General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

Art. 1 – Purpose of the contract

1.1 These general conditions of sale govern the sale between the company Italesse S.r.l., located in 34015 Muggia (TS), via dei Templari n. 6, loc. Noghere VAT 009742280323 (hereinafter, “Italesse”) and the Customer.  

• The “Customer” is the person making the purchase:

  – of one or more products (hereinafter the “Products”) marketed by Italesse on the site shop.italesse.com (hereinafter the “Site”);

  – for purposes not related to their business, commercial, artisanal, or professional activity. If the person making the purchase does not meet these requirements, he/she is requested to refrain from proceeding with the purchase order;

• for purposes not related to their business, commercial, artisanal, or professional activity. If the person making the purchase does not meet these requirements, he/she is requested to refrain from proceeding with the purchase order;

1.2 Italesse sells its products exclusively to customers who have come of age (18 years old).

1.3 Italesse invites the Customer, before sending a purchase order for Products, to read and expressly accept (by affixing a flag – negotiation text):

• these general conditions of sale;
• information on right to cancel.

1.4 The contract is concluded exclusively through the Internet, through the access of the Customer to the Site shop.italesse.com and the execution of a purchase order according to the procedure provided by the Site itself.

1.5 Each purchase of the Products is governed by the general conditions of sale in the version that is published on the Site at the time the Customer sends the order to Italesse, as provided for in article 2 below.

Art. 2 – Conclusion of the contract

2.1 The presentation of the Products on the Site represents a simple invitation to the Customer to formulate a contractual proposal for purchase.

2.2 The sending of the purchase order transmitted by the Customer to Italesse through the Site has the value of a binding purchase proposal and is governed by these general conditions of sale, which are an integral part of the order itself.

In order to be able to send a purchase order for the Products, through the procedure provided on the Site, the Customer will be required to read these general conditions of sale and the information on the right of withdrawal carefully, and to expressly accept these general terms and conditions of sale.

Before the final sending of the purchase order, the Customer is requested to verify the data entered in the order, which can be modified or corrected for any input errors.

The Customer, once the order has been sent to Italesse, will receive from the latter an e-mail notification of receipt of the order placed (containing a summary of the order sent). Such communication does not constitute acceptance of the contractual proposal sent by the Customer, and therefore the contract for the purchase of Products is not considered concluded.

2.3 The contract for the purchase of Products is considered concluded only by sending the Customer, to the e-mail address declared by the latter to Italesse at the time of registration on the Site, an e-mail confirming the order. This e-mail contains:

• Customer data and order number;
• information regarding the characteristics of the Products ordered;
• the means of payment chosen;
• shipping costs, delivery methods, and address.
• the text of these general conditions of sale; the Client is invited to print a copy of these general conditions of sale and/or to store a copy on a durable medium of his choice.

2.4 The Customer accepts that the confirmation of the information relating to the order placed, the Customer’s details and order number, information relating to the characteristics of the Products ordered, the means of payment chosen, the shipping costs, the delivery methods and address, as well as the text of these general conditions of sale, referred to in the previous paragraph 2.3, is sent exclusively by e-mail to the address declared by the same to Italesse during registration on the Site.

Art. 3 – How to purchase products

3.1 The Products presented on the Site can be purchased through the products selection of interest to the Customer, and their insertion in the virtual shopping cart.

3.2 If the Cusomter has chosen bank transfer as the payment method, the delivery term shall commence from the date on which such transfer is credited to Italesse.

3.4 After the selection of the Products, in order to complete the purchase of the Products inserted in the shopping cart, the Customer is invited to register on the Site, providing the required data, or to login, if the Customer is already registered. The Customer displays a summary of his order, whose contents he can modify. Subsequently, the Customer, having carefully read these general conditions of sale, must expressly approve them through the appropriate check marks on the Site.

3.5 Finally, using the “order with obligation to pay/proceed to payment“, the Customer will be asked to confirm his order, which will then be definitively sent to Italesse, and will produce the effects described in art. 2 above of these general terms and conditions of sale.

Art. 4 – Payment methods

4.1 The Customer may choose the payment method among those available on the Site.

4.2 In case of payment by Paypal, the amount related to the purchase of the Products will be charged when Italesse sends the order confirmation e-mail.

4.3 The communications relating to the payment and the data communicated by the Customer at the time it is made are made via secure connection directly on the site of the person who manages the electronic payment. As a result of this, Italesse does not keep payment data in any way. Under no circumstances may Italesse be held liable for any fraudulent and/or improper use by third parties of the credit card data used for payment.

4.4 If payment is made by bank transfer in favour of Italesse, the Customer must indicate in the reason for the transfer the order number and date indicated in the order confirmation, as well as the name and surname of the person who carried out the order.

Art. 5 – Delivery of goods and acceptance of the Products.

5.1 The delivery times of the Products are to be considered purely indicative and not binding for Italesse.

5.2 Italesse undertakes to do its utmost to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day the order confirmation is sent to the Customer.

5.3 The Products ordered by the Customer will be shipped according to the method selected by the Customer, among those available and indicated on the Site when the order is sent. The Customer undertakes to promptly check, and in any case within and no later than 8 (eight) days from delivery, that the delivery includes only and all the Products purchased and to promptly inform Italesse if the Products are defective or do not correspond to those of the order placed, in any case within the time limit and according to the procedures set forth in art. 8 below of these general conditions of sale: failing this, the Products shall be deemed accepted on the delivery date.

5.4 If the package or the envelope of the products ordered by the Customer should reach its destination obviously damaged, the Customer is obliged to refuse delivery by the carrier/freight forwarder or to accept delivery by affixing the words “with reservation” on the delivery document signed to the carrier/freight forwarder.

Should the products be delivered damaged by the shipper, the Customer is required, within 48 hours of receipt of the products, to send Italesse photographs of the damaged products by e-mail (shoponline@italesse.it).

In any case, the application of the provisions in favour of the Customer in relation to the legal guarantee of compliance and the right of withdrawal remains.

Art. 6 – Prices, shipping costs, taxes, and duties.

6.1 The price of the Products is the price indicated on the Site when the Customer sends the order. Prices, expressed in euro, include VAT and any indirect taxes (where applicable).

6.2 Shipping costs are not included in the purchase price but are indicated and calculated definitively in the order according to the type of delivery chosen by the Customer among the different ones available. The delivery costs will be owed by the customer to Italesse in addition to the price of the Products indicated on the Site.

6.3 The Customer shall pay Italesse the total amount, as stated in the order and in the order confirmation sent by Italesse to the Customer via e-mail.

6.4 It is understood among the Parties that any additional cost, charge, tax and/or tax that a given country should apply, in any capacity, to products ordered by the Customer under these general terms of sale will be solely the Customer’s responsibility. The Customer expressly declares that the lack of knowledge of any costs, charges, duties, taxes and/or duties referred to in paragraph 6.4 above, at the time of placing an order with Italesse, shall not constitute grounds for termination of this contract and that it shall in no case charge the above costs, charges, taxes and/or duties to Italesse.

Art. 7 – Right of withdrawal

7.1 The Customer has the right to withdraw from any contract concluded under these general terms and conditions of sale, without penalty, within 14 (fourteen) days from when the Product was delivered or, in the case of purchase with a single order of several Products delivered separately, the last Product of that order has been delivered.

7.2 The Customer may exercise the right of withdrawal by sending an explicit declaration contained in the withdrawal form type (qui allegato),  within the time limit set out in paragraph 7.1, or any other explicit declaration of his decision to withdraw, including via the following e-mail address shoponline@italesse.it. The Customer will receive an e-mail from Italesse confirming receipt of his withdrawal request, containing a return form for the Products, and a return code.

7.3 The Customer shall return the Products to the same delivered or shipped, within and no later than 14 (fourteen) days starting respectively: from the date on which he has notified Italesse of his decision to withdraw from the contract; or, from the date on which the Products are delivered to him.
The Customer must transcribe the return code on the return form referred to in the previous paragraph 7.2, and return the Products to Italesse, together with the aforementioned return form to:
Italesse S.r.l. with headquarters in 34015 Muggia (TS), via dei Templari no. 6, loc. Noghere.

7.4 The costs of returning the Products following the exercise of the right of withdrawal shall be borne by the Customer.

7.5 The term referred to in article 7.4 above for the return of the Products to Italesse will be complied with if the return takes place before the expiration of the 14-day period, regardless of the date on which the Products are subsequently actually returned to Italesse’s premises.

7.6 The risks of returning the Products, as a result of exercising the right of withdrawal, are the Customer’s exclusive responsibility.

7.7 The Customer is responsible for the reduction in value of the Products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Products. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, scratches, deformation, etc.), not complete with all their elements and accessories (including the unaltered labels attached to the Products), not accompanied by the attached instructions and/or manuals, the original packaging and packaging and the warranty certificate, where present, the Customer will be liable for the decrease in value of the Products, and will be entitled to a refund of the amount equal only to the residual value of the Products.
In consideration of this, the Customer is invited not to manipulate the Products beyond what is strictly necessary to establish their nature, characteristics, and functioning.
On the occasion of possible return, it is recommended to cover the Products’ original packaging with other protective packaging that preserves its integrity and protects it during transport.

7.8 Italesse reserves the right to verify the condition in which the Products will be returned as a result of the exercise of the right of withdrawal and to notify the Customer by e-mail of any decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products themselves, and to provide for the refund referred to in the following article paragraph 10.6, taking account of this impairment.

7.9 Without prejudice to the faculty of verification as per article 7.8, Italesse will refund the amount paid to the Customer for the order in question, without undue delay and, in any case, no later than 14 (fourteen) days from receipt of the Customer’s communication regarding the exercise of the right of withdrawal. In accordance with the law, Italesse may suspend the refund until receipt of the goods or until the Customer has proved that the Products have been returned to Italesse.
Italesse will make the refund using the same means of payment used by the Customer for the payment, or, if this is not possible for technical reasons, on a different means of payment previously communicated by the Customer, without any charge or cost to the latter.

Art. 8 – Legal guarantee of conformity

8.1 Pursuant to and for the purposes of European Directive 44/99/EC and Articles 128 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code), the Products purchased by the Customer are covered by the legal guarantee of conformity, which covers defects in conformity of the Products for a maximum period of 24 (twenty-four) months from delivery of the Products to the Customer. The legal warranty of conformity allows the Customer, in case of conformity defects of the Product, to obtain, by contacting Italesse directly, within a reasonable time, taking into account the nature of the Product, the repair or replacement of the product (if and as far as possible), or alternatively to request the reduction of the price or termination of the contract.

8.2 Under penalty of forfeiture of this legal guarantee of conformity, the Customer is responsible for reporting any defects of conformity no later than 2 (two) months after discovery by sending Italesse, by e-mail to the address shoponline@italesse.it, this form qui allegato, indicating the non-conformity and/or defect found, as well as the relative documentation indicated in the return form.

8.3 Italesse will carry out quality controls to verify the actual non-conformity of the Product. Italesse will provide feedback to the Customer via e-mail to the Customer’s address provided during the Site registration process. In case non-conformity of the Product is ascertained, Italesse shall reimburse the Customer for the shipping costs incurred for the return of the non-conforming Product and, at no cost to the Customer, to repair the Product or replace it with a new Product at Italesse’s discretion; in the latter case, the non-conforming and replaced Product shall remain the property of Italesse itself. If the Product cannot be replaced or repaired, Italesse will refund the Customer the price paid for the Product. The refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product or, if not, by bank transfer. It will be the Customer’s responsibility to communicate to Italesse, again by e-mail shoponline@italesse.it, the bank details to make the transfer in his favour and to ensure that Italesse is put in a position to return the amount due.

8.4. attenzione in italiano c’è un errore, passa dal 8.3. al 8.5 The application of any warranty is excluded in the event that the Products are used in a manner that does not conform to those that are appropriate with respect to the nature of the Products or indicated in the instructions/warnings provided by Italesse or indicated on the labels attached to the Products.

Art. 9 – Privacy.

9.1 For all information on how personal data is processed, please refer to the aforementioned information and to the sections informativa sulla privacy and cookies of the Site (collegamento ipertestuale).

Art. 10 – Validity of clauses

10.1 If a clause or part of a clause of these general terms and conditions is held to be invalid because it conflicts with or is contrary to a rule of law, all other clauses of this agreement or parts of the same clause shall remain in full force and effect.

Art. 11 – Applicable law, jurisdiction and Online Dispute Resolution (ODR) procedure

11.1 These general conditions of sale and all contracts related to them are governed by Italian substantive law (in particular, Legislative Decree no. 70 of 9 April 2003 on certain aspects of electronic commerce and, for “consumers”, Legislative Decree no. 206 of 6 September 2005, “Consumer Code”).

11.2 Jurisdiction for all disputes that may arise between the parties regarding the validity, effectiveness, interpretation and/or application of this contract or related to it, will be exclusively competent the Court of the place of residence or domicile of the Customer, if located in the Italian territory or at the choice of the Customer with residence or domicile located outside the Italian territory, between i) the Court of the place of residence or domicile of the Customer; or ii) the Court of Trieste, Italy.

11.3 The Customer residing in countries belonging to the European Union is hereby informed that the European Commission provides a platform for the alternative resolution of ODR (“online dispute resolution”) disputes relating to these general terms and conditions of sale or the online services offered by the Site, accessible on the Site  https://ec.europa.eu/consumers/odr.

11.4 Anything not expressly provided for herein shall be governed by the provisions of Italian law.

General Terms and Conditions of Sale updated and published on 9 September 2020.