GENERAL CONDITIONS OF SALE
The following General Sales Conditions govern the offer and the sale of products through the website www.annalisacaricato.com and its online store.
It is AC S.r.l., with registered office in Milano (MI) via Achille Mauri n. 4 – Italy, VAT code no. 09707990967(hereinafter, the “Seller”) that directly sells the products made available on www.avanblanc.com.
For any information, please contact the Seller at the e-mail address firstname.lastname@example.org or on the telephone number +39 3925739953.
1. MARKETING POLICY
1.1 The Seller exclusively offers its products to, and does its business with, “Consumers” (hereinafter, the “Clients”), it being understood that consumer means any individual who acts in a capacity other than a business or professional activity.
1.2 The Seller therefore asks any user who does not fall within the definition of Consumer to refrain from establishing commercial relations with the Seller, and from purchasing items offered for sale on the Seller’s online store.
1.3 Consistently with the marketing policy above, the Seller reserves the right to process neither purchase orders which have been submitted by a user other than a Client, nor any purchase orders falling outside the scope of the abovementioned marketing policy.
1.4 These General Sales Conditions do not apply to the provision of services or to the sale of products by entities (other than the Seller) who appear on the website www.annalisacaricato.com by means of whatsoever link, banner, or other hyperlink.
1.5 The Seller invites the Clients aiming to either purchase products or enjoy services offered by entities other than the Seller to check the sales conditions applied by those entities before submitting the purchase order, because the Seller shall not be liable for the services and products offered by said third parties.
2. CLIENTS’ REQUIREMENTS
2.1 To validly and effectively submit purchase orders the Clients must:
a) fall within the definition of consumer pursuant to art. 1, paragraph 1, of these General Sales Conditions;
b) be 18 years old, or elder;
c) fit all legal requirements that are necessary to effectively enter into agreements;
d) have a valid e-mail address;
e) use one of the payment methods listed in art. 6 below.
3. PRODUCT’S FEATURES
3.1 The website www.annalisacaricato.com exclusively promotes the sale of Annalisa Caricato branded products, the main features of which are described in the relevant product file.
3.2 All the Seller’s products are delivered to the Client inclusive of an identification card bearing a serial code with a disposable seal.
3.3 Any removal of the identification card, serial code, and/or seal will imply the automatic waiver of the withdrawal right set out in art. 10.
4.1 The Seller accepts no liability arising from the possibility that – due to a particular set up of the Client’s computer or a failure thereof – the colours of the products depicted on the website may divert from those of the actual products.
4.2 All pictures shown on the website www.annalisacaricato.com are exclusively proprietary to the Seller.
4.3 The Seller will enforce its rights against any use of the products’ pictures which was not expressly authorized in writing in advance.
5. EXECUTION OF THE AGREEMENT
5.1 The agreement between the Seller and the Client enters into force upon delivery to the Seller of the electronic purchase order form duly filled in all the fields by the Client.
5.2 For the purposes of this art. 5 purchase order form shall mean the multi-step procedure starting with the products’ selection by the Client on the website www.annalisacaricato.com and ending when the form is sent to the Seller.
5.3 The purchase order form contains links which allow the Client to consult these General Sales Conditions, the main features of the chosen product, the price thereof (inclusive of all applicable taxes and costs), the available payment methods, and the shipping costs and methods.
5.4 The agreement shall be considered to be in force as soon as the Seller receives the abovementioned purchase order form duly filled in all the fields by the Client.
5.5 Before taking responsibility for the Client’s order, the Seller reserves the right to verify the correctness of the data the Client submitted, and to ask for further information in cases where said data appear suspicious.
5.6 The Seller will not give execution to purchase orders in cases where the Client fails to give sufficient payment warranties, or where the purchase orders emerge to be incomplete, incorrect, or filled with manifestly untrue data.
5.5 In the event the product(s) the Client selected is(are) temporarily not available for whatever reason, the Seller will promptly contact the Client at the e-mail address identified in the purchase order form to confirm that the agreement is not in force, and to provide information on the refund’s methods.
5.6 In the abovementioned scenario where the selected product is not available, the Client may alternatively opt, in lieu of the refund, to wait until the selected product becomes available again (see art. 9).
5.7 The acceptance of these General Sales Conditions qualifies as condition precedent for the sale and purchase agreement’s execution.
5.8 Subsequently to the effective execution of the agreement, the Seller will send to the Client’s e-mail address a recap of the purchase order, which includes:
a) the order number (which shall be used in all future communications with the Seller);
b) the General Sales Conditions;
c) the Information document on the right of withdrawal;
d) information on the main features of the product;
e) a detailed outline of the purchase price, the selected payment method, and of the delivery costs and dates.
6. POSSIBLE PAYMENT METHODS
6.1 The Seller accepts payments through Credit Card and Wire Transfer.
6.1.1 The Seller will forward all banking details (credit/debit card number, or the card expiry date), by means of encrypted protocol, to the Seller-appointed bank providing electronic payment services without any possibility for third parties to access such data.
6.1.2 The Seller will under no circumstance use the abovementioned data for purposes other than (i) the products’ purchase, (ii) the refund thereof (in case the Client returns the product in accordance with its right of withdrawal), or (iii) the prevention or notification to the Police of frauds ascribable to the Client.
6.1.3 The Seller will charge the Client’s bank account with the purchase price and the delivery costs, as identified in the purchase order form, upon execution of the agreement.
6.1.4 If the funds’ availability is sufficient to cover the purchase, and the banking details are correct, the transaction will be processed immediately.
6.2 The Seller accepts payments through wire transfer to the following bank account, IBAN code IT74Y0538701609000002507036.
6.2.1 If the Client opts for the Wire Transfer payment, after the order submission, the Client will automatically receive a confirmatory e-mail containing the Seller’s banking details. The Seller will subsequently set aside the purchased product(s), while the credit operation is in progress.
6.2.2 The Client must send copy of the payment receipt including the TRN (acronym for CRO in Italian) code to the e-mail email@example.com within 48 hours of receipt of the confirmatory e-mail to the Client’s e-mail address; failure to do so will imply cancellation of the purchase order.
7. DELIVERY METHODS
7.1 Delivery of products purchased on the website www.annalisacaricato.com is always free of charge and is handled by a Seller-appointed carrier.
7.2 Deliveries to Countries outside the European Union are VAT-free, but the Client will bear any import taxes.
7.3 Deliveries enjoy a free of charge insurance policy against the risks of theft and accidental damages until the product is handed over to the Client.
7.4 The Seller is not liable for any delays accrued for customs operations and inspections, or for events of force majeure beyond the Seller’s control.
7.5 The Seller will ship the products flagged as ‘available’ on the website www.annalisacaricato.com on the first working day following successful receipt of payment.
7.7 All deliveries by the Seller will be inclusive of the original invoice outlining the value of each item in Euro.
8.1 Upon delivery of the products, and before signing the acceptance of delivery receipt, the Client must always verify the integrity of the products.
8.2 If the Seller’s packaging and/or adhesive tape appear to be altered or damaged for whatever reason, the Client must specify in the delivery receipt that the Client accepts with some reservations, or refuse the receipt.
8.3 In case that the delivery is accepted by means of an unauthorized signature, or in case there is proof that the packaging suffered alteration, the Client must immediately report the circumstance to the carrier, and contact the Seller at the contact details listed above, making reference to the purchase order number.
8.4 The Client who submits a purchase order is entering into a commercial relationship with the Seller, and therefore the Client undertakes to accept the delivery by the Seller. In cases where the delivery is not successful for cause ascribable to the Client (wrong address, the addressee is always absent, the telephone number is incorrect, etc.), or where the Client refuses the delivery, the Seller will charge the Client with any additional delivery and/or customs’ costs by deducting said costs from the refund due to the Client.
9. PRODUCTS’ SHORTAGE AND PRE-ORDER
9.1 All products displayed on the Annalisa Coricato store are immediately available for purchase, unless otherwise specified.
9.2 In case of any products’ shortage, the Seller flags such products as ‘not available,’ and provides its best forecast on when they will become available again.
9.3 During this phase, the Seller suspends the purchase procedure, and replaces it with the “PRE-ORDER” form.
9.4 The Pre-order grants to the Client the possibility to receive the product approximately within the estimated deadline, thereby avoiding delays that may be due to any accrual of orders or new product’s shortage.
9.5 The same rules governing the purchase of products, including those set out in regards to the immediate charge of the purchase price, apply to the pre-order.
9.6 By submitting a “pre-order”, the Client explicitly accepts to receive the product beyond the 30-day deadline, in express waiver of art. 54, paragraph 1, of Legislative Decree of the 6th of September 2005 no. 206 (hereinafter, the “Consumer Code”).
9.7 The Seller will in any event send the selected product as soon as such product will become available to the Seller again.
9.8 The delivery date identified by the Seller is purely approximate, and may be varied depending on the supply of products.
10. RIGHT OF WITHDRAWAL
10.1 Pursuant to art. 64 of the Consumer Code, the Client can withdraw from the contract, without any penalty and without specifying the reason, within 14 working days of receipt of the products at the destination specified upon purchasing the item sending an email to firstname.lastname@example.org detailing:
name and surname;
purchase order number;
the compensation the Client is seeking for between, alternatively:
change of item or reimbursement
10.2 The Seller will treat as not received any request for withdrawal which does not meet the abovementioned requirements, or that is sent beyond the abovementioned time limit, and therefore the Client will be prevented from exercising his/her right of withdrawal, unless the Client timely sends the necessary documentation within the time limit.
10.3 Once the Seller receives the duly filled in request for withdrawal, the Seller will provide written confirmation to the Client specifying the return number, which shall be used in all future communications relating to the product’s return and reimbursement.
10.4 The Client must return the product at his/her own expenses within the time limit specified in paragraph 1 to the following address: AC S.r.l., with registered office in Milano (MI) via Achille Mauri n. 4, Italy.
10.5 The Client will bear all risks arising from the chosen delivery method (e.g. loss of, or damage to, the products).
10.6 To duly exercise his/her right of withdrawal the Client must comply with the following rules:
10.6.1 the Client must abstain from wearing or using the product, and the product must not present any sign of use;
10.6.2 the product must be complete of its card, label, bag, and box which were provided at the time of the purchase, and which shall be considered as a part of the product;
10.6.3 the Client must return the product with its original packaging. The Client is allowed to use alternative packaging so long as it guarantees the product’s integrity and adequate protection based on common experience.
10.7 Once the Seller has received the returned product and ensured compliance by the Client with the requirements in the paragraph above, the Seller gives the Client the chosen consideration, bearing in mind that:
10.7.1 the change of product is subject to the availability of the new product;
10.7.2 the Seller passes the amount to the credit of the Client’s credit card or bank account used for the payment within 30 days of the product’s return. The timing of the credit operation varies based on the bank. Reimbursements are in the same currency as the one used for the original transaction. The Seller will not compensate for any differences that may be due to the fluctuations of the exchange rate.
10.8 If, upon receipt of the returned product, the Seller ascertains that one of the requirements which legitimate the withdrawal are not met, the Seller will promptly (i) communicate to the Client the reasons why the Client cannot exercise his/her right of withdrawal, (ii) ask the Client to pay the costs that are necessary to deliver the product to the Client again, and (iii) retain the amounts that the Client has already paid, without reimbursing the purchase.
11.1 AC S.r.l., with registered office in Milano (MI) via Achille Mauri n. 4, Italy (Data Controller) will process the Client’s (“User”) personal data collected for the purpose of finalising the purchase operation mostly with electronic means.
11.2 By the Client’s request, the Data Controller may use the abovementioned data also to send e-mails advertising its products, services and/or promotions having a connection with the Client’s past orders.
11.3 For the purposes of this information notice, ‘personal data’ means any information that are collected either directly by the Data Controller or by third parties and concerning Cookies, Navigation Data, E-Mail, Name and Surname which were either provided by the Client on a voluntary basis, or collected automatically during the site’s navigation.
11.4 The Data Controller collects the User’s data to enable Avanblanc.com provide the User with its services, and to pursue the following purposes: elaborating statistics, managing addresses, contacting the User by e-mail.
11.5 Pursuant to art. 7 of Legislative Decree 196/2003, the Client is entitled to ask the Data Controller, by sending an e-mail to email@example.com, the following information:
confirmation that the Data Controller is retaining any Client’s personal data;
the personal data’s communication and source;
the reasons and the purposes for their collection and processing.
11.6 The Client can seek for the information above every 90 days, unless his/her request is justified by the following reasons: requests for data’s cancellation or rectification following a breach of law; or cancellation of those data which could not be used in connection with the purposes for which they were collected.
11.7 Personal data that the User provides on a voluntary basis will not be disseminated or communicated to third parties.
11.8 If the User pays by credit card, the data that are necessary to execute the transaction (credit card number, expiry date, security code) will be forwarded to the data processor, or to the anti-fraud entities, by means of encrypted protocol, without any possibility for third parties to access such data. The Seller will never access or retain said data.
11.10 The data will be processed at the Data Controller’s offices, and in any other places where the subjects involved in the data processing are located, for a period of time that is necessary to provide the service sought by the User.
11.11 The Data Controller, however, is not in a position to warrant to the Users that the security measures implemented for the safety of the website and of the data transmission through the website will effectively limit or erase any risks that the user’s devices will allow any unauthorised access to the data, or cause a loss thereof.
12. WAIVER OF LIABILITY
12.1 The Seller publishes information on its website to provide services to its clients, but accepts no liability for any technical or factual inaccuracies, and/or for any typographic errors, which the Seller – following a report by the Client – will immediately rectify.
12.2 The Seller also reserves the right to rectify or modify the website any time the Seller deems it necessary, and without any notice.
12.3 The Seller does not warrant that the information published on its website comply with the local legislation (other than the Italian) to which the Client is subject in his/her place of residence.
12.4 The Seller accepts no liability arising from any problems, damages or risks that the user may face while browsing the website.
12.5 The Seller warrants that its website is protected in compliance with the Internet international standards and, therefore, if the User makes a correct use of the website, the User’s device is protected against the risks associated with computer virus.
12.6 The Seller accepts no liability arising from any browsing problems deriving from the user’s choice to de-activate cookies.