GENERAL TERMS AND CONDITIONS OF SALE

Premise

The following Terms and Conditions of Sale regulate the sale on this website “www.aconitocouture.com” (Website). The seller is Aconito Couture, with registered office in Strada Tiberia 8 Voghera PV 27058 IT , Chamber of Commerce of Pavia, VAT number 02751070182, with fiscal code TMSMRM92D70B201K (Seller).

Article 1. Application Scope

1.1 The sale on the Website represents a distance sale agreement regulated by Chapter I, Title III (Section 45 et seq.) of Legislative Decree 6 September 2005, No. 206 (Italian Consumer Code) and by Legislative Decree 9 April 2003, No. 70 on electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales processed by the Seller on the Website. The terms are calculated only considering business days and excluding Saturdays, Sundays and holidays.

1.3 General Sales Conditions can be changed and / or modified at any time. Eventual changes and / or new conditions will be valid starting from the date of their release on the Website. For this reason, before placing any order, the users are kindly invited to visit regularly the website in order to read the most updated version of the General Sale Conditions.

1.4 The applicable General Terms and Conditions of Sale are those in force at the date on which a purchase order is placed.

1.5 These General Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than the Seller, available on the Website through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user must check their conditions of sale. The Seller is not liable for the supply of services and/or the sale of products by these parties. The Seller does not carry out any checks on and/or monitoring of the websites that can be reached through these links. The Seller takes no responsibility for the contents of these Websites, nor for any possible mistakes and/or omissions and/or legal breaches by the said websites.

1.6 The user shall carefully read these General Terms and Conditions of Sale and all other information that the Seller provides on the Website .

1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.

Article 2. Purchasing through the Website

2.1 The purchase through the Website is allowed to the user who

  • is a register user of the Website
  • acts as both a consumer and a trader.

2.2 To avoid hoarding, you can not buy more than 2 pieces of the same article within the same order.

2.3 Under no circumstances may retailers, wholesalers or, in general, all those who intend to make purchases for the purpose of subsequent resale be allowed to make purchases on the Site. It is therefore forbidden for such persons to make purchases on the Website.

2.4 In the case of orders that are anomalous in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to stop the irregularities.

2.5 The Seller reserves the right to refuse or cancel orders placed:

  • by a user with whom the Seller is in dispute
  • by a user who has breached this General Terms and Conditions of Sale
  • by a user who has sent false, incomplete or otherwise inaccurate personal data or who has not sent the Seller the required documents

Article 3. Information Required for Entering into an Agreement

3.1 In accordance with Legislative Decree of April 9 2003, No. 70 on electronic commerce, the Seller hereby informs the user that:

  • to conclude the purchase agreement on the Website, the user must fill out an order form in electronic format and send it to the Seller electronically, following the instructions that will appear from time to time on the Website;
  • the agreement is concluded when the order form reaches the server of the Seller
  • once the order form has been submitted, the Seller will send the user, at the provided e-mail address, an order confirmation containing the following:
    • purchase descriptions
    • the relevant price
    • an indication of the payment means
    • an indication of the delivery costs and any additional costs.

Article 4. Product Availability

4.1 Product availability is constantly monitored and updated. Nevertheless, since the Website may be visited simultaneously by various users, it is possible that more than one user purchase the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable, since restocking is necessary.

4.2 The Website contains information relating to the availability of each Product.

4.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user, especially those provided under Book IV, Title II, Chapter XIV of Italian Civil Code, the Seller will immediately inform the user. The user will therefore be entitled to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code.

4.4 Alternatively and without prejudice to his/her rights, the user may accept:

  • an extension of the delivery period.

4.5 If a refund is requested for the amount paid for the purchase of Products that later proved to be unavailable, the Seller will refund in maximum 10 days.

4.6 If the user avails themselves of the right to terminate the agreement pursuant to Article 61, paragraphs 4 and 5 of the Consumer Code, the purchase agreement will terminate. If the payment of the total sum due – given by the price of the Product, the delivery fees, if applicable, and any other additional cost resulting from the order (Total Sum Due) – has already been made, the Seller will refund the Total Sum Due according to Article “Payment Methods for Purchases Made through the Website”.

Art. 5. Product Sheet

5.1 Each Product is accompanied by a product information sheet illustrating its main features (Product Sheet). The images and descriptions on the Website reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used to view them. Moreover, the images of the Product in the Product Sheet may differ in size or in relation to accessory products. These images must thus be understood as being approximate and implying commonly accepted tolerance thresholds. For the purposes of the sale of goods agreement, the description of the Product in the order form transmitted by the user shall be taken as the point of reference.

Article 6. Prices

6.1 All prices are VAT excluded as not applicable, pursuant to Article 1, paragraphs 54 to 89, l.n. 190/2014 and subsequent modifications.

6.2 The Seller hereby reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the user shall be the one listed on the Website at the time the order is placed, and no fluctuations (increase or decrease) shall register subsequent to the transmission of said order.

6.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit the same.

Article 7. Purchase Orders

7.1 The Seller will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the use. Ownership of the Products will be transferred to you at the time of the delivery, understood as the time of delivery of the Product to the carrier. Any risk of loss or damage to the Product(s) which cannot be attributed to the Seller, will pass onto the user, once the latter or a third party designated by the user other than the courier materially gains possession of the Product(s).

The Service chosen by you will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is established that you have not paid all or part of the Total Amount Due.

7.2 The purchase contract is terminated subject to non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.

7.3 In order to send a purchase order it is necessary to read and approve these General Terms and Conditions of Sale, clicking the relevant box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on this Website.

Article 8. Payment Methods for Purchases Made through the Website

8.1 The payment on the Website can be made by:

  • PayPal.

8.2 As for PayPal payments, the user will be redirected to the website www.paypal.com, where they shall make the payment on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the agreement agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with the Seller. The Seller is thus unable to know, or memorise in any way, the credit card details linked to the user’s PayPal account, or the details of any other form of payment linked to said account.

If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user’s account at the same time as the conclusion of the online agreement. If the agreement is terminated, or in any other case of refund, for any reason, the amount of the refund due to the user shall be credited to the user’s PayPal account. The term for crediting the sum on the payment tool linked to this account depends exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, the Seller shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. Any type of refund to be made pursuant to these General Terms and Conditions of Sale will be made to the user’s PayPal account.

Art. 9. Product Delivery

9.1 There are no limitations to delivery, except in cases indicated on the Website and/or in the Product Sheet.

9.2 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Sheet or in other parts where this is communicated.

9.3 The Products will be delivered within 90 days of receipt of the order and, in any case, within thirty days, effective from the day on which the agreement is entered into.

9.4 You are kindly asked to verify the conditions of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller suggests to you to check the number of Products received and that the packaging is intact, undamaged, not wet or otherwise altered, even in the closing materials; also, the Seller suggests to you to indicate on the carrier’s transport document, any anomalies, accepting in thi event the package with reservation. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the right of withdrawal (if any for the Product) and legal guarantee of conformity apply.

Art. 10. Right of Withdrawal

10.1 In case of purchase on the Website, unless otherwise indicated, you do not enjoy the right of withdrawal provided for Article 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are: goods made to the consumer’s specifications or clearly personalised, sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

Article 11. Legal Guarantee of Conformity

All the Products sold on the Website are covered by the legal guarantee of conformity provided by articles 128-135 by Legislative Decree N. 128-135 of Consumer Code (Legal Guarantee).

To whom it applies

The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Website for purposes other than entrepreneurial, commercial, craft or professional activities.

When it applies

The Seller is liable vis-à-vis the consumer for any non-conformity existing at the time of delivery of the product and becoming visible within two years of said delivery. The Seller must be informed of the non-conformity, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, the non-conformity materialising within six months from the delivery date of the product are assumed as existing since the latter, unless the assumption is incompatible with the nature of the product or with the nature of the non-conformity. Starting from the seventh month following the delivery of the product, the burden of proof to prove that the non-conformity already existed at the time of delivery of the product shall lie with the consumer.

In order to take advantage of the Legal Guarantee, you must thus provide proof of the date of the purchase and delivery of the good. It is therefore advisable, for the purpose of proving the purchase, that you keep the invoice sent by the Seller, as well as the transport document or any other document certifying the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.

In case of a non-conformity reported within the prescribed period, the user is entitled to the following: (i) firstly, the repair or replacement of the good free of charge, according to preference, unless the requested solution is objectively impossible or excessively burdensome with respect to the other one; (ii) secondly (in cases where repair or replacement is impossible or excessively burdensome, or where repair or replacement have not been made within a reasonable period of time, or where the repair or replacement have caused significant inconvenience to the consumer) a discounted price or the termination of the agreement, according to the preference of the user. The requested solution is excessively expensive if it entails unreasonable expenses for the Seller compared to alternative solutions, considering (i) the value that the good would have if the non-conformity did not exist; (ii) the extent of the non-conformity; (iii) the possibility that the alternative solution may be achieved without significantly inconveniencing the consumer.

The Seller shall not be held liable in the event of damage of any kind resulting from the improper use of the Product or in the event of damage resulting from unforeseeable circumstances or force majeure.

Article 12. Applicable Law and Jurisdiction; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

12.1 The purchase contracts concluded between you and the Seller are governed by the Italian law. To the users regularly non residents in Italy will be applied possibly more favorable and mandatory provisions provided by the law of the country in which they are habitually resident, and in particularly related to the term for the exercise of the right of withdrawal, to the term to return the Products, in case the User would like to exercise this right, to the methods and the formalities of the communication of this right and to the legal conformity guarantee.

12.2 If you are a “consumer”, for any dispute concerning the application, execution and interpretation of these General Terms and Conditions of Sale, the Jurisdiction is where you have your residence or you have elected your domicile.

12.3 According to Article 141-sexies, comma 3 Legislative Decree of 6 September 2005 N. 206 (Consumer Code), the Seller informs the user as an end consumer whom Article 3, comma 1, lett. a) of the Consumer Code, that, in case he/she has submitted a complaint directly to the Seller, as a result of which it was not possible to resolve the controversy that arose, the Seller will provide the informations concerning the organization of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations arising from a contract concluded in accordance with these General Sale Conditions (ADR organizations, as indicated in Article 141-bis and followings of the Consumer Code), also specifying if it wants to use or not these organizations in order to solve the dispute.

12.4 Furthermore the Seller informs you as a consumer whom at Article 3, comma 1, lett. a) of the Consumer Code that a European platform for online resolution of consumer disputes was established (ODR Platform). The consumer can browse ODR Platform at the following link: http://ec.europa.eu/consumers/odr/; through ODR Platform the consumer can see the list of ADR Organizations, find the link redirecting to each one website and start an on-line procedure for the solution of the disputes in which he is involved.

12.5 Whatever it is the outcome of the out-of-court settlement procedure of disputes relating to consumption relationships through recourse to the procedures set out in Part V, Title II-bis of the Consumer Code, in any case the consumer has always the right to bring legal action before the competent Court.

12.6 For any disputes related to the application, execution and interpretation of these General Terms and Conditions of Sale, the user who resides in a member state of the European Union other than Italy can also access the European procedure established for small claims, by the Regulation (CE) N. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed Euros 2,000.00, excluding interest, rights and expenses. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Article 13. Customer Care and Complaints

You may request information, send communications, ask for assistance or submit complaints by contacting the Seller’s Customer Service as follows:

The Seller will deal with complaints by replying within 5 days of receipt.

Policy on personal data processing based on REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (GDPR)

Introduction

The following Terms and Conditions of Sale regulate the sale on this website “www.aconitocouture.com” (Website). The seller is Aconito Couture, with registered office in Strada Tiberia 8 Voghera PV 27058 IT, Chamber of Commerce of Pavia, VAT number 02751070182, with fiscal code TMSMRM92D70B201K (Company)

Purchasing through the Website

The Company shall acquire and process your personal data to process your request to purchase through the Website.

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Pursuant to the GDPR, the Seller shall process the personal data provided by you as indicated in this privacy policy.

Article 1. Purpose of the processing. Legal basis. Mandatory or optional nature of data provision and consequences of any refusal.

The Company shall process the personal data provided by you for the following purposes:

a. for administrative/accounting purposes. The legal basis for the processing is Company’s commitment to be compliance with a legal obligation or to take steps at the request of the data subject prior to entering into a contract, as the case may be;

b. in the case of the execution of an online purchase order, to allow the conclusion of the purchase contract and the proper execution of transactions related to the same (and, where necessary, to fulfill tax obligations). The legal basis for the processing is Company’s commitment to be compliance with a legal obligation or to perform a contract to which the data subject is party;

c. if you provide your explicit consent, The legal basis for the processing is your consent;

d. to respond to your requests through the customer care service. The provision of data is purely optional. However, as the said processing is necessary in order to respond to your request, your refusal to provide the relevant data will prevent you from obtaining an answer from the customer care of the Company. The legal basis for the processing is the Company’s legitimate interest to perform these activities. This legitimate interest is equal to the user’s interest to use the customer care service of the Website;

e. in order to answer your requests by email. The provision of data is purely optional. However, as the said processing is necessary in order to respond to your request, your refusal to provide the relevant data will prevent you from obtaining an answer from the customer care of the Company. The legal basis for the processing is the Company’s legitimate interest to perform these activities. This legitimate interest is equal to the user’s interest to receive an answer by the Company.

The provision of data for the purposes set out in at Point b) is purely optional. However, as the said processing is necessary in order to enable you to register with the Website and to provide the online purchasing your refusal to provide the relevant data will prevent you from registering with the Website and from completing an online purchase.

It is understood that the Company may use your personal data to comply with legal obligations and to perform the purchase contract.

“Gift” Service

You may give one or more products to one of your friends as a present. For this purpose you shall provide the personal data of your friends. The Company will store the personal data only to prove the performing of your request. In order to enjoy this service you shall prove the relevant consent of your friends, if requested by the Company.

PayPal

You may make purchases using PayPal. In this event, you will be directed to a page outside the Website, where you must indicate the personal data requested by PayPal to complete the purchase process (PayPal will act as a data controller). These data will not pass through the server of the Company which, therefore, will not process such data in any way. To provide the above-indicated data is necessary to make purchases on the Website.

Special Categories of Personal Data. Judicial Data.

The Company does not process special categories of personal data nor judicial data.

Article 2. Methods of Processing Personal Data

The processing of your personal data will be carried out by electronic or automated means, in the manner and with the appropriate tools to ensure the security and confidentiality in accordance with the GDPR.

The information and methods of processing will be relevant and not excessive in relation to the type of services provided. Data will be managed and protected in environments where access is under constant control.

Article 3. Data Disclosure

For the purposes described in this privacy policy, the personal data provided by you may be disclosed or communicated to the following parties:

  • to all those parties (including Public Authorities) that have access to the data by virtue of regulatory or administrative measures
  • to third parties in charge of printing, enveloping, shipping (e.g., suppliers, even with reference to drop shipping activity) and/or delivery and/or collection of products purchased through the Website
  • to forwarding agents and to parties responsible for the delivery and/or collection of the products purchased
  • to parties who process online payment transactions
  • to companies, consultants or professionals in charge of the installation, maintenance, updating and the management of the Company’s hardware and software or which the Company uses for the provision of its services
  • to the company in charge of the customer care service
  • to all those public and/or private parties, natural and/or legal persons (legal, administrative and tax consultancy firms), where the communication is necessary or of practical use for the correct fulfilment of contractual obligations undertaken in relation to the services provided through the Website, and of legal obligations.

Your data may be disclosed only in anonymous and aggregated form for statistical or research purposes.

Article 4. Data Controller

You can contact the Company, as Data Controller, at the following addresses:

Strada Tiberia 8, Voghera, PV 27058 IT

By telephone, calling: +39 340 88 97 668

By email, writing to: info@aconitocouture.com

You may address requests relating to the processing of your personal data to both the Data Controller and the Data Protection Officer.

Article 5. Data Storage

Your personal data will be stored only for the period of time required to ensure the correct provision of the services offered, in any case not beyond the legal limits.

Article 6. Rights of the Data Subject

Pursuant to GDPR (Article 13), you have the right to:

  • request access to and rectification or erasure of personal data or restriction of processing or object to their processing, in addition to the right to data portability
  • withdraw consent at any time without prejudice to the lawfulness of processing based on consent given prior to the withdrawal
  • lodge a complaint before a supervisory authority (for instance, the Italian Data Protection Authority).

The above-mentioned rights may be exercised by making a request to at the contacts indicated above.

Article 7. Amendments

The Company reserves the right to change this privacy policy at any time, giving suitable notice to users and ensuring in any case an adequate and similar protection of personal data. In order to view any changes, you are invited to regularly consult this privacy notice.

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