Conditions of Sale
These General Sales Conditions (hereinafter “General Conditions”) rule all sales agreements between Diana E-Commerce Corporation SRL, with registered office in Torreglia (PD), 137/139 via San Daniele, Italy, Registration number in the Padua Business Register, Tax Code and VAT number 05097740285, R.E.A. [Economic and Administrative Index]: PD442830, share capital € 500,000.00 fully paid up, telephone (+39) 0498592438, certified electronic mail address: email@example.com (hereinafter the “Seller”) that trades, on behalf of ANTONIA SRL (with registered office in 5 Via Cusani, Palazzo Cagnola 20121 Milano (MI), VAT number 09259310960), the products (hereinafter the “Products”) on sale in the online shop on the website www.antonia.it (hereinafter the “Website”), and the customer who, pursuant to article 3 of the Law Decree No. 206/2005 (“Consumer Code”) is the consumer or the natural person, i.e. an individual (hereinafter the “Customer”) who submits orders electronically by means of the Website but has no commercial, professional or entrepreneurial targets.
The offer and sale of products on the Website are ruled by these General Conditions. The Customer may request any information through the assistance services by contacting the Customer Service as given in the following paragraph 11.
OUR COMMERCIAL POLICY
The Seller offers the Products on sale by means of the Website only to final users who are “consumers”.
The word “consumer” identifies a natural person who purchases from the Website but has no commercial, professional or entrepreneurial targets.
The sale of Products on the Website refers exclusively to the countries indicated in the list of shipping countries on the relevant page of the Website, accessible via the Homepage.
The Seller reserves the right to provide for a maximum limit of Products, or types of Products, that can be purchased on the Website.
Therefore, the Seller is entitled not to execute orders either from subjects who are not “consumers” and/or minors, from countries not included among those indicated among the shipping countries or, in any case, to orders that do not comply with their commercial policy.
These General Conditions exclusively rule the offer, forwarding and acceptance of purchase orders for Products on the Website, between the Customers and the Seller.
The General Sales Conditions don’t rule the supply of services or the sale of products from subjects who are not the Seller even if they are present on the Website by means of links, banners or other hypertextual connections. It is the Customer’s responsibility to check the sales conditions before sending an order and purchasing products and services from other parties who are not the Seller because the Seller is not responsible for the supply of services from third parties or for the conclusion of agreements of electronic trade between the Website’s users and third parties.
PURCHASE ORDER OF THE PRODUCTS
- To order one or more Products on the Website, the Customer must select the Products he/she intends to purchase and then add them to the shopping cart.
- Once the selection of the chosen Products has been completed, the Customer must continue with the checkout via the shopping cart web page, fill in the order form in the electronic format, according to the relative instructions, and send it to the Seller.
- Before purchasing the products, by sending the order form, the Customer will be asked to carefully read the General Conditions which he/she can print, memorize or make a copy for personal use.
- The purchase order of the Products can be made by the Customer both through his/her personal account, if registered on the Website, and through the guest user mode, providing, in this case, the required personal information to proceed with the execution of the order.
- The order form contains a reference to these General Sales Conditions and a summary relevant to the essential characteristics of each ordered Product and its price (including taxes or applicable fees), the payment methods, the methods of delivery the purchased products, the shipment and delivery costs, the conditions to follow for the right of withdrawal and the methods for returning the purchased Products.
- Before submitting the purchase order form, the Customer should review the details of the order, as well as identify and correct any data entry errors.
- When the Customer forwards the order form, it implies the Customer’s obligation to pay the amount indicated in the order.
- By sending the order form, the Customer unconditionally accepts and undertakes to observe these General Conditions in relations with the Seller. If the customer does not agree with some of the terms set out in the General Conditions, he/she should not send the order form for purchasing the products.
- By sending the order form, the Customer declares that he/she understands and accepts the General Sales Conditions, the Website’s information, also recalled by a link, and the General Conditions of Use.
- The presence of the Products on the Website should be understood as an invitation to offer by the Seller. The sending of the purchase order by the Customer to the Seller is valid as a purchase proposal for the individual Products listed in the order.
- Upon receipt of the purchase order, the Seller will email the Customer a receipt of the purchase order that will contain a summary of the General Sales Conditions, the information relating to the essential characteristics of the Products and the price details (including all applicable taxes or duties), payment methods, conditions and methods of exercising the right of withdrawal and delivery costs. This e-mail is an automatic confirmation of order receipt and does not imply the acceptance by the Seller of the Customer's purchase order.
- The Customer's purchase order is accepted by the Seller when the Seller sends an e-mail confirming the shipment of the ordered Products.
- The Seller is entitled to refuse a purchase order. That can occur, for example, if the Products are not available or if the orders are incomplete or incorrect or that don’t give enough guarantees of their solvency or if the orders don’t comply with the Seller’s commercial policy and/or the General Sales Conditions. In these cases, the Seller will immediately inform the Customer by email, and, in any case, within 30 days from the day the order was sent to the Seller. The Seller will let the Customer know the contract was not completed and the order won’t be executed. If the Customer has already sent the purchase form and paid for the items, the Seller will reimburse the paid amount.
- The order form will be filed in the Seller's database for a period of time necessary to process the orders and, in any case, in compliance with the law. The Customer, if registered on the Website, will be able to view the orders placed by accessing his/her personal account and then by consulting the appropriate section of the Site. The Customer who made the purchase as a "guest" user can check the orders placed by contacting the Customer Service as given in paragraph 11 "Customer Service" of these sales conditions.
- The languages available for the conclusion of the purchase order are indicated, for each country, in the section relating to the shipping countries accessible via the Website's Homepage.
CHARACTERISTICS OF THE PRODUCTS
Only original products are on sale on the Website.
The essential characteristics of the Products sold by the Website are given in each Product chart. The images and the colors of the Products on sale might not correspond exactly to the real ones due to the Internet browser and/or the available monitor.
Each Product is sold on the Website with its identification tag, which is an integral part of the Product itself.
The prices of the Products indicated on the Website are expressed in euros (€), pounds (£) and US dollar (($) and include all applicable taxes and fees. The prices of the Products, on the other hand, do not include shipping and delivery costs which will be clearly indicated at the beginning of the Product purchase procedure.
The prices of the Products may be subject to variations. The Customer, therefore, should check the final sale price before sending the relative order form.
The payment methods can be found on the Payments and Security page of the Website, as well as indicated in the single purchase order form, and they are an integral part of the General Sales Conditions.
The purchase price of the Products and the shipping costs, as indicated in the order form, will be charged after the Customer has sent the purchase order and before the Products are shipped by the Seller.
If the payment is by credit card, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website.
If the Product is delivered to a country belonging to the European Union, no customs clearance costs, such as import taxes and/or duties, should be due.
However, in the case of delivery to a country not belonging to the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Customs clearance costs cannot be foreseen in advance by the Seller and are, in any case, entirely borne by the Customer.
For further information, the Customer can contact the customs office of the country of delivery of the Product.
DELIVERY OF THE PRODUCTS
The delivery of the Products ordered on the Website is carried out by express delivery. The costs, methods and delivery time of the Products are given in the “Shipment” page and in each purchase order form and they are integral part of the General Sales Conditions.
The delivery time of the Products of the Website are just an indication and include only working days, but not bank holidays.
The Customer shall place the order directly from the Website page of the country identical to the delivery address. The Website should be able to automatically recognize the country from which the Customer is accessing the website, but it is possible to change the country of reference of the Website through the list of shipping countries on the relevant page of the Website.
Those orders carried out in a country different than the destination country or to an address that is not accepted by the Seller’s courier (such as PO box and undressed mail) will be automatically deleted. For Italy only, the Website is not authorized to ship to Livigno, Campione d'Italia, San Marino and Vatican City.
RIGHT OF WITHDRAWAL
Exerting the withdrawal rightThe Customer is entitled to withdraw from the agreement concluded with the Seller without any penalty and without giving any reason, within 14 working days from the day he/she has received the Products purchased from the Website.
To exert the right of withdrawal, the Customer can use the withdrawal form of the Website. In this case, the Customer shall access the section of the Website relating to orders placed, fill in the withdrawal form and send it electronically to the Seller.
Alternatively, the Customer can send a communication where he/she writes his/her decision to withdraw from the contract and gives his/her personal details (name, surname, address and e-mail), the order date and the date when the Products were received, the order number and the purchased Products. The Customer can also use the withdrawal form given in Attachment I of the Law Decree 21st February 2014, no. 21 (the form is not compulsory) that is available at the bottom of this page. If the Customer chooses this option, the notice of withdrawal must be sent to the Seller at the contacts indicated in the paragraph "Customer Care".
If the right of withdrawal is exercised, the Product cannot be replaced with another one; the Customer will have to place a new order to purchase a new Product.
The Customer is responsible for the decrease in the value of the Products resulting from the manipulation of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves. The returned Products must be returned in perfect condition and including all accessories and documents. In the event that the product shows signs of wear or has been altered in any way from its original condition, the Seller reserves the right not to accept the return or, alternatively, to reduce the amount either of the refund or exchange.
TIME AND METHODS OF RETURNS
The Products subject to withdrawal must be returned to the Seller within 14 days from the date on which the Customer sent the relevant withdrawal form to the Seller. The Products must be returned to the Seller, together with the withdrawal form available here, at ANTONIA SRL Magazzino Sacchi Via Sacchi 1/3 20121, Milano.
The payment of the direct costs of returning the Products is charged to the Customer.
It is recommended to return the Products inside the packaging sent by the Seller.
After having received the Products and checked that all the requirements referred to in this art. 6 have been followed, the Seller will send the Customer an email confirming the acceptance of the return.
The Seller will reimburse all the amounts received by the Customer including the shipment expenses. The Seller will not reimburse the extra shipment costs if the Customer has chosen a delivery different from the less expensive delivery method that is offered by the Seller.
Despite the payment method chosen by the Customer, the reimbursement is carried out by the Seller after checking the correct execution of the withdrawal right and in the shortest time possible and within fourteen (14) days starting from the day that the Seller receives the return communication. The reimbursement may be suspended by the Seller until the Products are received or until the Customer demonstrates that he/she has returned the Products, whichever is earlier.
The Seller will reimburse the Customer by using the same method that the Customer has used for the purchase unless it is agreed differently. If there is not a correspondence between the recipient of the Products and the person who paid for the purchase, the Seller will reimburse the person who carried out the payment, unless it is agreed differently.
If the procedures and terms for exercising the right of withdrawal are not followed, as specified in this art. 6, the Customer will not be entitled to a reimbursement of the amounts already paid to the Seller; however, the Customer may, at his/her own expense, obtain the Products in the state in which they were returned to the Seller.
LEGAL GUARANTEE OF CONFORMITY
The Customer has the right to the legal guarantee in the event of non-conformity of the Product which occurs within two years of delivery of the goods.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within 1 (one) year from the product delivery 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.
It is understood that damage, alterations, changes and/or modifications to the Products caused by the Customer and/or third parties other than Antonia will not be considered as a defect or lack of conformity. By way of example and not limited to, damage caused by improper use (such as direct exposure to sunlight or heat, contact with liquids, rain or food), normal wear and tear, will not be considered defects or lack of conformity as well as failure to comply with the applicable maintenance and/or cleaning instructions.
The direct action to assert a lack of conformity not intentionally concealed by the Seller is prescribed, in any case, within 26 (twenty-six) months from the delivery of the product.
In the event of a lack of conformity, the Customer can ask the Seller either to repair the item or replace it, in both cases without incurring any expense, unless the requested remedy is objectively impossible or excessively onerous compared to the other remedy. The Customer may also request either an appropriate reduction in the price or the termination of the contract in cases given by the art. 135-bis of the Consumer Code.
In order to take advantage of the guarantee of conformity, it is recommended to keep and show the product purchase documents. For more information on the legal guarantee of conformity for consumers as well as to take advantage of the remedies provided for by the legal guarantee in relation to the products purchased from the Seller, the Customer can contact the Customer Care.
APPLICABLE LAW AND RESOLUTION OF DISPUTE
The General Sales Conditions are ruled by the Italian law and, in particular, by the provisions of the law decree dated 6th September 2005 no. 206, the “Consumer Code”, with reference to the provisions relevant to distance contracts and the law decree dated 9th April 2003 No. 70 relevant to same aspects of electronic commerce.
For any dispute relevant to these General Conditions, the Customer can use the online platform provided by the European Commission for the alternative extra-judicial resolution of disputes (so-called ODR platform), accessible on the website at the following link https://webgate.ec.europa.eu/odr
The Customer's right to appeal to the competent ordinary judge is reserved. The court applicable to sales contracts concluded through the Website is that of the Customer's place of residence or domicile.
CHANGES OF THE GENERAL SALES CONDITIONS
These General Sales Conditions can also be modified by the Seller in the event of changes in the regulations. The new General Sales Conditions will be valid from the day on which they are published on the Website.
For assistance on the Products, more information, suggestions, complaints and/or further requests, the Customer can contact the Seller’s Customer Care at any time by completing the Contact form or by using the following: