able to receive the package, etc.), the Buyer will be promptly notified by e-mail
6.3. The methods, delivery times and shipping costs are clearly indicated in the appropriate areas of the Site.
7. Information on Products and Pricing
7.1. Each Product displayed on the Site is accompanied by an information sheet that illustrates its main characteristics (so-called "Product Sheet"). The "Product Sheet" contains the description of the fibrous compositions of each textile product in an easily legible, visible and clear way. This information is clearly visible to the Buyer before the purchase.
7.2. In the "Product Sheet", the description of the fibrous compositions of the textile product is separate from other information and is not presented in a generic way, e.g. within a descriptive text of the Product.
7.3. The fibrous denominations are indicated in Italian and in full, without abbreviations or acronyms, are preceded by the weight percentage of each fibre and are listed in descending order.
7.4. A Textile Product can only be labelled or marked with the terms "100%", "pure" or "all", if composed entirely of the same fibre. The same is true for Products similar to a Product composed exclusively of the same fibre in accordance with the provisions of Articles 7 and 8 of Regulation no. 1007/2011.
7.5. A textile product composed of several fibers bears the indication on the label or the marking of the denomination and the percentage by weight of all the fibers of which it is composed in descending order, in accordance with the provisions of art. 9 of Regulation no. 1007/2011.
7.6. In the event that the Product contains non-textile parts of animal origin, the information relating to the composition of the Product also includes, in a non-misleading way, the following sentence: "Contains non-textile parts of animal origin".
7.7 Descriptions of the fibrous composition are indicated as well as in the online catalogues, in the prospectuses, on the packaging, on the labels and on the markings so that they are easily legible, visible and clear and with uniform characters as regards the size and style. This information is clearly visible to the Buyer before the purchase, even electronically, in accordance with art. 16 of Regulation no. 1007/2011.
7.8. The visual representation of the Textile Products on the Site, where available, normally corresponds to the photographic image in digital format accompanying the description sheet. The image has the sole purpose of presenting the Products for sale and for this purpose it is representative of its characteristics (Unless these elements characterise the choice made by the Buyer who, for example, has the possibility to choose between Products indicated as colour with a different "choice").
7.9. All the sales prices of the textile products displayed and indicated on the site are expressed in euros and constitute an offer to the public under art. 1336 of the Italian Civil Code
7.10. The sales prices referred to in the previous point are inclusive of VAT and any other tax.
7.11. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Buyer places the order and also contained in the web page summary of the order placed.
7.12. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
8. Availability of Products
8.1. The Seller ensures, through the telematic system used, the processing and fulfillment of orders without delay.
8.2. The availability of the Products is usually indicated on the Site, where it can be indicated if the Product is out of stock or in any case not immediately available. If the products are available, the indicative forecast of shipping times for the entire order is also used.
8.3. If an order exceeds the quantity in the warehouse, the system automatically prevents it from being added to the cart, indicating the maximum orderable quantity.
8.4. The Seller's computer system confirms the successful registration of the order as soon as possible by sending the Buyer a confirmation by e-mail.
8.5. In the case of orders involving a plurality of Products (so-called "Multiple Order"), if the unavailability concerns only some of the Products covered by the Multiple Order, the Seller will notify the Buyer by e-mail and the Buyer will be, therefore, entitled to immediately terminate the contract, limited to the Product/s that are not available (or become unavailable). The termination of the entire Multiple Order will be only possible in the case of the evident and proven accessorial nature of the Products covered by the Multiple Order which have become unavailable in relation to the other available Products covered by the Multiple Order. The partial amount due in relation to the Product(s) that has become unavailable will be reimbursed according to the times and methods referred to in the previous point
8.6. It is, in any case, without prejudice to the right to compensation for damage pursuant to art. 61 of the Consumer Code, which states that in case of non-delivery within 30 days from the conclusion of the contract, the Consumer must grant the Seller a further term, after which the contract will be terminated and the consumer will be entitled to reimbursement and compensation for damages actually proved.
8.7. In the event that the purchase contract concerning the Product(s) is terminated following unavailability of the good(s), limited to such Product(s), we will proceed, within the terms referred to in the following point.
8.8 For returns, if it has already been paid, of the amount due in relation to such Product(s), including delivery costs, and any other additional costs due in relation to specific Product(s).
8.8. In the event that the Buyer does not confirm the order and the payment of the total amount due has already been made, including any other additional cost, the Seller will refund the amount received without undue delay and, in any case, within the term of 14 (fourteen) working days from the sending of the order. The refund amount will be communicated to the User via e-mail.
9. Responsibilities of the Seller.
9.1. The Seller assumes no responsibility for inefficiencies attributable to external forces, if he fails to execute the order within the time stipulated in the contract.
9.2. The Seller cannot be held liable to the Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its control.
9.3. Furthermore, the Seller will 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 him, without prejudice to the Buyer's right to the full refund of the price paid and any ancillary charges incurred
9.4. The Seller assumes no responsibility in the event of any fraudulent or illegal use that may be made by third parties, of credit cards, bank checks and other means of payment, upon payment of the Products purchased, if it proves that it has adopted all the possible precautions based on the best science and experience currently available and based on due diligence, in full compliance with the legislation in force at the time of purchase.
9.5. In no case can the Buyer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller, except in the case of non-delivery or delayed delivery for reasons attributable to him or in any case independent of the responsibility of the Seller.
10. Labels and markings: the obligations of the Seller
10.1. The Seller guarantees that each textile product bears an indication, by means of a appropriate label or mark, of the denomination and percentage by weight, in descending order, of all the fibers of which it is composed. The special provisions of annex IV of Regulation (EU) 1007/2011 apply and the exceptions and tolerances referred to in Articles 17 and 20 of the same Regulation are permitted.
10.2. The Seller guarantees that the information found on its Site relating to the Textile Product that can be purchased online is of a level at least equal to that provided with the label or with the mark physically applied to it.
10.3. The sanctioning discipline referred to in Legislative Decree 190/2017 applies to the violation of the provisions of Regulation (EU) 1007/2011.
11. Legal guarantee of conformity and assistance modalities
11.1 The Legal Guarantee of conformity provided for by art. 128-135 of the Consumer Code (so-called "Legal Guarantee"), is reserved for Buyers who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Buyers who have purchased on the Site and who do not play the role of "Consumer" will still be subject to the guarantees for defects in the item sold, the guarantee for defects in quality both essential and promised and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.
11.2. What is the lack of conformity
11.2.1. There is a lack of conformity when the purchased textile or similar product:
a) is not suitable for the use for which goods of the same type are usually used;
b) Does not conform to the description made by the Seller and does not possess the qualities of the goods that the Seller has presented to the Buyer as a sample or model;
c) Does not have the usual qualities and performance of an item of the same type, which the Buyer can reasonably expect, also taking into account the statements made in advertising or labelling or in the "Product Sheet";
d) Is not suitable for the particular use desired by the Buyer and that it has been brought to the attention of the Seller at the time of the conclusion of the contract.
11.2.2 For the purposes of the aforementioned Legal Guarantee, obvious or visible defects are considered to be those that can be detected on sight on the Product at the time of delivery and that are detrimental to the finished garment.
11.2.3 Hidden or invisible defects are considered to be those that can be detected, in deviation from the expected of the "Product Sheet" and the characteristics of the "standard piece", only with scientific equipment, or those that appear during, or after the transformation, packaging or processing operations in general, admitted by the "Product Sheet".
11.2.4 The intrinsic characteristics of the Product specified in the "Product Sheet" cannot be considered subject to dispute for defects.
11.2.5 In regards the tolerance on the defects of the Products, the specific provisions of the "Product Sheet" are valid.
11.2.6 Tolerances are not to be considered deductibles, therefore, on tolerable defects, the Buyer still has the right to receive refunds or any price reductions.
11.2.7 The previous point does not apply to Products characterized by particular research and innovation, provided that these characteristics have been previously and clearly declared by the Seller in the "Product Sheet".
11.3. When is it applicable
11.3.1. The Seller is liable to the Buyer for any lack of conformity existing at the time of delivery of the Product that occurs within two years of such delivery, for Products properly stored and used according to the Seller's instructions also available on the product sheets.
11.3.2. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the guarantee, within 2 (two) months from the date on which it was discovered.
11.3.3. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.3.4. Unless proven otherwise, it is assumed that the lack of conformity that occurs within 6 (six) months from the delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.3.5. In order to take advantage of the Legal Guarantee, the Buyer must therefore first provide proof of purchase and delivery of the Product.
11.4. Remedies available to the Buyer
11.4.1. In the event of a lack of conformity duly reported within the terms, the Buyer has the right, primarily, to repair or replacement the goods free of charge, unless the requested remedy is objectively impossible or excessively taxing compared to the other.
11.4.2. The request must be sent in writing, by registered mail with return receipt or by certified e-mail, to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within 7 (seven) working days of receipt. In the same communication, where the Seller has accepted the Buyer's request, he must indicate the method of shipping or returning of the goods as well as the deadline for the return or replacement of the defective goods.
11.4.3. Secondly, if the repair and replacement are impossible or excessively expensive (pursuant to Article 130, paragraph 4, of the Consumer Code), or the Seller has not repaired or replaced the goods within the deadline referred to in the previous point, the Buyer may request a price reduction or termination of the contract. The Buyer may request a price reduction or termination of the contract even if the replacement or repair previously carried out has caused significant inconvenience to the Buyer.
11.4.4. If the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective goods. It will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to the Seller.
11.4.5. The requested remedy is excessively taxing if it imposes unreasonable expenses on the Seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the item would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the Buyer.
11.5. What to do in the presence of a lack of conformity
11.5.1. In the event that a textile product purchased on the Site, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, the Buyer can contact Customer Service at the addresses indicated in point 17 below.
11.5.2. The Seller will promptly reply to the communication of the alleged lack of conformity and will indicate to the Buyer the specific procedure to follow.
12. Obligations of the Buyer
12.1. The Buyer agrees to pay the price of the purchased Product(s) within the times and methods stipulated in the contract.
12.2. Once the online purchase procedure has been completed, the Buyer agrees to print and keep this contract if he has received a copy.
12.3. The information contained in this document is intended to be viewed and accepted by the Buyer, who acknowledges it, as this step is mandatory for registration to the Site.
13. Right of withdrawal
13.1. The Buyer who plays the role of Consumer has the right to withdraw from the purchase contract of the Product without having to provide any reasons and without having to incur costs other than those provided for in the following point 15, within a period of 14 (fourteen) calendar days (the so-called "Withdrawal Period").
13.2. The "Withdrawal Period" expires 14 (fourteen) days after:
a) in the case of an order relating to a single Product, the day on which the Buyer or a third party, other than the carrier and designated by the buyer, acquires physical possession of the Product by delivery;
b) in the case of a Multiple Order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last Product by delivery.
13.3. To exercise the right of withdrawal, the Buyer must inform the Seller of his decision to withdraw before the expiry of the "Withdrawal Period". To this end, the Buyer can: a) use the standard withdrawal form made available to him via the Site before the conclusion of the contract ("Withdrawal Form"); or b) submit any other explicit declaration of your decision to withdraw from the contract ("Declaration of Withdrawal").
13.4. The Buyer has exercised his right of withdrawal within the "Withdrawal Period" if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the "Withdrawal Period". In the event that the Buyer makes use of the "Declaration of Withdrawal", it is advisable to indicate the order number, the Product(s) for which they intend to exercise the right of withdrawal and their address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the withdrawal period rests on the Buyer, it is in the Buyer's interest to use an enduring medium when communicating to the Seller their withdrawal.
13.5 The "Withdrawal Form" or the "Withdrawal Declaration" must be sent to the Seller by registered post with return receipt to the Seller's address indicated in these general conditions and on the Site or by certified email to email@example.com
13.6. For the purposes of exercising the right of withdrawal, the sending of a communication may validly be replaced by the return of the purchased good(s) (see point 15 below), provided that it is within the same terms. The date of delivery to the post office or courier will be decided between the parties.
13.7. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.
14. Exclusions from the right of withdrawal
14.1. The right of withdrawal is excluded in the cases referred to in art. 59 of the Consumer Code and in particular in those relating to:
a) the supply of goods whose price is linked to fluctuations in the financial market that the Seller is unable to control and which may occur during the withdrawal period;
b) the supply of goods made to measure or clearly personalized;
c) the supply of goods which are liable to deteriorate rapidly;
d) the supply of sealed goods which are not suitable for return for hygienic reasons or related to the protection of health and have been opened after delivery.
14.2. In the event that, using one of the aforementioned scenarios, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated to the Buyer.
15. Product Returns and timeframes and methods of refund
15.1. The Buyer who intends to exercise his right of withdrawal must also return the Product to the Seller, using a carrier of his choice and at his own expense, without undue delay and in any case within the period of 14 (fourteen) calendar days from date on which he communicated his decision to withdraw to the Seller.
The deadline is met, if the Buyer returns the Product before the expiry of the period of 14 (fourteen) days. The Product, properly packaged, must be sent to the following address: recipient Main Street S.r.l. Via M. M. Panconi, nn. 15/17 59100 PRATO (PO). The direct costs of returning the Product(s) to the Seller are borne by the Buyer.
15.2. In the case of Products which by their nature cannot normally be returned by post, the cost of returning such Products through a specific courier will be indicated in any “Standard Instructions of Withdrawal”, together with the nomination of this courier. The "Standard Instructions on Withdrawal", containing information on exercising the right of withdrawal, are made available to the Buyer through the Site before the conclusion of the contract and reported in the order confirmation. The return of the Product to the Seller takes place under the responsibility and at the expense of the Buyer.
15.3. The right of withdrawal is understood to be correctly exercised if, in addition to compliance with the terms and conditions set out in points 13-14 of these Conditions of Sale, the following conditions are also met: a) the Product must not have been used, altered, washed; b) the Product identification tag, if present, must still be attached to it.
15.4. If the Buyer withdraws from the contract, the Seller reimburses the total amount due paid by the Buyer for the product, excluding additional delivery costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller, without undue delay and in any case no later than 14 (fourteen) calendar days from the day on which the Seller was informed of the Buyer's decision to withdraw from the contract.
15.5. The refund will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer will not have to incur any additional costs.
15.6. The Seller may reserve the right to withhold the refund until he has received the goods or until the Buyer has demonstrated that he has returned them, whichever occurs first.
15.7. The Buyer is responsible for the decrease in the value of the Product resulting from its handling other than that necessary to establish its nature, characteristics and functionality. The Product must in any case be kept, handled and inspected with due diligence and returned intact, complete in all its parts, accompanied by all accessories and leaflets, with the labels still attached to the Product, and perfectly suitable for its intended use.
16. Causes for Termination
16.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations undertaken by the Seller in particular pursuant to point 10 of this contract, have an essential feature, so that by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or unforeseen forces, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision.
16.2. In the event that the Buyer does not pay the total amount due, the Seller will send him an email inviting him to pay the total amount due within 10 (ten) days, with warning that, after this deadline has expired, the contract will be considered legally terminated. The Seller reserves the right to block the purchase functions from the Site by non-compliant users, notifying them in the manner indicated above.
17. Communications and grievances
17.1. Written communications (e.g. requests for information) addressed to the Seller, requests for assistance and any complaints will be considered valid only if sent to the following address piazza / via Main Street S.r.l. Via M. M. Panconi, nn. 15/17 59100 PRATO (PO) or sent by fax to 0574 1662726 or sent by e-mail to the following e-mail address firstname.lastname@example.org or by telephone (Customer Care) to 0574 1662721 on the following days and times from Monday to Friday from 9.00 to 13.00 and from 14.00 to 18.00
17.2. The Buyer indicates in the registration form their residence or domicile, the telephone number or e-mail address to which he wishes the Seller's communications to be sent.
18. Method of contract storage
18.1. Pursuant to art. 12 of the Legislative Decree. 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form on the server/at the Seller's headquarters, according to confidentiality and security criteria.
19. Applicable laws and referral
19.1. This contract concluded through the Site is governed by Italian law.
19.2. Although not expressly provided for here, the applicable standards of law apply to the relationships and cases envisaged in this contract, and in particular art. 5 of the Rome Convention of 1980.
19.3. It is without prejudice to the application to the Buyer/Consumer who does not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for reimbursements and expenses, to the deadline for exercising the right of withdrawal and the methods and formalities of communicating the them, to the deadline for returning the Products, the guarantees of conformity and the methods of assistance.19.4. The Buyer who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these Conditions of Sale, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007 (48 The text of the Regulation is available on the website www.eur-lex.europa.eu), provided that the value of the dispute does not exceed, excluding the interests, rights and expenses, € 2,000.00.
20. Settlement of disputes
20.1.All disputes arising from this contract will be devolved the Mediation Body of the Prato Chamber of Commerce and resolved according to the Conciliation Regulations adopted by them. The headquarters of the mediation will be in Prato at the headquarters of the Chamber of Commerce.
20.2. If the mediation procedure does not end with the conciliation of disputes, the same will be resolved through an arbitration governed by the Arbitration Regulations of the Chamber of Commerce of Prato, Arbitration Institution promoted by the Chamber of Commerce of Prato (PO) The seat of the arbitration will be Prato. The arbitrator will be appointed by mutual agreement between the parties or, in the absence of an agreement, according to the provisions of the aforementioned Regulations. The sole arbitrator will decide on a ritual basis, according to law, in compliance with the Rules of the Arbitration Chamber of Prato, which the parties simultaneously declare to know and accept, and the mandatory rules of the Code of Civil Procedure.
20.3. If the Buyer is a Consumer and in the event that the requirements of the law are applicable, it is also possible to resort to the alternative dispute resolution bodies referred to in art. 141-ter and 141-decies of the Consumer Code.
20.4. Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between Consumers and professionals, the so-called ODR (Online Dispute Resolution) procedure is available which can be initiated by submitting a specific complaint through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
20.4. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of the Buyer’s choice. This forum is mandatory pursuant to art. 33, paragraph 2, letter u) of the Consumer Code, if the Buyer is a Consumer.
21. Intellectual Property Rights
21.1. All content, in any format, published on the Site, including web pages, graphics, colours, schemes, tools, fonts and website design, diagrams, layout, methods, processes, functions and software that are part of the Site are protected by copyright and any other intellectual property right belonging to the Seller and to any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents, without the express written consent of the Seller is prohibited. The Seller has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any shape or form, in whole or in part, of the Site and its contents.
21.2. With regard to the use of the Site, the Buyer is only authorized to:
a) view the Site;
b) perform all other temporary acts of reproduction, without any economic significance of their own, which are considered transitory or ancillary, an integral and essential part of the same visualization of the site and its contents;
c) all other navigation operations on the Site that are performed only for a legitimate use and its contents.
21.3. The Seller guarantees the authenticity of all the Products offered for sale on the Site.
21.4. The Seller's trademark, as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the Seller's Products, on the related accessories and/or packaging, which are subject to registration or less, are and remain the exclusive property of the Seller. Total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without the prior expressed agreement of the Seller are strictly prohibited. This clause is not applicable to the private use of the Products purchased through the Site. Any combination of the aforementioned brands and other trademarks, symbols, logos and more generally any distinctive sign suitable for creating a composite logo is also prohibited.
22. Modification and updates
22.1. These General Conditions of Sale are amended from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site.
?I ACCEPT THE ABOVE CONDITIONS [C.d. virtual button (check and point) for acceptance and transmission of online communication with log archive with correct date and reference to the user who registers]
THE CUSTOMER IS INVITED, AT THE TIME OF REGISTRATION, TO CAREFULLY READ THE GENERAL CONDITIONS OF SALE AS IDENTIFIED ABOVE AND THE INFORMATION CONTAINED HEREIN AND TO PRINT OR SAVE IT ON OTHER SECURE METHOS ACCESSIBLE TO THEM.
You declare that you have read and understand the above clauses and conditions, and in particular the conditions referred to in points 6. (Delivery times and methods), 9. (Seller's responsibility), 12. (Obligations of the Buyer), 15. (Product Returns and timeframes and methods of refund), 16. (Causes for termination), 20. (Settlement of disputes), the clauses of which - re-read and specifically approved - are accepted by the Buyer themselves to any subsequent effect, and in particular pursuant to and for the purposes of articles 1341 and 1342 cod. civ.
? I DECLARE TO HAVE READ AND APPROVED THE ABOVE CLAUSES [C.d. virtual button (check and point) for acceptance and transmission of online communication with log archive with correct date and reference to the user who registers]
NOTES - USES OF CONTRACTS FOR THE SUPPLY OF GOODS AND / OR SERVICES CONCLUDED ONLINE BETWEEN SELLER AND BUYER
The Seller makes available and keeps the data updated as required by law, making them simultaneously or easily accessible, in a direct, sole and permanent way. The Buyer must be able to print the general terms and conditions.
General Conditions of contract
The Buyer is allowed direct and permanent access to the general terms and conditions without having to undertake the order procedure.
The Buyer fills in the mandatory fields of the order form. Before sending the order, all the data required by law are summarized in a single form.
The Seller confirms receipt of the order to the Buyer, by e-mail or other means proposed by the Seller and accepted by the Buyer. The confirmation contains the shows information: a) identification / details of the Buyer and of the order; b) identification / information sheet of the products ordered and quantity; c) unit and total prices; d) delivery costs; e) any costs and ancillary charges to be borne by the Buyer f) methods and terms of payment; g) the delivery address indicated by the Buyer; h) expected delivery times; i) an invitation to carefully read the General Terms and Conditions. When the right of withdrawal exists, the Seller indicates the methods and times for exercising said right and invites the Buyer to carefully read the "Standard Instructions" on withdrawal.
Method and place of delivery.
The delivery of material goods takes place off-line, according to the method chosen by the Buyer from those offered by the Seller.
The delivery of immaterial goods (or services) takes place mainly online or via the network.
Delivery is made to the Buyer’s address or, where applicable, to a different address indicated by the latter.
The Buyer, where applicable, can check the status of their order and / or shipment online
Method of payment.
The Seller specifies which means and methods of payment are accepted and whether it is an advance payment in regards to the delivery of goods.
In the case of online payment with credit cards, the accepted credit cards are indicated.
In the case of payment by bank transfer, bank details are indicated.
In the case of payment by postal account, the Buyer may be required to send / transmit the payment receipt.
In the case of payment by cash on delivery, the costs of the operation are borne the Buyer.
The Seller informs the Buyer about the security procedures adopted for online transactions and the use of security systems in the online environment by other parties connected to it. The Seller highlights, with appropriate symbols, the security of the connection.
The Seller specifies in advance any limitations of service. The Seller provides the Buyer with a direct contact (telephone number / fax / address, e-mail) to which disputes or requests for assistance can be addressed.
Handling of personal data.
The Seller collects the Buyer's personal data and indicates the regulations to which it adheres to for the treatment of said data.
Certifications, Codes of Conduct and Logos.
Websites adhering to codes of conduct display a logo or distinctive sign certifying their adherence to said codes of conduct. The websites for which a certification has been obtained display the distinctive sign. The Buyer is given the ability to find information relating to both the code of conduct and the certification.
Account: Account, subscription to access some services offered by a provider.
Banner: The banner is an advertising element used on the web. It can be thought of as the equivalent of a traditional poster.
E-mail: Electronic mail: messages, text and images sent over a computer network.
E-commerce (electronic commerce): The defining aspect is referred to by the law and, in particular, to Directive 2000/31 / EC and Legislative Decree 70/2003, from which it is inferred that the contract for the supply of goods and services on-line is the distance contract, concerning movable property and / or services, stipulated in the context of a distance sales system organized by the Seller which, for this contract, exclusively uses one or more remote communication techniques up to the conclusion of the contract, including the conclusion itself.
FAQ: Acronym: "Frequently Asked Questions".
File: Collection of information stored on a magnetic or optical disk and identified by a name. It constitutes the fundamental unit of data storage in computers connected to the Internet.
Home Page: Entry screen to a website.
Internet: It is an agglomeration of interconnected telematic networks. In turn, telematic networks connect several computers to each other, through telephone cables, optical fibers, radio links, satellites, etc.
Link: Hypertext link that allows you to link different Internet pages.
Off-line (offline): Indicates the status of data lack of transmissibility on the network.
On-line: Indicates the transmission status of the data on the network.
Password: Key word that constitutes the User's confidential information, required to allow access in order to guarantee confidentiality and security.
Network: See Internet.
ODR: Online Dispute Resolution.
Website: The set of multiple web pages, accessed via an address.
Spam (Spamming): Dissemination via the Internet of unsolicited messages, usually advertising, to mailboxes or forums.
Username: Name that identifies a User.
Web (World Wide Web - global web): System that allows you to access various types of documents on the Internet, even by moving from one to the other via links. The term also indicates the set of resources accessible through this system.