The products are sold directly by MANIFATTURA DI VALDUGGIA SPA, with registered office in Italy at Via Roma n. 9 - 13818 Tollegno (BI) and administrative headquarter in Italy at Via Matteotti n. 115, 28077 Prato Sesia (NO), tax ID and Biella Business Registry n. 01226270021, VAT n. 01872310022, phone number +39 02 94755431, fax number + 39 0163 853655 MANIFATTURA DI VALDUGGIA SPA, e-mail firstname.lastname@example.org
These General Conditions of Sale are exclusively effective between MANIFATTURA DI VALDUGGIA SPA - hereinafter Corporation or the Seller - and any people purchasing online through the eCommerce service of the site julipet.it - hereinafter Customer. These General Conditions of Sale are applied on any online sale by MANIFATTURA DI VALDUGGIA SPA. The Seller reserves its right to amend General Conditions at any time, nonetheless those published on the Online store at the time of Customer's order forwarding shall be intended applicable to the Sales Contracts. Customers are therefore obligated to read the most updated version of these conditions of sale carefully before placing an order.
These General Conditions of Sale discipline the purchase orders for products on julipet.it in compliance with the laws of Section III, Title III, Chapter I of Consumer Code, Decree Law 206/2005, modified by DL n. 21/2014 and by DL 70/2003 on the subject of e-commerce.
Customer fully understands that this service is intended for personal use only and must not be used in connection with the carrying out of any business or for any commercial purpose.
Any order that does not clearly correspond to a retail sale and more generally, any order that is fraudulent or suspected as such, will be considered null or void by unquestionable judgment of the Seller.
Sending the purchase order implies that you are fully aware of, and expressly accept, the above mentioned General Conditions of Sale and the terms on the Order Form.
By placing an order on this site, you are guaranteeing us that you are an adult and have the legal ability to enter into a binding contract. If you are below age 18, you must have the permission of one of your parents, or a legal guardian, before you can purchase on the above mentioned sites. Purchases made by Customers not having legal liability or by minors without expressed authorization and relative payment by an adult or legal guardian, can be rejected at any time by Seller.
These General Conditions of Sale do not discipline the supply of services or the sale of products by subjects other than the Seller that are present on the Shop through links, banners or other hypertext connections. Before entering orders and purchasing products from subjects other than the Seller, we suggest that you check their conditions of Sale because the Seller is not responsible for supply of services by third- party subjects other than the Seller. Consequently, the Seller will not be liable for any contents of such sites, mistakes and/ or omissions and/or law violation from their part.
These General Conditions of Sale apply to Italy and to other UE countries listed on the website.
1. PURCHASE ON THE SHOP
The purchase on the site is only permitted for people over the age of 18 and for consumers. Consumer is defined as a natural person who, with regard to the purchase of products, acts for purposes unrelated to any business, commercial, professional or craft activities interests that he/she may have.
You must be registered to the Shop. You can purchase more than one item in the same order.
The Site is reserved for retail sale. Retailers, wholesalers or, in general, all those who wish to purchase Products for the purposes of subsequent resale, cannot submit orders on the Site for purchasing. Customers who fail to collect shipment more than twice, will not be eligible for any other purchase from the Shop. If there should be violations of the prohibitions set forth under the present article, the Seller reserves the right to under take all actions required to ensure that such irregularities cease immediately, including the suspension of access to the Site, the cancellation of the registration or the non-acceptance or cancellation of irregular orders.
The Seller will also reserve its right to refuse or cancel any orders from:
- Customer that it is suing relative to previous order;
- Customer who has previously violated the contract conditions for online purchases from MANIFATTURA DI VALDUGGIA SPA;
- Customer involved in any kind of fraudulent activity, especially credit card payment frauds;
- Customer who entered false, incomplete or incorrect personal data.
2. SHOP REGISTRATION
The purchase of Products on the Site can be carried out upon or without registration. Registration with the Site is free. To register with the Site, Customer must fill the registration form by providing name, last name, e-mail address, password and by clicking on "Create account". Users will be notified by e-mail when account is created. Users are allowed to one registration only.
Shop registration allows Customer to:
- Save personal data;
- Create and save their own "cart";
- Check information about orders and returned goods;
- Check order status;
- Manage and update personal data.
Your account information allow you to purchase on this Shop. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and not to divulge them to third-party. You agree to notify the Seller via e-mail at email@example.com in case of undue use or undue disclosure of such information.
The customer hereby guarantees that the personal data provided during the registration procedure for the Site are complete and truthful and understands that the Seller is not responsible for any all losses, damages and/or liabilities deriving from and/or in any way connected to the violation by the customer of the regulations concerning registration with the Site or the conservation of registration credentials.
3. INFORMATION DESIGNED TO CONCLUDE A CONTRACT
In accordance with Legislative Decree 9 April 2003, no. 70 containing provisions related to electronic commerce (e-commerce), Ecommerce Outsourcing hereby informs the customer that:
to conclude the purchase contract of one or more Products on the Site, the customer must fill an order form in electronic format and send it electronically, following the instructions that will appear each time on the Site;
the contract is concluded when the order form reaches the Seller server;
before proceeding with the transmission of the order form, the customer can identify and correct any errors in the insertion of data by following the instructions on the Shop;
once the order form has been registered and payment method confirmed, the Seller will send via e-mail a confirmation of the Registration of the Order to the customer, at the indicated e-mail address, containing the following the information regarding the basic features of the purchased product, a detailed indication of the price, the form of payment used, the delivery expenses and any additional expenses;
the order form will be filed in the data bank of MANIFATTURA DI VALDUGGIA SPA for the time required for the completion of the contract and, in any case, according to the procedures and time limits laid down by law.
4. PRODUCT AVAILABILITY
Products offered on the Shop are clothing and accessories included in the electronic catalogue published on the website at the time of the order.
Products availability is constantly monitored and updated. Nevertheless, due to simultaneous purchases, the product may not be immediately available for technical reasons after the transmission of the order, even though it was labeled "Immediately Available", and will need to wait for restocking. In this case the customer will be immediately informed.
If the Product ordered is not available, for the above mentioned reasons, with exception of user's rights, as per Chapter XIV of Title II Book IV of the Civil Code, the customer will be immediately notified by e-mail. The user will therefore be entitled to conclude the contact immediately, except in the case of greater damages, according to Article 61, IV and V clause of Consumer Code.
In case of customer exercising the above mentioned right (Art. 61, IV and V clause of the Consumer Code) and having already settled the full payment - intended as product price, shipment delivery cost and any further cost resulting from the order - MANIFATTURA DI VALDUGGIA SPA , will reimburse the total amount to the customer in the shortest time possible. The user will be notified via e-mail about the reimbursement amount due and such amount credited on the same payment method selected by customer at the time of purchase. Any possible crediting delay may depend on selected payment method or by the provider of such service. In any case, the date of reimbursement will correspond to charge date.
In case of Multiple Order, if unavailability concerns only some of the products included in Multiple Order (except user's rights as per Chapter XIV of Title II Book IV of the Civil Code, and except the case of complete unavailability of every ordered products), MANIFATTURA DI VALDUGGIA SPA will notify customer via e-mail about unavailable items and reimburse him/her the cost of the products. In case of customer exercising the right as per Art. 61, IV and V clause of the Consumer Code, the purchase agreement regarding unavailable items of Multiple Order will be partially canceled and limited to such Product/s, with reimbursement of the price paid and of any further cost associated with such Product/s. Shipment delivery cost will be calculated according to the present contract. The complete cancellation of Multiple Order will be applied only in case of verified relation to parts and/or accessory of the Product.
The partial amount due to user will be reimbursed in the shortest time possible from the day of the order. The user will be notified via e-mail about the reimbursement amount due and such amount credited on the same payment method selected by customer at the time of purchase. Any possible crediting delay may depend on selected payment method or by the provider of such service. In any case, the date of reimbursement will correspond to charge date.
5. PRODUCT INFORMATION
Each Product has a technical data section, which details the main characteristics. The Seller will do its best to ensure that the photographs published on the Shop represent the Product for sale as faithfully as possible. The colors may differ due to the settings of the computer or systems used to view the photos. Pictures of the Product may differ in size or in relation to accessories. Pictures are intended to be approximate and give a general idea of the Product. For the purposes of this sales contract, the Product description contained in the order sent by the customer will be relied on.
6. SALE PRICES
All Products prices indicated on the Shop include VAT and are expressed in Euros. MANIFATTURA DI VALDUGGIA SPA reserves its right to modify prices at any time without any obligation to give advance notice, provided that the price charged to user will be the one indicated on the website at the time the order is sent over the Internet. All users are therefore invited to check the final sale price before placing an order. Please, be advised that, due to many factors, such as the business policy of the Seller and Trademark Owner, prices indicated in the section "Italy" may vary to reflect local market prices and applicable duties.
In case of reduced prices, the full original price will be indicated on the Product page. Such price corresponds to the real market price.
7. PURCHASE ORDER
Products are property of MANIFATTURA DI VALDUGGIA SPA until the full amount of payment is received from Customer. In case of unsuccessful payment, contract will be concluded as per Art. 1456 c.c. and Customer will be notified via e-mail.
MANIFATTURA DI VALDUGGIA SPA will ship the Product after the notification of successful payment. Any loss or damage of Products not imputable to MANIFATTURA DI VALDUGGIA SPA, will therefore be handed down to User or to a third-party by him/her nominated and different than courier, when he/she enters into possession of Product.
8. PAYMENT METHODS
Payment for Products purchased on the Site may be made using the payment methods described in the following paragraphs:
- Payment by Credit Card must be authorized by your bank for the total value of your Order confirmation. All transactions are managed by GESTPAY, a safe payment gateway certified by BANCA SELLLA.
- Paypal, according to the terms and conditions of the contract agreed between the customer and PayPal. When paying by PayPal, the amount of the purchase will be debited by PayPal immediately, when transmitting the order. You can use e-mail account and password created at the time of your Paypal registration. Data entered on the PayPal site will be treated directly by Paypal and will not be forwarded or shared with MANIFATTURA DI VALDUGGIA SPA. The Seller has therefore no knowledge of and does not store credit card data linked to the customer's PayPal account, or data of any other payment instrument associated with this
- Mybank. A payment method that allows Customer to safely make payments through his/her own online banking service or through app from cell phone and tablets. It protects your digital identity and personal data by creating a direct online connection between your bank and bank account.
The total amount due will be charged to user at the time of the order. In case of conclusion of the agreement and in any other case of reimbursement, such due reimbursement will be credited on the same payment method selected by customer at the time of purchase. Any possible crediting delay depend exclusively on the selected payment method. MANIFATTURA DI VALDUGGIA SPA will therefore not be held responsible for any delay or omission concerning the credited reimbursement amount. If such a controversy may arise, you are invited to check with your bank.
9. DELIVERY OF PRODUCT
Delivery of Product is carried out at the delivery address indicated by the customer in the order form. Delivery can't be effected to any post-office box or any other general delivery. Goods will be dispatched in the shortest time possible and within 30 (thirty) days following the first day of the order, except different agreement between the parts. No delivery will be carried out to States not listed in the order form. At the time of shipment, meaning the products being handed to the courier, the Customer will be notified via e-mail. The Sellers avails itself of TNT courier, but reserves its right to use different delivery methods. Buyer will be able to track his/her order by accessing TNT Global Express tracking service and check the shipment status through their account. Delivery times are estimated on business days only, weekends and holidays excluded.
The Seller will not be held liable for any damage and will not replace or repair any item unless otherwise reported by customer at the time of deliver by writing "good unchecked" and specifying the reason of the reservation (i.e. damaged goods, broken package, etc) on the courier proof of delivery. Such a damage must be immediately checked by courier and notified to Seller at its e-mail address firstname.lastname@example.org and courier in charge as well. Rules about withdrawal and legal guarantee of conformity will be applied.
Delivery costs and any further expenses are charged to the customer unless otherwise indicated in the datasheet section of the product or anywhere else on the Shop. The amount of such costs (including VAT) is clearly and separately expressed in the datasheet section of the product and, in any case, before the Customer place the order. This amount will be later shown in the "order confirmation" e-mail.
Delivery costs amount to:
€ 9, 90 for domestic shipment;
€ 24,90 for international shipment and only to the countries indicated at check out.
In case of withdrawal of multiple orders, MANIFATTURA DI VALDUGGIA SPA will reimburse the total amount of delivery costs if the user intends to entirely terminate the contract. No reimbursement will be provided in any other case.
The customer acknowledges that collection of product is a specified obligation under the purchase contract. If non-delivery is due to the absence of the recipient at the address specified in the order form, the courier will leave a note in order to give instructions for receiving or collecting the product after the first attempt of delivery. If the product is not collected within 10 days, the package will be held "in stock". Customer Service will therefore notify user via e-mail in order to ship the package as soon as possible. Customer Service will also be able to modify delivery address if necessary. In case of failure to collect the shipment, the product will be given back to the Seller, which will refund the customer within 30 business days. The termination of contract and the amount of refund will be notified by e-mail and the amount credited on the on the same payment method selected by customer at the time of purchase. Any possible crediting delay depend exclusively on the selected payment method. Customer has the right to request the product during these thirty days. If so, MANIFATTURA DI VALDUGGIA SPA will schedule a new delivery by charging additional delivery costs.
10. RIGHT OF WITHDRAWAL
A customer who is a Consumer has the right to withdraw from the contract to purchase the product without incurring any costs and without stating any reason, within 14 calendar days ("PERIOD OF WITHDRAWAL).
The withdrawal period shall expire:
- in the case of order for a single product, the day on which the customer or a third party other than the carrier and indicated by the customer, acquires physical possession of the Product;
- in the case of multiple order with separate delivery, the day on which the customer or a third party other than the carrier and indicated by the customer, acquires physical possession of the last Product; or
- in the case of order including multiple pieces or batches, the day on which the customer or a third party other than the carrier and indicated by the customer, acquires physical possession of the last piece/batch.
To exercise the right of withdrawal, the Customer must inform MANIFATTURA DI VALDUGGIA SPA, prior to the above defined limit. For this purpose, the customer may:
- use the online withdrawal form in his/her own account section "Request of Withdrawal". This form must be filled and sent through the reporting system after the log-in.
- send a "declaration of withdrawal" by registered letter with acknowledgement of receipt to MANIFATTURA DI VALDUGGIA SPA, Via Matteotti n. 115, 28077 Prato Sesia (NO).
Right of Withdrawal is intended to be effective only when it is exercised within the Period of Withdrawal, meaning that such a communication has been sent before the expiration of Period of Withdrawal. Customer must submit order number, the Product/s for which he/her is exercising the right of withdrawal and his/her address. Customer must provide proof of purchase when he/her exercise Right of Withdrawal.
Any foreign user must return the package to MANIFATTURA DI VALDUGGIA SPA with no undue delay within 14 (fourteen) calendar days since the day of withdrawal, by using a selected courier that will be charged of the expenses. The term is respected when the user return the package before the expiration of the 14 days.
The Product, carefully packed, must be sent to the following address: MANIFATTURA DI VALDUGGIA SPA, Via Matteotti n. 115, 28077 Prato Sesia (NO). In such a case, the returning costs shall be borne by Customer and he/she will be held responsible for the shipment.
In any case, Product is intended to be returned when it is delivered to the selected courier office as per instruction by MANIFATTURA DI VALDUGGIA SPA.
MANIFATTURA DI VALDUGGIA SPA will refund the total amount of payment to user, including shipment costs when user exercises his/her right of withdrawal with no undue delay within 14 (fourteen) calendar days since the day the Seller has been informed about such a decision. The total amount of refund will be communicated via e-mail; the refund will be credited on the same payment method selected by customer at the time of purchase, except any previous different agreement with the Customer; in any case, Customer shall not bear any additional cost for such a refund. In case of partial withdrawal from Multiple Order, shipment costs are specified in the section "Delivery of Product".
Customer is solely responsible for the diminished value of the Product resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product itself. The Product must therefore be treated with ordinary care and returned undamaged, complete in all its parts, including all accessories and leaflets, with identification tags, labels and any plastic fastener still attached to the Product intact and not tampered with, and with no sign of wear, tear or dirt. Right of withdrawal cannot be exercised in relation to parts and/or accessory of the Product. In case of diminished value of the Product deriving from improper handling other than necessary to establish the nature and the characteristics of Product, refund will not be possible.
If the withdrawal is not exercised in accordance with the applicable law, contract will not be terminated and, consequently, no refund will be provided. MANIFATTURA DI VALDUGGIA SPA will notify Customer within 5 business days since receiving the Product, declining the request of withdrawal. The product will be available for pick up at MANIFATTURA DI VALDUGGIA SPA and the user will bear the delivery costs.
11. LEGAL WARRANTY OF CONFORMITY
All the products sold on the Shop are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the Legislative Decree no. 206/2005 ("Consumer Code") ("Legal Warranty").
TO WHOM IT APPLIES
The Legal Warranty is reserved for consumers. It therefore applies solely to customers who have made the purchase on the Shop for purpose other than entrepreneurial, commercial, craft or professional activities.
WHEN IT APPLIES
The Seller (and therefore, with regard to purchases made on the Shop, MANIFATTURA DI VALDUGGIA SPA) is responsible to the consumer for any patent defect existing at the time of delivery of product and which manifests itself within two years of the said delivery. The Seller must be informed of the patent defect, under penalty of expiration of the guarantee, within two months from the date in which it was discovered.
Unless proven otherwise, it shall be presumed that the patent defects which manifest themselves within six months since the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the patent defect. Starting from the seventh month following the delivery of product, the burden of proof to demonstrate that the patent defect already existed at the moment of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Warranty, the customer must therefore provide proof of the date of the purchase and delivery of the goods. In order to prove such purchase, it is advisable for the Customer to keep the invoice as well as transport document, and any other document certifying the date of purchase (such as credit card or bank statements).
WHAT IS A PATENT DEFECT?
A patent defect exists when the purchased good:
1. is not suitable for performing the function for which goods of the same kind are normally used;
2. does not conform to the description provided by the Seller and does not possess the feature that the Seller presented to the Consumer as a sample or model;
3. does not display the feature and performance that are normal for a good of this kind, which the consumer can reasonably expect, considering the declarations made in the advertising or on labeling;
4. is unsuitable for the specific use by the consumer who informed the seller at the time of the completion of the contract, culminating in the in the Seller's acceptance of the situation.
The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the customer's responsibility or by use of the product that does not comply with its intended use and/or information contained in the technical documentation accompanying the product.
SOLUTIONS AVAILABLE TO THE CUSTOMER
In case of a patent defect reported within the prescribed period, the customer is entitled to:
1. firstly, to the repair or free replacement of the good, according to his/her preference, unless the requested solution is objectively impossible or excessively onerous with respect to the other one;
2. secondly (in cases where repair or replacement are impossible or excessively onerous or where repair and replacement have not been made within a reasonable period of time or where the replacement have caused significant inconvenience to the consumer) to price reduction or rescission of the contract, according to the preference of the customer.
The requested solution is excessively onerous if entails unreasonable expenses for the seller compared to alternative solutions, considering: 1) the value that the good would have if there was no patent defect; 2) the entity of the patent defect; 3) the possibility that an alternative solution may be achieved without significant inconvenience for the consumer.
WHAT TO DO IN CASE OF PATENT DEFECT.
If a product purchased on the Shop, during the period of validity of the Legal Warranty, should display what could be intended as a patent defect, the User can e-mail our Customer Service at the: email@example.com or +39 0163 853705. Customer Service department will promptly reply to the communication, informing the customer about the next steps he/she should take. It will also schedule the delivery of product, considering the reported patent defect. Such a product must be sent to MANIFATTURA DI VALDUGGIA SPA, Via Matteotti n. 115, 28077 Prato Sesia (NO). The Seller will then check the product to ascertain the existence of lack of conformity in the complaint. The User must return the Product carefully packed to the courier selected by MANIFATTURA DI VALDUGGIA SPA on the set day and time. MANIFATTURA DI VALDUGGIA SPA will also send the waybill, that must be attached on the package. Pick up time will then be agreed with Customer by the courier. Waybill must be filled, paid and attached on the package and hand it to the courier on the set day and time. The User will not have to pay for the return costs and will not be held liable of any loss or damage that may occur during transport. MANIFATTURA DI VALDUGGIA SPA reserves its right to charge the user with the cost of return if the product doesn't display any patent defect after it is inspected. MANIFATTURA DI VALDUGGIA SPA also reserves its right to ask the user to attach to his/her request the purchase invoice or any other document certifying the date of purchase.
12. MANUFACTURER'S CONVENTIONAL WARRANTY
The Products sold on the Site may, according to their nature, be covered by a conventional warranty issued by the manufacturer (hereinafter referred to as the "Conventional Warranty"). The customer can only assert his/her right to the warranty with the manufacturer. The duration, extension (including geographic extension), conditions and procedures, the types of damage/defects covered and the restrictions of the Conventional Warranty depend on the manufacturer and are indicated in the so-called warranty certificate contained in the product packaging. The Conventional Warranty has a voluntary nature and does not add to, replace, restrict, prejudice or exclude the Legal Warranty.
The purchase agreement completed on the Site is subject to Italian Legislation. Governing Law doesn't apply to non-resident. Right of Withdrawal, Return of Product and any other favorable provision of law are in compliance with the Country's resident.
For all disputes arising related to the application, execution and interpretation of the General Conditions of Sale, the competent court is the Bar of Novara.
Users outside EU can also apply to the European Small Claims Procedure (ESCP), Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007, on the proviso that the value of controversy does not exceed the amount of € 2.000,00, excluding interests, rights and costs.
The body of such Regulation is available on the site http://eur-lex.europa.eu
14.CUSTOMER SERVICE AND COMPLAINTS
Any information, communication, customer support or complaints is available at our Customer Care, which can be reached as follows:
- Monday through Friday from 9.30 to 12,30 am and from 3 to 6 pm by phone. Please dial +39 0163 853705;
- Via e-mail at firstname.lastname@example.org;
- Through the Contact Form at the section "Contact us" on the Shop.
Customer Care will reply via e-mail within 5 business days since the reception of complaints.